815.205.Certain property of spouse exempt from execution.

Ch. 815: Executions · Last amended 1991 · Last verified July 15, 2026

In one sentenceSection 815.205 protects a nondebtor spouse’s property from execution on a judgment lien that attaches to it only through marital-property rules, when the property was not available to satisfy the underlying obligation, and gives that spouse a notice-and-stay procedure to halt a sale while a court decides the exemption question.

Full Text of Section 815.205

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(1) Property described in s. 806.15 (4) (intro.) is exempt from execution on a judgment lien that attaches to that property under s. 806.15 (4) (b) if the property is not available under s. 766.55 to satisfy the obligation for which the judgment was rendered.

(2) (a) If execution is issued in connection with the enforcement of a judgment lien on property that is exempt under sub. (1) from execution on the judgment lien, a person with an ownership interest in the property other than the judgment debtor may, at any time before the sale of the property, notify the officer making the levy that the property is exempt from execution. The person making the notification of the exemption shall provide the officer with a description of the property. (b) If notification is made under par. (a), sale of the property is stayed if, within 5 days after the notification, demand on the owner of the judgment is made by a person with an ownership interest in the property other than the judgment debtor for a recordable release of the property from the judgment. If within 5 days after the demand the owner of the judgment fails to execute the recordable release, the stay on the sale of the property continues if a person with an ownership interest in the property other than the judgment debtor commences an action under s. 806.04 for declaratory relief within 15 days after the demand was made. The stay on the sale of the property continues until the court determines whether the property is exempt under sub. (1). If no action under s. 806.04 is commenced within the required period, the stay lapses on the expiration of the required period. (c) If the sale of property is stayed under this subsection, no additional stay on the sale of that property is available under this subsection, regardless of whether the additional stay is sought by the person who initially gave notice under par. (a) or by any other person with an ownership interest in the property.

Official Notes

NOTE: 1991 Wis. Act 301 contains extensive legislative council notes.

Plain-English Summary

Section 815.205(1) exempts property described in section 806.15(4)(intro.) from execution on a judgment lien that attaches under section 806.15(4)(b), when that property is not available under section 766.55 to satisfy the obligation for which the judgment was rendered. In effect, marital-property attachment rules can reach property beyond what the debtor spouse could have used to pay the debt in question, and this section keeps that broader reach from being enforced through execution.

Subsection (2) supplies the procedure for invoking that protection. A person with an ownership interest in the property other than the judgment debtor may, any time before the sale, notify the officer making the levy that the property is exempt, giving a description of it. If that notification is followed, within 5 days, by a demand on the judgment owner for a recordable release of the property, the sale is stayed. Should the judgment owner fail to execute that release within 5 days of the demand, the stay continues only if a person with an ownership interest other than the debtor commences a declaratory relief action under section 806.04 within 15 days after the demand. The stay then lasts until the court decides whether the property is exempt; if no such action is timely commenced, the stay lapses. And once a stay has been obtained for a given property, no additional stay is available for it, regardless of who seeks it.

Frequently Asked Questions

Whose property does this section protect?

Property of a spouse other than the judgment debtor, described in section 806.15(4)(intro.), when a judgment lien has attached to it under section 806.15(4)(b) but the property was not available under section 766.55 to satisfy the underlying obligation.

How does a nondebtor spouse stop a sale of property they believe is exempt?

By notifying the officer making the levy, before the sale, that the property is exempt, and providing a description of the property.

What has to happen within 5 days after that notification to keep the sale stayed?

A demand must be made on the owner of the judgment for a recordable release of the property from the judgment.

If the judgment owner refuses to release the property, how does the stay continue?

A person with an ownership interest other than the judgment debtor must commence a declaratory relief action under section 806.04 within 15 days after the demand; the stay then continues until the court determines whether the property is exempt.

Can the same property get more than one stay under this section?

No. Once a stay on the sale has been obtained, no additional stay is available for that property, no matter who seeks it.

Amendment History

History: 1991 a. 301.

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

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