Wisconsin § 861.41 - Exemption of property to be assigned to surviving spouse or surviving domestic partner.
Full text of Wisconsin Wisconsin Statutes § 861.41 — Exemption of property to be assigned to surviving spouse or surviving domestic partner., with citation guidance and answers to common questions.
§ 861.41. Exemption of property to be assigned to surviving spouse or surviving domestic partner.
861.41(1) (1) After the amount of claims against the estate has been ascertained, the surviving spouse or surviving domestic partner may petition the court to set aside as exempt from the claims of creditors under s. 859.25 (1) (h) an amount of property reasonably necessary for the support of the spouse or domestic partner, not to exceed $10,000 in value, if it appears that the assets are insufficient to pay all claims and allowances and still leave the surviving spouse or surviving domestic partner such an amount of property in addition to selection and allowances. 861.41(2) (2) The court shall grant the petition if it determines that an assignment ahead of creditors is reasonably necessary for the support of the spouse or domestic partner. In determining the necessity and the amount of property to be assigned, the court must take into consideration the availability of a home to the surviving spouse or surviving domestic partner and all other assets and resources available for support. 861.41 History History: 1983 a. 186 ; 1985 a. 37 ; 1987 a. 393 s. 53 ; 1997 a. 188 ; 2009 a. 28 .
Source: official Wisconsin text · Last verified 2026-08-27
Frequently Asked Questions About Wisconsin § 861.41
What does Wisconsin Statutes § 861.41 cover?
Section 861.41 ("Exemption of property to be assigned to surviving spouse or surviving domestic partner.") is part of the Wisconsin Statutes, the codified statutory law of Wisconsin. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Wisconsin § 861.41?
A common citation format is "Wisconsin Statutes § 861.41" (Wisconsin). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Wisconsin law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Wisconsin official source linked on this page or consult a licensed Wisconsin attorney.
How does Wisconsin § 861.41 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Wisconsin can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Wisconsin.