Homestead Laws in Wisconsin (2026): Protection and Savings Guide
Most people don’t realize Wisconsin has two completely different homestead programs. Seriously. One protects your house during bankruptcy. The other cuts your property taxes. Both can save you thousands of dollars, but they work in totally different ways.
Let’s break down exactly what you need to know.
What Are Homestead Laws?
Homestead laws protect your home and help lower housing costs. In Wisconsin, these laws come in two main forms. First, there’s the homestead exemption for bankruptcy. Second, there’s the homestead credit for tax relief.
The bankruptcy exemption keeps creditors from taking your house. The tax credit puts money back in your pocket each year. Both are powerful tools that many Wisconsin residents don’t even know exist.
Homestead Exemption in Bankruptcy
Basic Protection Amounts
Wisconsin lets you protect equity in your home when you file bankruptcy. Equity is what your home is worth minus what you owe on it.
Here’s how much you can protect. If you file bankruptcy alone, you can exempt up to $75,000 of home equity. Married couples filing together can exempt up to $150,000.
Think of it like a shield for your house. The exemption stops the bankruptcy trustee from selling your home to pay creditors.
How the Exemption Works
Let’s say you own a home worth $300,000. You still owe $225,000 on your mortgage. Your equity is $75,000.
If you file bankruptcy by yourself, that entire $75,000 is protected. The trustee can’t touch your house. You keep it.
But what if you only owe $150,000 on that same $300,000 house? Now you have $150,000 in equity. Filing alone only protects $75,000. The trustee could sell your house, give you your $75,000 exemption, pay off the mortgage, and use what’s left to pay creditors.
Not ideal, right?
Married Couples Get Double Protection
Here’s where things get better. Married couples can stack their exemptions. That means $150,000 total protection.
Using the same example from above, a married couple with $150,000 in equity would be fully protected. Both spouses’ exemptions combine to cover the entire amount.
Pretty straightforward.
What Qualifies as a Homestead
The exemption only covers your primary residence. This includes houses, condos, mobile homes, and co-ops.
Second homes don’t qualify. Neither do rental properties or vacation homes. The property has to be where you actually live.
Wisconsin also allows up to 40 acres to count as your homestead. But there’s a catch. The land has to be reasonably necessary for using your home as a home.
A well and septic system? Those count. A small garden? Probably counts. Forty acres of farmland when you’re not farming? That’s pushing it.
Choosing Between State and Federal Exemptions
Wisconsin gives you a choice. You can use either Wisconsin’s exemptions or the federal bankruptcy exemptions.
You can’t mix and match. You have to pick one set or the other.
Most Wisconsin residents choose the state exemptions. Why? Because Wisconsin’s $75,000 homestead exemption is way higher than the federal amount. The federal homestead exemption is only about $27,900 for individuals.
Do the math. Wisconsin’s protection is almost three times better.
Chapter 7 vs. Chapter 13 Bankruptcy
The homestead exemption works differently depending on which type of bankruptcy you file.
In Chapter 7 bankruptcy, the trustee can sell assets to pay creditors. If your home equity is within the exemption limits, your house is safe. If it exceeds the limits, you might lose your home.
Chapter 13 bankruptcy works differently. You keep all your property but repay debts over three to five years. The homestead exemption affects how much you need to repay. If your equity is fully protected, you won’t need to pay extra to creditors through your repayment plan.
Hold on, this part is important. If your equity exceeds the exemption, you’ll need to repay that difference through your Chapter 13 plan.
Recent Changes and Current Status
As of 2026, Wisconsin’s homestead exemption amounts haven’t changed recently. The $75,000 and $150,000 limits have been in place since 2009.
That’s actually good news. It means the law is stable and predictable.
Special Considerations
You need to be a Wisconsin resident to use Wisconsin exemptions. But there’s a twist. You must live in Wisconsin for at least 730 days before filing bankruptcy to use the state’s exemptions.
Moved to Wisconsin recently? You might have to use your previous state’s exemptions instead. This can get complicated, so talk to a bankruptcy attorney if you’ve moved in the past two years.
Some homeowners face judgment liens filed by creditors before bankruptcy. If a lien impairs your homestead exemption, you might be able to remove it through lien avoidance.
