Any defense, whether formerly denominated legal or equitable, may be pleaded as a defense.
843.07.Defenses: legal; equitable.
Ch. 843: Actions for Possession of Real Property; Damages for Withholding · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 843.07 allows a defendant in a possession action to plead any defense, whether historically classified as legal or equitable, without needing to distinguish between the two.
Full Text of Section 843.07
Plain-English Summary
Section 843.07 is brief but removes a distinction that used to matter a great deal in real-property litigation. A defendant may plead any defense, whether it would formerly have been called a legal defense or an equitable one. The defendant does not need to pick a track, or worry that raising an equitable defense in what looks like a legal possession action is out of bounds.
This reflects the merger of law and equity that runs through the surrounding chapter: a possession action can involve legal claims to title or right of entry alongside equitable defenses like estoppel or unclean hands, and Section 843.07 lets a defendant bring all of them into the same case.
Frequently Asked Questions
Can I raise an equitable defense in a Wisconsin possession lawsuit, or only legal ones?
You can raise either. Section 843.07 allows any defense, whether formerly denominated legal or equitable, to be pleaded.
Do I have to pick between an equitable defense and a legal defense?
No. Section 843.07 does not require a defendant to choose; any defense may be pleaded regardless of its historical classification.
Does this section create new defenses, or just remove a procedural distinction?
It removes a procedural distinction. Section 843.07’s text addresses how defenses formerly denominated legal or equitable may be pleaded; it does not itself list or create substantive defenses.
Does Section 843.07 apply only to defendants, or can plaintiffs use it too?
The text refers to pleading defenses, which is the defendant’s role in the action; it addresses what a defendant may plead in response to the plaintiff’s claim.
Why did Wisconsin need to say legal and equitable defenses can both be pleaded?
Courts historically kept legal and equitable claims and defenses on separate tracks. Section 843.07 confirms that a possession action does not preserve that separation for purposes of pleading defenses.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 843.07.
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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