The answer shall indicate the nature and derivation of defendant’s interest. If the defendant, by answer, disclaims any interest in the described property or in plaintiff’s claimed interest, no further answer is necessary.
841.04.Answer.
Ch. 841: Declaration of Interest in Real Property · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 841.04 requires a defendant’s answer to explain the nature and source of their interest in the property, unless the defendant disclaims any interest at all, in which case no further answer is needed.
Full Text of Section 841.04
Plain-English Summary
Section 841.04 tells a defendant what an answer in a declaration-of-interest action must show: the nature and derivation of the defendant’s interest, meaning what the interest is and where it came from.
There is a shortcut. If the defendant disclaims any interest in the described property, or disclaims any interest in what the plaintiff claims, no further answer is necessary. A defendant with nothing to contest can end their involvement with that single disclaimer instead of detailing an interest they do not hold.
Frequently Asked Questions
What must a defendant’s answer say in a Wisconsin declaration-of-interest action?
It must indicate the nature and derivation of the defendant’s interest.
What if I do not claim any interest in the property at all?
You may disclaim it in the answer, and no further answer is necessary.
Does disclaiming interest in the property also cover disclaiming interest in the plaintiff’s claimed interest?
Yes. Section 841.04 lets the defendant disclaim interest in either the described property or the plaintiff’s claimed interest to avoid a further answer.
Do I need to explain how I got my interest, or just state that I have one?
The answer must indicate the derivation of the interest as well as its nature, not just that an interest exists.
What is the benefit of filing a disclaimer instead of a full answer?
No further answer is necessary once the disclaimer is filed.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 841.04.
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 answer declaration of interest actiondisclaiming interest in real property wisconsinhow to answer quiet title complaint wisconsinno interest disclaimer real property answer