Wisconsin Community Property Laws | Debt Collection & Judgment Enforcement
๐Ÿง€ Wisconsin ยท Marital Property State

Wisconsin Community Property Laws for Debt Collectors & Judgment Creditors

Wisconsin is the only Midwestern community property state โ€” operating under the Wisconsin Marital Property Act rather than traditional community property law. Understanding how “marital property” differs from community property is essential for creditors pursuing married debtors in the Badger State.

โš–๏ธ Marital Property State (WMPA) ๐Ÿ’ฐ Wage Garnishment Available ๐Ÿ  $75,000 Homestead Exemption ๐Ÿ“… 10-Year Judgment Liens ๐Ÿ” Skip Tracing All 72 Counties
๐Ÿ” Skip Trace Wisconsin Debtor โ€” Results in 24 Hours

Licensed investigators serving all 72 Wisconsin counties since 2004

โš–๏ธ
Governing StatuteWisconsin Marital Property Act โ€” Wis. Stat. Ch. 766
๐Ÿ’ฐ
Max Wage Garnishment20% of disposable income (stricter than federal)
๐Ÿ“…
Judgment Lien Duration10 years (renewable)
๐Ÿ 
Homestead Exemption$75,000 equity

๐Ÿง€ Wisconsin Marital Property: The Creditor’s Overview

Wisconsin is the ninth and final community property state โ€” but with a critical distinction. Wisconsin does not operate under traditional community property law. Instead, Wisconsin enacted the Wisconsin Marital Property Act (WMPA) in 1986, modeled on the Uniform Marital Property Act. While functionally similar to community property in many respects โ€” equal spousal ownership of assets acquired during marriage, shared liability for marital debts โ€” Wisconsin’s system has important procedural and substantive differences that creditors must understand.

Wisconsin also has the strictest wage garnishment cap of any of the nine community property states: a maximum of 20% of disposable income rather than the federal 25% ceiling. Combined with a $75,000 homestead exemption and the unique features of the WMPA, Wisconsin requires creditors to pay careful attention to the specific rules governing marital property liability.

20%
Max Wage Garnishment โ€” Stricter Than Federal
$75K
Homestead Exemption
10 yrs
Judgment Lien Duration
72
Wisconsin Counties
โญ Wisconsin Is the Only Midwestern Community Property State All other community property states are in the West or South (with Louisiana as the exception). Wisconsin adopted the Uniform Marital Property Act in 1986, making it the only state in the Midwest where marital assets and debts are treated under a community property-style framework. Creditors used to common law states may find Wisconsin’s rules unfamiliar โ€” this guide provides a complete breakdown.

This guide is written for attorneys, debt collectors, property managers, small business owners, and professional skip tracers pursuing judgment enforcement across all 72 Wisconsin counties โ€” from the Milwaukee and Madison metros to the dairy farming communities of the Driftless Area and the northwoods lake country.

๐Ÿ“œ The Wisconsin Marital Property Act: How It Differs

The Wisconsin Marital Property Act, codified at Wis. Stat. Chapter 766, became effective on January 1, 1986 โ€” making Wisconsin the most recent state to adopt a community property-style system. Because the WMPA was modeled on the Uniform Marital Property Act rather than the traditional Spanish civil law that underlies most other community property states, it has distinctive features.

๐Ÿง€ WMPA vs. Traditional Community Property: Key Differences for Creditors

  • Wisconsin uses the term “marital property” rather than “community property” โ€” but the concept is substantially similar
  • The WMPA applies only to couples married after January 1, 1986, and to property acquired after that date by couples married before 1986
  • Wisconsin has a Marital Property Agreement (MPA) system allowing spouses to opt out of default rules โ€” similar to prenuptial agreements but with specific Wisconsin recording requirements
  • Wisconsin recognizes the concept of “deferred marital property” โ€” property that is treated as individual property during marriage but can be reclassified at death or divorce
  • The WMPA created specific consumer credit notification rules: creditors may need to notify both spouses in certain circumstances to enforce against marital property
  • Wisconsin’s spousal liability rules under the WMPA differ meaningfully from traditional community property states โ€” see the Spousal Liability section below
  • Wisconsin’s statute of limitations for contract debts is 6 years โ€” the same as most other community property states
๐Ÿ“– Wis. Stat. ยง 766.55 โ€” The Obligation of Spouses Wisconsin’s WMPA contains a specific statute โ€” ยง 766.55 โ€” that governs when marital property is available to satisfy a spouse’s obligations. This is the primary liability rule for creditors and differs in important ways from the community property liability rules in states like California, Texas, and Washington. Read this section carefully before levying marital property for one spouse’s debt.