Honestly, this is the part most people miss.
Homestead Credit for Tax Relief
Now let’s talk about the other homestead program. This one’s totally different from the bankruptcy exemption.
What Is the Homestead Credit?
The homestead credit reduces property taxes for low and moderate income residents. It works for both homeowners and renters.
This is a refundable tax credit. That means even if you don’t owe any Wisconsin income tax, you can still get money back.
Who Qualifies?
You might qualify if you meet these requirements. You must be a legal Wisconsin resident for the entire year. You need to be at least 18 years old.
Your household income must be less than $24,680 for the 2025 tax year. You must own or rent a home that’s subject to Wisconsin property taxes.
Here’s the interesting part. You also need to meet one of these conditions. Either you’re 62 or older, or you’re disabled, or you had earned income during the year.
Wondering if this applies to you? Check your household income first.
How Much Can You Save?
The credit amount depends on your income and property taxes or rent paid. If your household income is $8,060 or less, the credit is 80 percent of your property taxes.
Let’s say you paid $2,000 in property taxes and earn $7,000 per year. Your credit would be $1,600. That’s real money back in your pocket.
As your income goes up, the credit goes down. Once your household income hits $24,680, you don’t qualify anymore.
Homeowners vs. Renters
Both homeowners and renters can claim the homestead credit. The process is slightly different.
Homeowners use their actual property tax bills. Renters use something called rent constituting property taxes. This is a percentage of your rent that’s assumed to go toward property taxes.
If heat is included in your rent, use 20 percent of your rent. If heat is not included, use 25 percent of your rent.
For example, you pay $900 per month in rent with heat included. That’s $10,800 per year. Multiply by 20 percent. Your rent constituting property taxes is $2,160.
How to Claim the Credit
You claim the homestead credit using Schedule H or Schedule H-EZ. These forms get filed with your Wisconsin income tax return.
Don’t file a Wisconsin income tax return? You can still file the homestead credit forms separately.
The deadline for filing a 2025 homestead credit claim is April 15, 2030. Yep, that’s right. You have four years to file.
You’ll need to attach proof. Homeowners attach a copy of their property tax bill. Renters need a rent certificate signed by their landlord.
What Reduces Your Credit
Some welfare benefits can reduce or eliminate the homestead credit. Wisconsin Works payments of any amount disqualify you completely. County relief payments of $400 or more for any month also disqualify you.
If you received these payments, you need to reduce your property taxes or rent by one-twelfth for each month you received them.
This part can be tricky, honestly.
Income Calculations
Household income includes almost everything. Wages, salaries, tips, interest, dividends, pensions, Social Security, unemployment compensation, and alimony all count.
You get to subtract $500 for each qualifying dependent. Qualifying dependents are people who lived with you for at least six months and meet IRS dependency requirements.
Recent Legislative Changes
In February 2025, the Wisconsin legislature introduced a bill to expand the homestead credit. Senate Bill 60 and Assembly Bill 52 would increase the income thresholds and potentially provide more relief.
The bill is still working through the legislative process as of early 2026. If it passes, more people would qualify and benefit amounts could increase.
Stay with me here. These changes could mean hundreds more dollars for eligible residents.
Property Tax Deferral Loan Program
Wisconsin offers one more homestead-related program. This one’s specifically for seniors.
What Is the Deferral Program?
The Property Tax Deferral Loan Program helps people age 65 and older pay their property taxes. The state loans you money to cover your property taxes now. You repay the loan later when you sell the home or from your estate.
Think of it like a reverse mortgage, but just for property taxes.
Who Qualifies?
You must be at least 65 years old. Any co-owner must be at least 60 or permanently disabled.
Your total household income must be $20,000 or less. You must own your home and live in it as your primary residence.
There are also limits on how much debt you can have against your home. Outstanding liens and judgments can’t exceed 50 percent of your home’s value. Total liens, judgments, mortgages, and delinquent taxes can’t exceed 33 percent of your home’s value.
Loan Details
The maximum annual loan is $3,525. The interest rate is set by state law.
You must have fire and extended casualty insurance on your home. WHEDA gets named as a lienholder on the policy.
