847.05 Actions between cotenants. 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.
History: Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); 1993 a. 486; 2001 a. 102.
Rental payments may be due when the conduct of one cotenant results in the ouster of the other. Heyse v. Heyse, 47 Wis. 2d 27, 176 N.W.2d 316 (1970).