Case Summary:
The Court sustained the Chapter 7 Trustee’s objection to Debtors’ claim of exemptions. The Debtors claimed an exemption in two non-contiguous lots under Wis. Stat. § 815.20. Each lot was improved with a two-bedroom residence. The Debtors argued both lots constituted their homestead because they occupied one or another of the lots, and sometimes separated and occupied both simultaneously. The Court determined the lots taken together did not qualify as one homestead. Although a person may have multiple houses, only one is his home, and thus only one may qualify as a homestead. The Debtors also could not exempt the lots under a theory that each debtor had established a separate homestead, even if Wisconsin law permitted such an exemption. The Debtors had not separated with the intent to remain apart when they filed their bankruptcy petition.

Statute/Rule References:
Wis. Stat. § 815.20 -- Homestead Exemption
Wis. Stat. § 990.01(14)

Key Terms:
Exemptions
Homestead Exemption