Any action proper under s. 840.03 may be brought in rem or in personam according to appropriate statutes for obtaining jurisdiction. Actions in rem and in personam may be joined.
840.05.Joinder.
Ch. 840: Real Property Actions; General Provisions · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 840.05 lets a real property action proceed in rem, in personam, or both together, following whatever statute supplies jurisdiction for each, and allows the two types of action to be joined.
Full Text of Section 840.05
Plain-English Summary
Section 840.05 addresses how a real property action proper under section 840.03 gets jurisdiction. It may be brought in rem, meaning against the property itself, or in personam, meaning against a person, according to whichever statutes are appropriate for obtaining jurisdiction that way.
The section also lets the two approaches work together: actions in rem and in personam may be joined. A single case can therefore bind the property and pursue the person at the same time, rather than requiring two separate proceedings.
Frequently Asked Questions
Can a Wisconsin real property action be brought against the property itself rather than a person?
Yes, in rem, according to the appropriate statutes for obtaining jurisdiction that way.
Can I combine an in rem claim and an in personam claim in the same lawsuit?
Yes. Section 840.05 allows actions in rem and in personam to be joined.
What determines whether a real property action can proceed in rem or in personam?
The appropriate statutes for obtaining jurisdiction, which this section relies on rather than setting its own jurisdictional rules.
Does this section apply to any real property remedy?
It applies to any action proper under section 840.03, which covers the remedies listed there.
Does the section explain why someone would join in rem and in personam claims?
Not explicitly, but by allowing joinder, it lets a single action reach both the property and the person connected to it.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767, 782 (1975); Stats. 1975 s. 840.05.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin in rem in personam real property actionjoining in rem and in personam claims wisconsinreal property jurisdiction wisconsin lawsuitcombining property and personal claims wisconsin