Applications must be filed with WHEDA by June 30 of the year the taxes are due. For example, applications filed by June 30, 2026 would cover 2025 property taxes payable in 2026.
How Repayment Works
The loan gets repaid when you sell the home or from your estate after death. It’s basically a lien against your property.
This can be a lifeline for seniors who are asset rich but cash poor. You own a valuable home but don’t have monthly income to cover rising property taxes.
Okay, pause. Read this carefully. The deferral loan places a lien on your property. Talk to a housing counselor before you decide.
Other Property Tax Credits
Wisconsin offers additional property tax relief programs worth knowing about.
School Levy Tax Credit
This credit is automatically applied to all taxable property tax bills. No application needed. The state calculates it and your tax bill shows the reduction.
The credit helps offset school taxes levied on property. The amount varies based on school taxes and available state funding each year.
Lottery and Gaming Credit
This credit also appears automatically on property tax bills for owner-occupied primary residences. It’s funded by state lottery revenues.
You don’t apply separately. If you qualify, it shows up on your bill as a reduction.
How to Maximize Your Benefits
Calculate Your Home Equity
Before filing bankruptcy, know your exact home equity. Get a current home valuation. Subtract your mortgage balance and any other liens.
This tells you whether the homestead exemption fully protects your home.
Compare Exemption Options
If you’re considering bankruptcy, compare Wisconsin and federal exemptions. Make a list of all your assets. Calculate which exemption set protects more of your property.
A bankruptcy attorney can help with this analysis. They see these situations every day.
File for Tax Credits Every Year
Don’t leave money on the table. If you qualify for the homestead credit, file every single year.
Many eligible residents never claim it. They miss out on hundreds or thousands of dollars.
Keep Good Records
Save your property tax bills. Keep rent certificates from your landlord. Document all household income.
You’ll need these documents when filing for credits or exemptions.
Get Professional Help When Needed
Bankruptcy is complicated. Property taxes can be confusing. Tax credits have detailed requirements.
Consider getting help. Bankruptcy attorneys, tax professionals, and housing counselors can guide you through the process.
You’re not alone, this confuses a lot of people.
Common Misconceptions
Misconception 1: The Homestead Credit Is Only for Seniors
Not true. While seniors have an easier time qualifying, younger people can claim it too. You just need to be disabled or have earned income.
Misconception 2: Bankruptcy Always Means Losing Your Home
Many people keep their homes in bankruptcy. The homestead exemption exists specifically to prevent this.
If your equity is within the limits, your home is protected.
Misconception 3: You Can’t Get the Homestead Credit If You Rent
Renters absolutely qualify. The credit is designed for both renters and homeowners.
Misconception 4: Filing for Credits Is Too Complicated
The forms look intimidating but they’re manageable. Free tax assistance programs can help. VITA and TCE sites offer free help during tax season.
Where to Get Help
For Bankruptcy Questions
Consult a bankruptcy attorney. Most offer free initial consultations. They can review your situation and explain your options.
For Tax Credit Questions
Contact the Wisconsin Department of Revenue. Call their homestead credit helpline. Email [email protected].
Free tax preparation sites can also help during filing season.
For Property Tax Deferral Loans
Contact WHEDA directly. They administer the deferral loan program. Their staff can explain requirements and walk you through the application.
For General Housing Assistance
Call 211. This connects you to local resources and assistance programs. Your county’s Aging and Disability Resource Center can also help.
Important Deadlines
Mark these dates. For homestead credit claims, you have until April 15 four years after the tax year. For 2025 claims, that’s April 15, 2030.
For property tax deferral loans, applications are due by June 30 of the year taxes are due.
For bankruptcy filings, talk to an attorney about timing. Strategic timing can maximize your exemptions.
Protecting Your Rights
You have legal protections when dealing with creditors, taxes, and bankruptcy. Know your rights. Don’t let anyone pressure you into decisions you’re not comfortable with.
If a creditor claims you can’t use the homestead exemption, get a second opinion. If someone says you don’t qualify for tax credits, verify that independently.
Trust me, this works. Double-check everything.
Special Situations
Married Couples with Separate Property
Wisconsin is a marital property state. Property owned before marriage is generally individual property.
