Wisconsin Statutes
Wis. Stat. § 842.17 (2026)
Interlocutory judgment of sale
✓ current as of July 2026
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842.17(1)(1) If the court finds that the land or any portion thereof is so situated that partition cannot be made without prejudice to the owners, and there are no tenants or lienholders, it may order the sheriff to sell the premises so situated at public auction.
842.17(2)(2) If a lienholder or tenant consents to sale of the lienholder’s or tenant’s interest or is unknown, the value of the lienholder’s or tenant’s interest shall be paid to the lienholder or tenant or set aside for the lienholder or tenant from the proceeds of the sale before any distribution is made to the partitioning cotenants.
842.17(3)(3) If there are tenants or lienholders who do not consent to sale, the court may order such sale subject to the lien or tenant’s interest.
842.17(4)(4) If a nonconsenting tenant derived his or her interest from less than all of the cotenant owners, a sale may be ordered without the nonconsenting tenant’s consent, and the nonconsenting tenant’s interest sold; the value of the nonconsenting tenant’s interest shall be paid to the nonconsenting tenant from the proceeds of sale owing to the nonconsenting tenant’s lessor.
842.17 HistoryHistory: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.17; 1993 a. 486.
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 1981–2023 · leading case: Prince Corp. v. James N. Vandenberg, 2016 WI 49 (Wis. 2016).
Prince Corp. v. James N. Vandenberg, 2016 WI 49 (Wis. 2016). “We note that the record is devoid of any indication of whether Prince, BMO Harris, the DOR or the State of Wisconsin would or would not consent to a sale.”
Boltz v. Boltz, 395 N.W.2d 605 (Wis. Ct. App. 1986). “” Section 842.17(1) provides that: “If the court finds that the land or any portion thereof is so situated that partition cannot be made without prejudice to the owners,.”
Reckner v. Reckner, 314 N.W.2d 159 (Wis. Ct. App. 1981). “If the court orders sale of the property, § 842.17(2) provides that a lienholder who consents to the sale shall have his interest paid to him or set aside out of the proceeds of the sale before distribution to partitioning co-tenants.”
LaRene v. LaRene, 394 N.W.2d 742 (Wis. Ct. App. 1986). “Section 842.17(1) provides that “[i]f... partition cannot be made without prejudice to the owners, [the trial court] may order the sheriff to sell the premises.”
Prince Corp. v. Vandenberg, 2015 WI App 55 (Wis. Ct. App. 2015). “See Wis. Stat. § 842.17 (1). However, Van De Hey has already paid $227,800 for the property, pursuant to the land contract.”
Fohr v. Fohr, 2007 WI App 149 (Wis. Ct. App. 2007). “See Wis. Stat. § 842.17 (1). 4 David also argued that at least the portion he acquired from Sue is not constrained by the will because he acquired it before the probate court amended the judgment to include Lester's limitations.”
Glen M. Groeschel v. Daniel F. Groeschel (Wis. Ct. App. 2022). “” The court found that the parties were unable to work together to resolve their disputes regarding the parcels or agree on valuation, and the parties had been hindering each other’s rights in the parcels.”
Jeffrey Kuczmarski v. Erin Kuczmarski (Wis. Ct. App. 2023). “That person may seek a judgment of partition and, alternatively, “if partition is impossible, judicial sale of the land or interest, and division of the proceeds.” Sec. 842.02(2). If the circuit court finds that “partition cannot be made without prejudice to the owners,” it may…”
— Wis. Stat. § 842.17(1) — 5 cases
Boltz v. Boltz, 395 N.W.2d 605 (Wis. Ct. App. 1986). “” Section 842.17(1) provides that: “If the court finds that the land or any portion thereof is so situated that partition cannot be made without prejudice to the owners,.”
Prince Corp. v. James N. Vandenberg, 2016 WI 49 (Wis. 2016). “We note that the record is devoid of any indication of whether Prince, BMO Harris, the DOR or the State of Wisconsin would or would not consent to a sale.”
LaRene v. LaRene, 394 N.W.2d 742 (Wis. Ct. App. 1986). “Section 842.17(1) provides that “[i]f... partition cannot be made without prejudice to the owners, [the trial court] may order the sheriff to sell the premises.”
Glen M. Groeschel v. Daniel F. Groeschel (Wis. Ct. App. 2022). “” The court found that the parties were unable to work together to resolve their disputes regarding the parcels or agree on valuation, and the parties had been hindering each other’s rights in the parcels.”
Jeffrey Kuczmarski v. Erin Kuczmarski (Wis. Ct. App. 2023). “That person may seek a judgment of partition and, alternatively, “if partition is impossible, judicial sale of the land or interest, and division of the proceeds.” Sec. 842.02(2). If the circuit court finds that “partition cannot be made without prejudice to the owners,” it may…”
— Wis. Stat. § 842.17(2) — 2 cases
Prince Corp. v. James N. Vandenberg, 2016 WI 49 (Wis. 2016). “We note that the record is devoid of any indication of whether Prince, BMO Harris, the DOR or the State of Wisconsin would or would not consent to a sale.”
Reckner v. Reckner, 314 N.W.2d 159 (Wis. Ct. App. 1981). “If the court orders sale of the property, § 842.17(2) provides that a lienholder who consents to the sale shall have his interest paid to him or set aside out of the proceeds of the sale before distribution to partitioning co-tenants.”
— Wis. Stat. § 842.17(3) — 1 case
Reckner v. Reckner, 314 N.W.2d 159 (Wis. Ct. App. 1981). “If the court orders sale of the property, § 842.17(2) provides that a lienholder who consents to the sale shall have his interest paid to him or set aside out of the proceeds of the sale before distribution to partitioning co-tenants.”
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