The practical takeaway for creditors: Wisconsin functions like a community property state in that both spouses’ marital assets are potentially reachable for marital debts โ€” but the specific conditions and procedures differ from traditional community property states, and Wisconsin courts apply the WMPA with its own body of case law distinct from California or Texas community property jurisprudence.

โš–๏ธ What Counts as Marital Property in Wisconsin?

Under Wis. Stat. ยง 766.31, all property of spouses is presumed to be marital property unless it qualifies as individual property under ยง 766.31(2). The marital property presumption is broadly applied โ€” when a creditor cannot determine whether property is individual or marital, the presumption favors marital classification.

๐Ÿ  Marital Property: What’s Included

  • ๐Ÿ’ตWages, salaries, and all earned income of either spouse during the marriage (after January 1, 1986)
  • ๐Ÿ Real property acquired during marriage with marital funds
  • ๐Ÿš—Vehicles purchased with marital income during the marriage
  • ๐Ÿ“ˆInvestment and brokerage accounts funded with marital earnings
  • ๐ŸฆBank accounts containing marital income
  • ๐ŸขBusiness interests funded with marital labor or capital
  • ๐Ÿ’ฐRetirement benefits accrued during the marriage
  • ๐Ÿ„Dairy farm income, livestock, and farm equipment acquired with marital funds
  • ๐ŸŒฝCrop proceeds and agricultural income earned during marriage

๐Ÿ“… The 1986 Effective Date: A Critical Wisconsin Distinction

Because the WMPA became effective January 1, 1986, property acquired by couples married before 1986 must be analyzed carefully. Property owned by a pre-1986 married couple before the WMPA’s effective date may be classified under pre-WMPA Wisconsin law โ€” not as marital property. Property acquired after January 1, 1986, even by couples married before that date, is generally subject to the WMPA. This date-based analysis can affect older estates and inherited businesses common in Wisconsin’s multi-generational dairy farming families.

๐Ÿ“– Wis. Stat. ยง 766.31 โ€” The Marital Property Presumption All property of spouses is marital property unless it qualifies as individual property. For creditors, this presumption is the starting point: assume marital character and require the debtor or spouse to prove individual property status. The burden of proving individual property falls on the party claiming it.

๐Ÿ‘ฉโ€โš–๏ธ Spousal Liability for Debts in Wisconsin

Wisconsin’s spousal liability rules under Wis. Stat. ยง 766.55 are more nuanced than those in traditional community property states. The WMPA distinguishes between obligations incurred before and after the marriage’s effective date, and between different categories of marital property that are available to satisfy different categories of obligations.