If only one spouse owns the home as individual property, only one homestead exemption applies in bankruptcy. This is the marriage penalty some couples face.
Adding your spouse to the title can solve this. But do it well before any bankruptcy filing. Last-minute transfers can look suspicious.
Farmers and Rural Residents
The homestead exemption can include up to 40 acres. But the land must be reasonably necessary for your home.
Farm equipment, crops, and livestock have separate exemptions. Talk to an attorney about protecting farm assets.
Mobile and Manufactured Homes
Both the bankruptcy exemption and tax credits apply to mobile and manufactured homes. You just need to own and occupy the home.
For the homestead credit, the home must be subject to Wisconsin property taxes.
Recent Movers
Moved to Wisconsin recently? You can file for bankruptcy after 180 days. But you need 730 days of residency to use Wisconsin exemptions.
Moved from Wisconsin? You might still use Wisconsin exemptions depending on timing.
Final Thoughts
Wisconsin’s homestead laws offer serious protection and savings. The bankruptcy exemption can save your home during financial crisis. The tax credits can put hundreds of dollars back in your pocket every year.
But these benefits only help if you know about them and use them.
Calculate your home equity. Check if you qualify for tax credits. File the paperwork. Get professional advice when things get complicated.
Now you know the basics. Stay informed, stay protected, and when in doubt, ask for help.
Frequently Asked Questions
Can I lose my home in a Wisconsin bankruptcy if I have equity?
Not necessarily. If your home equity is below $75,000 for individuals or $150,000 for married couples, the homestead exemption protects it completely. Higher equity might put your home at risk in Chapter 7, but Chapter 13 bankruptcy lets you keep it by repaying the excess through a payment plan.
Do I qualify for the homestead credit if I make more than $24,680?
No. The income limit for the 2025 tax year is $24,680. If your household income exceeds this amount, you don’t qualify for any homestead credit.
Can renters claim the homestead credit in Wisconsin?
Yes. Renters can claim the homestead credit using rent constituting property taxes, which is calculated as 20 percent or 25 percent of annual rent depending on whether heat is included.
How long do I have to file for the homestead tax credit?
You have four years from the original tax deadline. For the 2025 tax year, you can file until April 15, 2030.
Does the property tax deferral loan have to be repaid?
Yes. The loan is repaid when you sell your home or from your estate after death. It’s a lien against your property, not free money.
Can I use both Wisconsin and federal bankruptcy exemptions?
No. You must choose either the Wisconsin exemption system or the federal exemption system. You cannot mix exemptions from both.
What happens if my home equity exceeds the exemption amount?
In Chapter 7 bankruptcy, the trustee might sell your home, pay you the exemption amount, pay off secured debts, and distribute the rest to creditors. In Chapter 13, you’d repay the excess equity amount through your payment plan over three to five years.
Do I need to file separately for the homestead credit if I file a Wisconsin tax return?
No. You include Schedule H or Schedule H-EZ with your regular Wisconsin tax return. If you don’t file a regular return, you can file the homestead credit forms by themselves.
Are Social Security benefits counted in household income for the homestead credit?
Yes. Social Security benefits count as household income when determining homestead credit eligibility, even though they’re not taxed by Wisconsin.
Can I claim the homestead exemption on a rental property I own?
No. The homestead exemption only protects your primary residence where you actually live. Rental properties, vacation homes, and investment properties don’t qualify.
References
- Wisconsin State Legislature – Homestead Exemption Statute: https://docs.legis.wisconsin.gov/statutes/statutes/815/20
- Wisconsin Department of Revenue – Homestead Credit Information: https://www.revenue.wi.gov/Pages/Individuals/homestead.aspx
- Wisconsin Housing and Economic Development Authority (WHEDA) – Property Tax Deferral Program: https://www.wheda.com/homeownership/
- Nolo – Wisconsin Bankruptcy Homestead Exemption: https://www.nolo.com/legal-encyclopedia/wisconsin-bankruptcy-homestead-exemption.html
- Wisconsin State Legislature – Senate Bill 60 (2025-2026): https://docs.legis.wisconsin.gov/document/proposaltext/2025/REG/SB60.pdf