(1) Redemption from execution sale of real estate may be made by a person whose right and title was sold or, if the person is dead, by the person’s devisee of the premises sold, and if the same shall not have been devised, by the deceased’s heirs; or, by any grantee of such person who shall have acquired an absolute title to the premises sold, or to any lot, parcel or portion separately sold.
815.40.Execution sale; who may redeem.
Ch. 815: Executions · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 815.40 identifies who can redeem real estate sold on execution -- the original owner or, if deceased, the devisee or heirs, plus any grantee who later acquired absolute title -- and lets a partial owner or joint tenant redeem just their own share proportionally while enforcing contribution from co-owners.
Full Text of Section 815.40
(2) Any such heir or devisee or grantee who shall have acquired an absolute title to a portion of the estate sold or a portion of any lot, tract or parcel that shall have been separately sold may redeem the portion on the same terms and in the same manner as if the heir, devisee or grantee were grantee of the whole lot or parcel, and shall have the same remedy to enforce contributions from those who shall own the residue thereof as if the sum required to be paid by the heir, devisee or grantee to effect such redemption had been collected by a sale of the portion belonging to such grantee, heir or devisee.
(3) If there be joint tenants or tenants in common in premises sold each tenant may redeem the share or interest belonging to that tenant by paying to the purchaser or officer, a sum that will bear the same proportion to the whole sum bid therefor as the redeemed share bears to the whole number of shares in such premises together with the interest.
Plain-English Summary
Section 815.40(1) names the people entitled to redeem real estate from an execution sale: the person whose right and title was sold or, if that person has died, the devisee of the premises sold, or, if there was no devise, the deceased’s heirs; and any grantee of that person who acquired absolute title to the premises sold, or to a lot, parcel, or portion of them separately sold.
Subsection (2) lets someone who owns only part of the sold property redeem that part alone. An heir, devisee, or grantee who acquired absolute title to a portion of the estate sold, or a portion of a separately sold lot, tract, or parcel, may redeem that portion on the same terms and in the same manner as if that person were grantee of the whole. That partial redeemer also gets the same remedy to enforce contribution from whoever owns the rest of the property, as though the sum needed for redemption had been collected by selling that redeemer’s own portion.
Subsection (3) covers joint tenants and tenants in common in the premises sold: each tenant may redeem the share or interest belonging to that tenant by paying the purchaser or officer a sum bearing the same proportion to the whole sum bid as the redeemed share bears to the whole number of shares, together with interest.
Frequently Asked Questions
Who is entitled to redeem real estate after an execution sale?
The person whose right and title was sold or, if that person has died, the devisee or, if none, the heirs, along with any grantee who acquired absolute title to the premises or to a separately sold portion of them.
Can someone who owns only part of the sold property redeem just their share?
Yes. An heir, devisee, or grantee who acquired absolute title to a portion may redeem that portion on the same terms and in the same manner as if they were grantee of the whole.
If I redeem only my portion, can I make the other owners pay their share back?
Yes. Section 815.40(2) gives the redeeming owner the same remedy to enforce contribution from those who own the rest, as if the redemption sum had been collected by selling that owner’s own portion.
How much does a joint tenant or tenant in common pay to redeem their share?
A sum bearing the same proportion to the whole bid as the redeemed share bears to the whole number of shares, together with interest.
Does a grantee who bought the property after the execution sale have redemption rights?
Yes, if that grantee acquired absolute title to the premises sold, or to a separately sold lot, tract, or portion.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 815.40; 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 who can redeem property execution saleheir devisee grantee redemption rights wisconsinwis stat 815.40joint tenant redeem share execution sale wisconsinpartial owner redemption contribution wisconsin