๐Ÿ”ด When Marital Property Is Liable

  • ๐Ÿ’ณAn obligation incurred by a spouse in the interest of the marriage or the family makes the entire marital estate liable โ€” both spouses’ marital property
  • ๐ŸฅMedical expenses for either spouse or a dependent child are marital obligations โ€” all marital property is liable
  • ๐Ÿ Necessities of life contracted by either spouse benefit the family and obligate marital property
  • ๐Ÿ’ผBusiness obligations incurred using marital property or for a marital business may obligate the full marital estate
  • ๐Ÿ“ƒContracts entered for the benefit of both spouses create marital obligations
Obligation TypeMarital Property Liable?Individual Property Liable?
Pre-marital (pre-1986) debtDebtor’s interest onlyYes โ€” debtor’s individual only
Marital obligation (family benefit)Yes โ€” full marital estateYes โ€” debtor’s individual property
Non-marital individual obligationNo โ€” marital property protectedYes โ€” obligor’s individual only
Post-divorce obligationNo โ€” marriage endedYes โ€” obligor’s property only
โš ๏ธ Wisconsin ยง 766.55: Read It Before Levying Marital Property Wisconsin’s liability statute is more complex than the basic community property liability rules in other states. Section 766.55 creates different categories of available property for different types of obligations. Before levying assets in the non-debtor spouse’s name in Wisconsin, confirm that your specific obligation qualifies as a “marital obligation” under the WMPA framework โ€” or get a Wisconsin attorney’s review. Improperly levying individual property can expose you to liability.

๐Ÿ”’ Individual Property: What Creditors Cannot Touch

Under Wis. Stat. ยง 766.31(2), individual property is the Wisconsin equivalent of separate property in traditional community property states. Individual property is shielded from the other spouse’s obligations and from the debtor’s own obligations when the debt is a non-marital individual obligation.

๐ŸŽ
Gifts & InheritancesProperty received as a gift or inheritance during the marriage is individual property of the receiving spouse โ€” even if received years into the marriage from outside the family.
๐Ÿ“…
Pre-Marital / Pre-1986 PropertyProperty owned before marriage (or before January 1, 1986 for longer-married couples) and not commingled with marital property remains individual property.
๐Ÿ’ธ
Personal Injury CompensationCompensation for pain, suffering, disfigurement, and other personal losses from personal injury claims is individual property of the injured spouse under the WMPA.
๐Ÿ“
Marital Property AgreementsValid MPAs can reclassify marital property as individual property โ€” or vice versa. Wisconsin requires MPAs to be in writing and signed by both spouses. Check for recorded agreements before levying.
โš ๏ธ Wisconsin Marital Property Agreements: Check Before Levying Unlike prenuptial agreements in most states (which are not publicly recorded), Wisconsin Marital Property Agreements can be recorded with the Register of Deeds and may be noted in real property records. Before levying assets you believe are marital property, confirm there is no recorded MPA reclassifying them as individual property. This is a Wisconsin-specific due diligence step that creditors from other states often overlook.

๐Ÿ’ผ Wage Garnishment in Wisconsin

Wisconsin allows wage garnishment for consumer debt judgments but imposes a 20% cap โ€” stricter than the federal CCPA’s 25% maximum. Wisconsin’s garnishment statute (Wis. Stat. ยง 812) provides a complete procedural framework, and Wisconsin courts consistently enforce the 20% limit. This lower cap means Wisconsin creditors collect 20% less through garnishment than they would in a state like Washington or New Mexico โ€” but it remains a viable collection tool.

๐Ÿ’ฐ Wisconsin Wage Garnishment: Key Rules

  • Maximum: 20% of disposable earnings per pay period โ€” stricter than the federal 25% CCPA ceiling
  • Alternative: Amount exceeding 30 times the federal minimum wage per week ($7.25 ร— 30 = $217.50) โ€” whichever is less
  • Disposable earnings below $217.50/week are fully exempt
  • Child support and alimony: up to 50โ€“65% of disposable income under federal law
  • Student loans (federal): administrative garnishment available separately
  • Wisconsin garnishment is NOT continuous โ€” a new writ must be obtained for each pay period (every 13 weeks with one judgment)
  • Employer must answer the garnishment writ within 8 days of service
  • Only ONE garnishment can be in effect at a time in Wisconsin โ€” if another creditor has a prior garnishment, you must wait your turn
โš ๏ธ Wisconsin Garnishment Is NOT Continuous Unlike Washington, California, and most other states where a wage garnishment writ is continuous (attaching to each paycheck until satisfied), Wisconsin garnishments are NOT continuous. A single garnishment summons covers only one pay period. For ongoing collection, you must re-serve the garnishment every 13 weeks. This significantly increases the administrative burden and cost of wage garnishment in Wisconsin compared to other states.

