(1) If the property is occupied, or if any person is in physical possession, or if any person is exercising acts of ownership on the property, such occupant or possessor shall be made a defendant.
843.05.Defendants; separate trials.
Ch. 843: Actions for Possession of Real Property; Damages for Withholding · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 843.05 requires anyone occupying, physically possessing, or exercising acts of ownership over the property to be made a defendant, and lets the court grant separate trials to different defendants with separate judgments.
Full Text of Section 843.05
(2) The court may award a separate trial to any defendant; in a joint trial, several judgments may be rendered.
Plain-English Summary
Section 843.05 addresses who has to be brought into a possession lawsuit and how the court can manage a case with more than one defendant. Subsection (1) requires that anyone who occupies the property, physically possesses it, or exercises acts of ownership over it be made a defendant. This keeps the plaintiff from suing only a paper title-holder while leaving out the person occupying the land.
Subsection (2) gives the court flexibility once multiple defendants are in the case. The court may award a separate trial to any defendant, and where the trial is joint, the court may still render several — meaning separate — judgments against different defendants. A single lawsuit against multiple occupants or claimants does not force a single, undifferentiated outcome for all of them.
Frequently Asked Questions
Who has to be named as a defendant in a Wisconsin possession lawsuit?
Section 843.05 requires that anyone who occupies the property, is in physical possession of it, or is exercising acts of ownership over it be made a defendant.
Can I get a separate trial if I am one of several defendants in a possession case?
Yes. Section 843.05(2) allows the court to award a separate trial to any defendant.
If several defendants are tried together, does the court have to reach the same result for all of them?
No. Section 843.05(2) allows several judgments to be rendered even in a joint trial, so outcomes can differ among defendants.
What counts as ‘exercising acts of ownership’ that would require someone to be named a defendant?
The statute does not define the phrase further; it identifies exercising acts of ownership on the property, alongside occupancy and physical possession, as grounds for requiring that person to be made a defendant under Section 843.05(1).
If the person in physical possession is not the title owner, do I still have to sue them?
Yes. Section 843.05(1) requires that a person in physical possession be made a defendant regardless of whether they hold title.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 843.05.
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
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