If the court orders that the owner of an interest is a necessary party to an action, the action may not be dismissed, but the plaintiff shall be given leave to join the missing person as plaintiff or defendant.
840.06.Joinder of additional interest-holders.
Ch. 840: Real Property Actions; General Provisions · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 840.06 protects a real property action from dismissal when the court finds that an interest holder should have been a party, giving the plaintiff leave to join that missing person as a plaintiff or defendant instead.
Full Text of Section 840.06
Plain-English Summary
Section 840.06 addresses what happens when a real property case is missing someone who should be in it. If the court orders that the owner of an interest is a necessary party to the action, the action is not dismissed on that basis. Instead, the plaintiff is given leave to join the missing person, either as a plaintiff or as a defendant.
This keeps a real property case from being lost on a technicality when an interest holder was left out at the start. The court identifies the gap, and the plaintiff gets the chance to fix it by bringing that person into the case, in whichever role fits.
Frequently Asked Questions
What happens if a Wisconsin court decides someone with an interest in the property should have been a party?
The action is not dismissed. Section 840.06 gives the plaintiff leave to join that missing person instead.
Can the missing interest holder be added as a defendant instead of a plaintiff?
Yes. The plaintiff may join the missing person as either a plaintiff or a defendant.
Does failing to name every interest holder at the start doom a real property case?
No. Section 840.06 prevents dismissal on that ground and instead allows joinder of the missing party.
Who decides that an interest holder is a necessary party?
The court, through its order.
Who is responsible for joining the missing party once the court identifies the gap?
The plaintiff, who is given leave to join the missing person.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 840.06.
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 necessary party real property actionjoining missing interest holder wisconsin lawsuitaction not dismissed necessary party wisconsinadding a party real property case wisconsin