๐Ÿ“Š Wisconsin Wage Garnishment Calculation Examples

Weekly Disposable EarningsWI Protected FloorMax Garnishment (20%)
$217.50 or less100% exempt$0
$400/week$320 (80%)$80 (20%)
$800/week$640 (80%)$160 (20%)
$1,500/week$1,200 (80%)$300 (20%)
$3,000/week$2,400 (80%)$600 (20%)

Find current employers for Wisconsin debtors in 24 hours or less using our employer location service. See the complete Wisconsin Wage Garnishment Laws guide for forms and procedures.

โšก Need to Find a Wisconsin Debtor’s Current Employer?

Wisconsin’s 20% garnishment cap and non-continuous writ requirement mean employer identification is critical โ€” you want to make every garnishment count. We locate current employers across all 72 Wisconsin counties in 24 hours or less.

๐Ÿ” Locate Wisconsin Employer Now

๐Ÿ  Judgment Liens on Wisconsin Real Property

Recording a judgment lien on Wisconsin real property is an important enforcement tool โ€” especially because the state’s $75,000 homestead exemption is lower than most western community property states, and Wisconsin’s real estate values (particularly in the Milwaukee and Madison suburbs) frequently produce equity above the exemption threshold.

๐Ÿ“‹ How to Record a Judgment Lien in Wisconsin

  1. ๐Ÿ›๏ธ Obtain your certified money judgmentGet a certified transcript of judgment from the circuit court clerk. For out-of-state judgments, domesticate in Wisconsin circuit court under the Uniform Enforcement of Foreign Judgments Act (Wis. Stat. ยง 806.24).
  2. ๐Ÿ“‹ File with the Register of DeedsWisconsin judgment liens are filed with the Register of Deeds in each county where the debtor owns real property. File a certified transcript of judgment โ€” the lien attaches to all real property in that county upon filing and indexing.
  3. ๐Ÿ” Search all 72 counties strategicallyWisconsin’s 72 counties include dense urban areas (Milwaukee, Dane) and vast rural regions. Farm families may own agricultural land spanning multiple counties. Our statewide search covers all 72 counties including the Driftless Area and Northern Wisconsin lake country.
  4. ๐Ÿ  Identify equity above the $75,000 homestead exemptionWisconsin’s $75,000 exemption is lower than most community property states. In the Milwaukee and Madison suburbs, many properties carry equity well above this threshold, making forced sale a realistic option with sufficient equity.
  5. ๐Ÿ”„ Renew before the 10-year expirationWisconsin judgment liens expire after 10 years. File renewal with the Register of Deeds before expiration. Calendar this carefully โ€” a lapsed lien loses its priority position against subsequent purchasers and lienholders.
๐Ÿ’ก Wisconsin: Register of Deeds, Not County Clerk Wisconsin judgment liens are filed with the Register of Deeds โ€” not the County Clerk, County Recorder, or County Auditor. This varies by state and is another common out-of-state creditor mistake. Always confirm the correct filing office in each of the 72 counties before recording.

See our guides on placing judgment liens on property and the national judgment lien guide by state.

๐Ÿ›ก๏ธ Wisconsin Property Exemptions: What You Cannot Take

Wisconsin’s exemptions are moderate โ€” less generous than Nevada or Texas, but more protective than New Mexico or Louisiana. The key limits are straightforward, and the relatively low homestead exemption creates meaningful equity exposure in Wisconsin’s growing real estate markets.

