In this chapter:
811.001.Definitions.
Ch. 811: Attachment · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 811.001 defines “defendant” and “property of his or her debtor” or “property of the defendant” in the attachment chapter to include a debtor’s or defendant’s spouse or former spouse and their marital property interest when the action involves an obligation described in section 766.55 (2).
Full Text of Section 811.001
(1) “Defendant” includes the spouse or former spouse of the defendant if the action against the defendant is in connection with an obligation described under s. 766.55 (2).
(2) “Property of his or her debtor” and “property of the defendant” include the marital property interest of the spouse or former spouse of the debtor or defendant if the action against the debtor or defendant is in connection with an obligation described under s. 766.55 (2).
Plain-English Summary
Attachment normally targets the property of the person who owes the debt. Section 811.001 broadens two key terms so that attachment can reach marital property when the underlying debt is a marital obligation. Subsection (1) defines “defendant,” for purposes of the chapter, to include the spouse or former spouse of the defendant, but only if the action against the defendant concerns an obligation described in section 766.55 (2).
Subsection (2) does the same for the property side of the equation. “Property of his or her debtor” and “property of the defendant” include the marital property interest of the spouse or former spouse of the debtor or defendant, again only when the action is connected to an obligation under section 766.55 (2).
The practical effect is that a creditor pursuing a marital obligation of that kind is not blocked from reaching marital property just because the debt was incurred by only one spouse, or because the couple has since divorced. Every other section in chapter 811 that uses the words defendant or property of the defendant reads with these definitions built in.
Frequently Asked Questions
Does chapter 811 ever reach a spouse’s property for a debt the other spouse incurred?
Yes, but only for an obligation described in section 766.55 (2) — in that circumstance, section 811.001 includes the spouse’s or former spouse’s marital property interest within property of the defendant.
Can a former spouse be treated as a defendant under the attachment chapter?
Yes, if the action against the debtor or defendant concerns an obligation described in section 766.55 (2); section 811.001 (1) extends the term defendant to include the spouse or former spouse in that situation.
Does this definition apply to every attachment action, or only certain debts?
Only actions in connection with an obligation described in section 766.55 (2); the expanded definitions do not apply generally to every attachment.
What is being defined by these expanded terms — the person or the property?
Both. Subsection (1) expands who counts as defendant, and subsection (2) expands what counts as property of his or her debtor or property of the defendant to include a marital property interest.
Why does chapter 811 need special definitions instead of using the ordinary meaning of defendant?
Because marital property can belong jointly to spouses, an ordinary reading of defendant might not reach a spouse’s interest for a marital obligation; section 811.001 closes that gap by definition rather than leaving it to interpretation elsewhere in the chapter.
Amendment History
History: 1985 a. 37; 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 marital property attachmentspouse liability attachment wisconsin811.001 definitions wisconsinformer spouse property attachment wisconsin