If the action for recovery of possession is brought by a tenant in common or a joint tenant against a cotenant, the plaintiff must prove that the defendant ousted the plaintiff or did some other act amounting to a total denial of the plaintiff’s right as cotenant.
843.12.Plaintiff’s proof; ouster.
Ch. 843: Actions for Possession of Real Property; Damages for Withholding · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 843.12 requires a cotenant or joint tenant suing another cotenant for possession to prove the defendant ousted the plaintiff or otherwise totally denied the plaintiff’s cotenancy rights.
Full Text of Section 843.12
Plain-English Summary
Cotenants and joint tenants each have a right to possess the whole property they hold together, so one cotenant’s presence on the land is not, by itself, wrongful toward the others. Section 843.12 reflects that reality with a heightened proof requirement: when the action for recovery of possession is brought by a tenant in common or a joint tenant against a cotenant, the plaintiff must prove that the defendant ousted the plaintiff, or did some other act amounting to a total denial of the plaintiff’s right as cotenant.
Ordinary shared use or occupancy by a cotenant does not meet that standard. The plaintiff has to show something more — conduct by the defendant that rejects the plaintiff’s cotenancy rights altogether, not conduct consistent with a cotenant lawfully occupying property both parties are entitled to use.
Frequently Asked Questions
Can I sue my co-owner for possession just because they are living on the property and I am not?
Not on that basis alone. Section 843.12 requires proof that the defendant ousted the plaintiff or did some other act totally denying the plaintiff’s right as cotenant, not just that the defendant is present on shared property.
What does ‘ouster’ mean under this section?
The statute does not define the term further; it requires the plaintiff to prove ouster or some other act amounting to a total denial of the plaintiff’s right as cotenant before recovering possession from a fellow cotenant.
Does this proof requirement apply to a lawsuit against a stranger to the title, or just a cotenant?
Section 843.12 applies specifically when the action is brought by a tenant in common or joint tenant against a cotenant; it does not by its terms extend this heightened proof requirement to actions against non-cotenants.
Is it enough to show the cotenant is using more than their fair share of the property?
The statute requires proof of ouster or an act amounting to a total denial of the plaintiff’s cotenancy right, which is a higher bar than showing unequal use of shared property.
Who has the burden of proving ouster in this kind of case?
Section 843.12 places that burden on the plaintiff, who must prove the defendant ousted the plaintiff or otherwise totally denied the plaintiff’s right as cotenant.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 843.12; 1993 a. 486.
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 cotenant ouster lawsuitjoint tenant possession dispute wisconsinsuing a co-owner for possession wisconsin843.12 ouster proof