Exemption TypeProtected AmountKey Notes
๐Ÿ  Homestead$75,000 equityWis. Stat. ยง 815.20; primary residence only
๐Ÿ’ผ Wages80% of disposableOr $217.50/week federal floor โ€” WI uses 20% cap
๐Ÿš— Motor vehicle$4,000One vehicle per debtor
๐Ÿ›‹๏ธ Household goods & furnishings$5,000Reasonable household items
๐Ÿ‘— Clothing$1,500Reasonable wearing apparel
๐Ÿ”ง Tools of trade / business$7,500Equipment for debtor’s occupation
๐Ÿ“š Books & family pictures$500Personal library and family photos
๐Ÿ’ฐ Federal benefitsUnlimitedSocial Security, SSI, VA โ€” federal protection
๐Ÿ‘ด ERISA retirement accountsUnlimitedIRAs, 401(k)s, qualified plans
๐Ÿ’Š Life insurance cash value$150/month proceedsLimited โ€” less protective than most states
๐Ÿ„ Farm equipment & livestockVaries โ€” up to $13,000Wis. Stat. ยง 815.18 farm exemptions
โœ… Wisconsin’s Moderate Exemptions Favor Creditors Wisconsin’s $75,000 homestead exemption, $4,000 vehicle exemption, and relatively limited personal property protections give creditors more reachable equity than in Nevada ($605,000 homestead) or Texas (unlimited homestead). In Wisconsin’s growing suburban real estate market, forced sale proceedings on homes with equity above $75,000 are regularly viable.

๐Ÿ„ Dairy, Agriculture & Farm Assets in Wisconsin

Wisconsin is the nation’s leading dairy state โ€” home to over 6,500 dairy farms, the most of any state โ€” and agriculture is the backbone of the state’s rural economy from the Driftless Area to the Fox Valley to the Northern Cutover. For debt collectors pursuing married debtors in rural Wisconsin, agricultural assets present both unique opportunities and unique complexities.

๐Ÿ„ Farm & Dairy Assets: What Creditors Should Know

  • Dairy cows, livestock, and farm animals purchased with marital funds during marriage are marital property and reachable for marital debts
  • Milk checks and crop proceeds deposited in farm operating accounts are marital income โ€” reachable via bank levy for marital obligations
  • Farm equipment (tractors, combines, milking equipment) purchased with marital funds is marital property
  • Agricultural land purchased during marriage with marital funds is marital real property subject to judgment liens
  • Multi-generational farm operations present tracing complexity โ€” pre-WMPA (pre-1986) farm equity is individual property, while post-1986 contributions may be marital
  • USDA farm program payments (direct payments, conservation payments) received during marriage are marital income
  • Farm Credit System loans are common in Wisconsin โ€” check for existing agricultural liens before levying farm equipment
  • Wisconsin has specific farm debtor protections in bankruptcy โ€” see our Chapter 12 farm bankruptcy guide for creditor strategies
โš ๏ธ Farm Exemptions Add Complexity Wisconsin’s farm exemptions under Wis. Stat. ยง 815.18 protect up to $13,000 in farm equipment and livestock as “tools of trade” for farming debtors. Equipment above this threshold is reachable. However, most operating farm equipment โ€” tractors, combines, harvesters โ€” carries existing liens from lenders like Farm Credit or equipment dealers. Always check UCC filings and existing security interests before targeting farm equipment for levy.

๐Ÿ” Skip Tracing Married Debtors in Wisconsin

Wisconsin’s 72 counties range from the dense urban cores of Milwaukee and Madison to some of the most rural and lightly populated communities in the Midwest โ€” the Northern Wisconsin lake country, the Driftless Area’s rolling bluffs, and the cranberry bogs of Wood and Jackson counties. Our investigators have served Wisconsin creditors since 2004 with statewide coverage that includes rural agricultural communities national databases often miss.

๐ŸŽฏ What We Locate for Wisconsin Creditors

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Current AddressVerified address across all 72 counties โ€” from Milwaukee and Madison suburbs to rural Iron, Florence, and Vilas counties in the northwoods.
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Current EmployerEmployer name and address for wage garnishment โ€” from Milwaukee manufacturers and Madison tech firms to agricultural co-ops, dairy processors, and timber operations.
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Real PropertyAll Wisconsin real property including agricultural land, homestead and investment properties โ€” County Register of Deeds records across all 72 counties.
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Farm & Agricultural AssetsDairy farm operations, livestock, and agricultural land โ€” including UCC filing checks for existing agricultural security interests that affect leviable equity.
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Registered VehiclesWisconsin DMV records for all vehicles titled to either spouse โ€” including farm trucks, ATVs, watercraft, and snowmobiles common in rural Wisconsin.
๐Ÿข
Business InterestsWisconsin Department of Financial Institutions entity filings, UCC searches, business licenses, and commercial real estate holdings statewide.

