AB189,2,144 815.20 (1) An exempt homestead as defined in s. 990.01 (14) selected by a
5resident owner and occupied by him or her shall be exempt from execution, from the
6lien of every judgment, and from liability for the debts of the owner to the amount

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1of $40,000 $75,000, except mortgages, laborers', mechanics' and purchase money
2liens and taxes and except as otherwise provided. The exemption shall not be
3impaired by temporary removal with the intention to reoccupy the premises as a
4homestead nor by the sale of the homestead, but shall extend to the proceeds derived
5from the sale to an amount not exceeding $40,000 $75,000, while held, with the
6intention to procure another homestead with the proceeds, for 2 years. The
7exemption extends to land owned by husband and wife jointly or in common or as
8marital property, and when they reside in the same household may be claimed by
9either or may be divided in any proportion between them, but the exemption may not
10exceed $40,000 $75,000 for the household. If the husband and wife fail to agree on
11the division of exemption, the exemption shall be divided between them by the court
12in which the first judgment was taken. The exemption extends to the interest therein
13of tenants in common, having a homestead thereon with the consent of the cotenants,
14and to any estate less than a fee.

AB189,2,2116 815.20 (2) Any owner of an exempt homestead against whom a judgment has
17been rendered and entered in the judgment and lien docket, and any heir, devisee or
18grantee of the owner, or any mortgagee of the homestead, may proceed under s.
19806.04 for declaratory relief if the homestead is less than $40,000 $75,000 in value
20and the owner of the judgment shall fail, for 10 days after demand, to execute a
21recordable release of the homestead from the judgment owner's judgment lien.

AB189,3,923 815.21 (2) If such plaintiff is dissatisfied with the quantity selected or the
24estimate of the value thereof, the officer shall cause such lands to be surveyed,
25beginning at a point to be designated by the owner and set off in compact form. After

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1the lands are surveyed and set off, if in the opinion of the plaintiff, the same shall be
2of greater value than $40,000 $75,000, the officer may still advertise and sell the
3premises so set off, and out of the proceeds of such sale pay to the exempt homestead
4claimant the sum of $40,000 $75,000 and apply the balance of the proceeds of such
5sale on the execution; but no sale shall be made in the case last mentioned unless a
6greater sum than $40,000 $75,000 is paid for said premises. The expenses of such
7survey and sale shall be collected on the execution if the owner claimed as the owner's
8homestead a greater quantity of land or land of greater value than the owner was
9entitled to; otherwise such expenses shall be borne by the plaintiff.

AB189,3,1911 815.21 (4) A homestead so selected and set apart by such officer shall be the
12exempt homestead of such person. The costs of such notice and survey shall be
13collected upon the execution. A failure of the officer to set apart such homestead shall
14affect such levy, only as to such homestead; and the failure of such person to select
15that person's homestead shall not impair that person's right thereto, but only that
16person's right to select the same when such selection is lawfully made by such officer.
17After such homestead is thus set off by such officer, if, in the officer's opinion or in
18the opinion of the plaintiff, the premises are of greater value than $40,000 $75,000
19the officer may sell the same as where the owner makes the selection.

AB189,3,2421 815.21 (5) If the land claimed as an exempt homestead exceeds in value
22$40,000 $75,000, the officer shall not be bound to set off any portion thereof but may
23sell the same, unless the debtor shall make the debtor's selection of such a portion
24thereof as shall not exceed $40,000 $75,000 in value.