A court of this state having jurisdiction of the subject matter may exercise jurisdiction in rem or quasi in rem on the grounds stated in this section. A judgment in rem or quasi in rem may affect the interests of a defendant in the status, property or thing acted upon only if a summons has been served upon the defendant pursuant to s. 801.12. Jurisdiction in rem or quasi in rem may be invoked in any of the following cases:
801.07.Jurisdiction in rem or quasi in rem, grounds for generally.
Ch. 801: Commencement of Action and Venue · Last amended 2013 · Last verified July 15, 2026
In one sentenceSection 801.07 lists the grounds for a Wisconsin court to exercise in rem or quasi in rem jurisdiction — over local property, foreclosures, attached or garnisheed assets, public nuisances, and marital status — with a judgment reaching only defendants who were properly served.
Full Text of Section 801.07
(1) When the subject of the action is real or personal property in this state and the defendant has or claims a lien or interest, actual or contingent, therein, or the relief demanded consists wholly or partially in excluding the defendant from any interest or lien therein. This subsection shall apply when any such defendant is unknown.
(2) When the action is to foreclose, redeem from or satisfy a mortgage, claim or lien upon real estate within this state.
(3) When the defendant has property within this state which has been attached or has a debtor within the state who has been garnisheed. Jurisdiction under this subsection may be independent of or supplementary to jurisdiction acquired under subs. (1) and (2).
(4) When the action is to declare property within this state a public nuisance.
(5) When the action is an action affecting the family under s. 767.001 (1) (a) to (d) and when the residence requirements of s. 767.301 have been met, a court having subject matter jurisdiction may exercise jurisdiction quasi in rem to determine questions of status if the respondent has been served under s. 801.11 (1). Notwithstanding s. 801.11 (intro.), the court need not have grounds for personal jurisdiction under s. 801.05 in order to make a determination of the status of a marriage under this subsection.
Plain-English Summary
Section 801.07 governs jurisdiction that attaches to property, a status, or a thing situated in Wisconsin, rather than to a person directly. It opens with a limit that applies across the whole section: a judgment in rem or quasi in rem can only affect a defendant’s interest in the property or status at issue if that defendant was served with a summons in the manner the notice-of-object-of-action rules require.
The section then lists the specific grounds for invoking this kind of jurisdiction. It covers actions where the subject of the case is real or personal property in Wisconsin and the defendant has or claims a lien or interest in it, or where the relief sought would exclude the defendant from that interest — a category that applies even when the defendant is unknown. It covers foreclosure, redemption, or satisfaction of a mortgage, claim, or lien on Wisconsin real estate; cases where the defendant’s property in the state has been attached or a debtor of the defendant has been garnisheed; and actions to declare property within Wisconsin a public nuisance.
The final ground addresses marital status. In a family action meeting Wisconsin’s residency requirements, a court can exercise quasi in rem jurisdiction to determine questions of status — such as whether a marriage should be dissolved — once the respondent has been properly served, without needing the personal jurisdiction grounds that other kinds of judgments would require. That carve-out reflects that a status determination affects the marriage itself, not necessarily a personal money judgment against the respondent.
Frequently Asked Questions
What is in rem or quasi in rem jurisdiction in Wisconsin?
It is jurisdiction that attaches to a status, property, or thing located in Wisconsin rather than to a person directly. Section 801.07 lists the specific grounds for exercising it, and it applies only if the defendant was properly served under the notice-of-object-of-action procedure.
Can a Wisconsin court exercise this kind of jurisdiction over property even if the owner is unknown?
Yes, in one situation. Section 801.07 says the ground covering real or personal property in Wisconsin in which the defendant has or claims a lien or interest applies even when the defendant is unknown.
Does foreclosing on Wisconsin real estate require personal jurisdiction over the defendant?
No, not under this section. Section 801.07 lists foreclosure, redemption, or satisfaction of a mortgage, claim, or lien on real estate within Wisconsin as one of the grounds for in rem or quasi in rem jurisdiction, which is a separate track from personal jurisdiction.
Can a Wisconsin court decide the status of a marriage without personal jurisdiction over one spouse?
Yes, if the residency requirements are met and the respondent has been served. Section 801.07 allows a court to exercise quasi in rem jurisdiction to determine questions of status in a qualifying family action without the personal jurisdiction grounds that a different kind of judgment would need.
What happens if a defendant’s property in Wisconsin has been attached or their debtor garnisheed?
Section 801.07 treats that as a jurisdictional ground on its own, and it can be independent of or supplement jurisdiction based on the defendant’s interest in local property or a Wisconsin foreclosure action.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 597 (1975), 758; 1977 c. 418; 1979 c. 32 s. 92 (4); 1979 c. 352 s. 39; 1993 a. 213; 2001 a. 42; 2005 a. 443, s. 265. This section requires that in rem actions under s. 161.555 [now s. 961.555] must be commenced against a person having an interest in property seized under s. 161.55 [now s. 961.55]. State v. One 1973 Cadillac, 95 Wis. 2d 641, 291 N.W.2d 626 (Ct. App. 1980). For quasi in rem jurisdiction under sub. (5), minimum contacts between the defendant and the state are necessary. Mendez v. Hernandez-Mendez, 213 Wis. 2d 217, 570 N.W.2d 563 (Ct. App. 1997), 96-1731. Sub. (3) applies when a settlement offer is made at least 20 days before trial. When a dispute is resolved by arbitration, there is no trial and sub. (3) does not apply. Lane v. Williams, 2000 WI App 263, 240 Wis. 2d 255, 621 N.W.2d 922, 000852. It is apparent that the legislature intended to empower the courts with the authority to determine the status of a marriage even if personal jurisdiction over one of the parties is lacking. In adding the final sentence of sub. (5), the legislature chose not to remove the requirement of personal jurisdiction for determinations involving other property or status subject to jurisdiction under this section. Had the legislature intended to remove the requirement of personal jurisdiction for divorce decisions involving property, it could have written the amendment more expansively. Montalvo v. U.S. Title & Closing Services, LLC, 2013 WI App 8, 345 Wis. 2d 653, 827 N.W.2d 635, 12-0102. Discussing the minimum contacts standard for quasi in rem jurisdiction. Shaffer v. Heitner, 433 U.S. 186, 97 S. Ct. 2569, 53 L. Ed. 2d 683 (1977). Posting a notice of eviction on an apartment door did not satisfy minimum requirements of due process. Greene v. Lindsey, 456 U.S. 444, 102 S. Ct. 1874, 72 L. Ed. 2d 249 (1982).
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: in rem jurisdiction wisconsinquasi in rem jurisdiction wisconsinattachment garnishment jurisdiction wisconsinwisconsin foreclosure jurisdictionmarital status jurisdiction wisconsin