๐Ÿ” Our Wisconsin Skip Tracing Methodology

  • Multi-source database search across 40+ proprietary data providers
  • All 72 Wisconsin county Register of Deeds records and assessor data
  • Wisconsin Department of Financial Institutions entity and UCC searches
  • Wisconsin DMV vehicle registration searches (permissible purpose)
  • USDA farm program participant records for agricultural debtor identification
  • Social media OSINT and digital footprint analysis
  • Results delivered in 24 hours or less, guaranteed

We cover Milwaukee skip tracing, Madison skip tracing, and all 72 Wisconsin counties. Learn more in our Complete Guide to Skip Tracing.

๐Ÿ“‹ Step-by-Step: Collecting from a Married Wisconsin Debtor

Here is a practical enforcement roadmap for Wisconsin judgment creditors. Note the WMPA-specific requirements that distinguish Wisconsin from traditional community property states.

  1. ๐Ÿ” Confirm marital status and identify the spouseWisconsin’s marital property regime requires the debt to be a “marital obligation” to reach the full marital estate. Confirm whether the debtor is married and identify the spouse. Use our marital status investigation service.
  2. โš–๏ธ Analyze your debt under WMPA ยง 766.55Determine whether your obligation is a “marital obligation” under the WMPA. If it was incurred for the benefit of the marriage or family, all marital property is reachable. If it’s an individual obligation, only the debtor’s individual property and their interest in marital property are available. This analysis is Wisconsin-specific โ€” do not assume California or Texas rules apply.
  3. ๐Ÿ“‹ Check for recorded Marital Property AgreementsSearch the County Register of Deeds for any recorded Marital Property Agreement (MPA) that may reclassify marital property as individual property. This is a Wisconsin-specific due diligence step. An MPA can significantly affect which assets are reachable.
  4. ๐Ÿ  Run comprehensive asset search across all 72 countiesIdentify all real property, agricultural land, vehicles, bank accounts, and business interests linked to either spouse. Dairy farm operations and multi-generational agricultural assets require special attention โ€” run UCC lien searches alongside the real property search. Use our professional asset search service.
  5. ๐Ÿ“‹ Record judgment lien with Register of DeedsFile your certified transcript of judgment with the Register of Deeds in each county where either spouse owns real property. Wisconsin’s $75,000 homestead exemption is lower than most CP states โ€” equity above this threshold is reachable through forced sale in a growing market.
  6. ๐Ÿ’ผ File wage garnishment โ€” remember: NOT continuousLocate the employer and serve the garnishment summons. Remember Wisconsin’s 20% cap and that each garnishment covers only one pay period (re-serve every 13 weeks). Use our employer search and see our garnishment guide.
  7. ๐Ÿฆ Levy bank accountsTarget accounts containing marital income deposits โ€” payroll, business revenue, farm proceeds. Obtain a writ of execution through the circuit court and serve on known financial institutions. See our asset levy guide.
  8. ๐Ÿ“‹ Conduct debtor examinationCompel the debtor to disclose all assets โ€” marital and individual โ€” under oath. In rural Wisconsin cases, ask specifically about dairy operation ownership interests, USDA farm program payments, multi-generational land trusts, and agricultural equipment not encumbered by existing liens. See our debtor examination guide.

