801.07.Jurisdiction in rem or quasi in rem, grounds for generally.
Ch. 801: Commencement of Action and Venue · Last amended 2005 · Last verified July 15, 2026
Full Text of Section 801.07
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.