842.07 Findings and conclusions; referee. On default and proof or after trial of issues, the court shall by findings of fact and conclusions of law determine the rights of the parties. If the basis for partition is clear, the court may enter judgment partitioning the interests. If the basis for partition is not clear, the court shall appoint a referee to report either a basis for partition, or the conclusion that partition is prejudicial to the parties.
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.07.
The homestead exemption may arise in a partition action. Reckner v. Reckner, 105 Wis. 2d 425, 314 N.W.2d 159 (Ct. App. 1981).
If the court's findings and conclusions indicate as a matter of law that any partition would be prejudicial, the court need not appoint a referee and may order a sale under s. 842.17 (1). LaRene v. LaRene, 133 Wis. 2d 115, 394 N.W.2d 742 (Ct. App. 1986).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 842 - Partition of interest in real property.
842.02 - Partition; plaintiffs.
842.03 - Partition when state part owner; service of process.
842.07 - Findings and conclusions; referee.
842.10 - Referee's report; partition not prejudicial.
842.11 - Referee's report; partition prejudicial.
842.13 - Report may be set aside.
842.14 - Judgment of partition.
842.17 - Interlocutory judgment of sale.
842.18 - Notice and method of sale.
842.19 - Report; confirmation of sale; final judgment.
842.22 - Distribution of proceeds of sale.
842.23 - Distribution; cancellation of liens.
842.24 - Proceedings not to affect whom.
842.25 - Share of individual adjudicated incompetent.
842.26 - Investment of share of absentee.
842.28 - Securities, how taken.
842.29 - Receipt and application of payments; account.