โ“ Frequently Asked Questions

โ“ Is Wisconsin really a community property state?
Functionally yes โ€” but technically Wisconsin is a “marital property” state under the Wisconsin Marital Property Act (WMPA), not a traditional community property state. The WMPA, effective January 1, 1986, operates similarly to community property: assets acquired during marriage are owned equally by both spouses, and marital obligations can be enforced against the full marital estate. However, the specific rules โ€” particularly around spousal liability under ยง 766.55 and the non-continuous garnishment requirement โ€” differ meaningfully from traditional community property states. Wisconsin courts apply their own WMPA case law, not California or Texas community property jurisprudence.
โ“ Why is Wisconsin’s wage garnishment cap 20% instead of the federal 25%?
Wisconsin chose to enact a stricter-than-federal wage garnishment limit when it revised its garnishment statutes. The state’s 20% cap under Wis. Stat. ยง 812 is more protective of debtors than the 25% federal CCPA ceiling. Wisconsin also imposes a non-continuous requirement โ€” each garnishment summons covers only one pay period. Combined, these rules make Wisconsin wage garnishment more administratively burdensome and financially less productive per garnishment action than most other states. Asset-based collection strategies (bank levy, judgment liens, property execution) often produce better results for significant judgments.
โ“ What is a Wisconsin Marital Property Agreement and how does it affect my collection?
A Marital Property Agreement (MPA) is a written contract between spouses that modifies the default WMPA property classification rules โ€” for example, designating one spouse’s future income as individual property rather than marital property. MPAs must be in writing and signed by both spouses. They can be recorded with the County Register of Deeds, which provides constructive notice to creditors. If a valid MPA reclassifies assets you planned to levy as individual property of the non-debtor spouse, you cannot reach those assets for the debtor’s marital obligation. Always run a Register of Deeds search for recorded MPAs before levying marital property.
โ“ Where do I file a judgment lien in Wisconsin?
With the County Register of Deeds โ€” not the County Clerk, County Recorder, or County Auditor. Wisconsin real property records are maintained by the Register of Deeds in each of the 72 counties. Filing with the wrong office in Wisconsin results in no lien attachment on real property. Confirm the correct filing office in each relevant county before recording your judgment.
โ“ Can I reach the non-debtor spouse’s marital property for a consumer debt?
Yes โ€” if your debt qualifies as a “marital obligation” under Wis. Stat. ยง 766.55, you can reach the full marital estate including property nominally in the non-debtor spouse’s name. The key question is whether the debt was incurred for the benefit of the marriage or family. Consumer debts incurred for household necessities, medical care, or joint living expenses typically qualify as marital obligations. Business debts are more nuanced. Consult Wisconsin counsel for obligations where the marital benefit is unclear, particularly for pre-1986 debts or obligations covered by a Marital Property Agreement.
โ“ The WMPA began in 1986 โ€” what about property owned before that date?
Property owned by spouses before January 1, 1986 โ€” or acquired before that date by couples married before 1986 โ€” is governed by pre-WMPA Wisconsin law and is classified as individual property unless the couple opted into the WMPA for that property. Property acquired after January 1, 1986 by any Wisconsin married couple is subject to the WMPA and is presumed marital property. For debtors with long marriages, multi-generational farm assets, or inherited property, this date-based analysis can significantly affect which assets are reachable.
โ“ What if the debtor moves out of Wisconsin?
Your Wisconsin judgment lien continues to attach to Wisconsin real property the debtor still owns. Enforcement in the new state requires domesticating the judgment there. Wisconsin debtors who relocate to common law property states (Minnesota, Illinois, Iowa, Michigan) will find their assets no longer subject to marital/community property rules โ€” but your judgment remains enforceable. Our investigators track relocated debtors with updated information in 24 hours or less.

๐Ÿง€ Ready to Enforce Your Wisconsin Judgment?

Wisconsin’s Marital Property Act, moderate exemptions, and both wage garnishment and asset levy options give creditors solid enforcement tools โ€” if you know the WMPA rules. Our licensed investigators have been locating debtors and assets across all 72 Wisconsin counties since 2004, including dairy farm operations, agricultural land, and rural communities national databases miss. Get results in 24 hours or less.

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Legal Disclaimer: This page is for informational purposes only and does not constitute legal advice. Wisconsin’s Marital Property Act has unique rules distinct from traditional community property states. Always consult a licensed Wisconsin attorney before taking enforcement action. People Locator Skip Tracing provides investigative services โ€” not legal representation.