If any defendant appear and answer that any portion of the mortgaged premises is an exempt homestead the court shall ascertain whether such be the fact, and if so whether the part of the mortgaged premises not included in the exempt homestead can be sold separately therefrom without injury to the interests of the parties, and in that case shall direct in the judgment that the exempt homestead shall not be sold until all the other mortgaged lands have been sold.
846.11.Homestead, how sold.
Ch. 846: Real Estate Foreclosure · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 846.11 requires a Wisconsin court to determine whether part of the mortgaged premises is an exempt homestead, and if the rest can be sold separately without harm, to order that the homestead not be sold until all the other mortgaged land has been sold first.
Full Text of Section 846.11
Plain-English Summary
Section 846.11 protects the homestead-exempt portion of mortgaged land from being sold before it has to be. If a defendant appears and answers that part of the mortgaged premises is an exempt homestead, the court has to determine whether that claim is true.
If it is true, and if the non-homestead portion of the mortgaged land can be sold separately without hurting the parties’ interests, the judgment must direct that the exempt homestead is not sold until all of the other mortgaged land has been sold first.
Frequently Asked Questions
How do I raise a homestead exemption claim in a Wisconsin mortgage foreclosure?
By appearing and answering that part of the mortgaged premises is an exempt homestead, which the court then has to ascertain.
Does raising a homestead claim stop the foreclosure sale entirely?
No, it changes the order in which the property is sold rather than blocking the sale altogether.
Which part of the property gets sold first if part of it is a homestead?
The non-homestead mortgaged land, if it can be sold separately from the homestead without injury to the parties’ interests.
When does the exempt homestead itself get sold?
Only after all of the other mortgaged land has been sold.
What if the homestead and non-homestead portions cannot be separated without hurting the parties?
The court has to ascertain separability as part of its inquiry, so the protective sale order applies specifically where separate sale is workable.
Amendment History
History: 1973 c. 189 s. 7; Stats. 1973 s. 816.11; Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); Stats. 1975 s. 846.11.
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 homestead exemption foreclosureorder of sale homestead property wisconsin846.11 wisconsin statuteprotecting homestead in mortgage foreclosure wisconsin