Any recovery of possession against a tenant for life shall be subject to the rights of persons having future interests in the property, unless such persons were joined as parties.
843.04.Future interests.
Ch. 843: Actions for Possession of Real Property; Damages for Withholding · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 843.04 protects people with future interests in real property by making any recovery of possession from a life tenant subject to those future interests, unless the future-interest holders were joined as parties to the case.
Full Text of Section 843.04
Plain-English Summary
A tenant for life holds the property only for the duration of a life, after which the right to possession passes to whoever holds the remaining, or future, interest. Section 843.04 protects those future-interest holders when someone recovers possession from a life tenant in a lawsuit. Unless the future-interest holders were made parties to that case, a judgment recovering possession from the life tenant does not cut off their rights.
The rule prevents a possession judgment against a life tenant from silently wiping out the claims of remaindermen or others who will only come into possession later. If the plaintiff wants a judgment that also binds those future interests, the plaintiff needs to join the people who hold them.
Frequently Asked Questions
If I win a possession judgment against a life tenant, does that judgment also bind the people who inherit after the life tenant dies?
Only if those future-interest holders were joined as parties to the action. Section 843.04 makes recovery of possession against a tenant for life subject to the rights of persons with future interests unless they were joined.
What happens to a remainderman’s rights if they were not made a party to a possession suit against the life tenant?
Their rights are protected. Section 843.04 states that recovery of possession against a life tenant is subject to the rights of persons having future interests when those persons were not joined as parties.
Do I need to name future-interest holders as defendants to get a judgment that binds them too?
Yes. Under Section 843.04, a judgment recovering possession from a tenant for life will not bind future-interest holders unless they were joined as parties to the action.
What is a tenant for life in this context?
It is a person whose right to possess the property lasts only for a lifetime, after which the property passes to whoever holds the future interest — the interest Section 843.04 protects from being cut off without joinder.
Does this section apply automatically, or only if someone raises it?
The text of Section 843.04 states the protection as a limit on the effect of the judgment itself: recovery against the life tenant is subject to unjoined future interests by the terms of the statute.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 843.04.
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 life tenant possession lawsuitfuture interest holders joined as partiesremainderman rights possession judgment wisconsin843.04 life estate