One joint tenant or tenant in common, or his or her personal representative, may maintain an action for money had and received against a cotenant for receiving more than the cotenant’s just proportion of the rents or profits of the estate owned by them as joint tenants or tenants in common.
847.05.Actions between cotenants.
Ch. 847: Miscellaneous Real Estate Actions · Last amended 2001 · Last verified July 15, 2026
In one sentenceSection 847.05 lets a joint tenant or tenant in common, or that person’s personal representative, sue a cotenant who has received more than their fair proportion of the rents or profits from jointly owned property.
Full Text of Section 847.05
Plain-English Summary
Section 847.05 addresses a specific kind of unfairness between co-owners: one cotenant collecting more than their fair share of income from property everyone owns together. A joint tenant or tenant in common, or their personal representative, can bring an action for money had and received against a cotenant who has received more than that cotenant’s just proportion of the rents or profits of the jointly owned estate.
The claim is about money, not title or possession. It targets the excess a cotenant collected beyond their fair share, giving the other owner, or their estate, a direct way to recover that overage rather than folding it into a broader dispute over the property itself.
Frequently Asked Questions
Can I sue my co-owner for taking more than their share of rental income from property we both own?
Yes, Section 847.05 allows an action for money had and received against a cotenant who received more than their just proportion of the rents or profits.
Who exactly can bring this kind of action?
A joint tenant or tenant in common, or that person’s personal representative.
Does this section cover disputes over the property itself, or just money?
Just money, it addresses recovering an excess share of rents or profits, not a dispute over title or possession.
Can my late relative’s estate pursue this claim against a cotenant?
Yes, the personal representative of a joint tenant or tenant in common may maintain the action.
What kind of ownership does this section apply to?
Joint tenancy or tenancy in common, where more than one person owns the estate together.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); 1993 a. 486; 2001 a. 102.
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 rent accounting lawsuit847.05 wisconsin statutejoint tenant excess rent claim wisconsintenant in common sue for rents wisconsin