Wisconsin Statutes
Wis. Stat. § 766.001 (2026)
Liberal construction; intent
✓ current as of July 2026
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766.001(1)(1) This chapter is remedial in nature and shall be liberally construed, consistent with s. 766.96.
766.001(2)(2) It is the intent of the legislature that marital property is a form of community property.
766.001 AnnotationThis chapter, the Marital Property Act, does not supplant divorce property division provisions. Kuhlman v. Kuhlman, 146 Wis. 2d 588, 432 N.W.2d 295 (Ct. App. 1988).
766.001 AnnotationBibliography of articles and comments on the marital property act. Mueller & Shields. 68 MLR 519 (1985).
766.001 AnnotationA brief overview: The new Wisconsin Marital Property Act. Weisberger & Wilcox. WBB July 1984.
766.001 AnnotationThe Marital Property Law. WBB July 1984.
766.001 AnnotationThe Trailer Bill: A survey of the 1985 amendments to the Wisconsin Marital Property Act. Furrh. WBB Dec. 1985.
766.001 AnnotationEstate planning under Wisconsin’s Marital Property Act. Erlanger, Hughes, & Weisberger. WBB Feb. 1986.
Notes of Decisions
Cited in 13
cases, 1988–2020 · leading case: State of Wisconsin Dep't of Just. v. State of Wisconsin Dep't of Workforce Dev., 2015 WI 114 (Wis. 2015).
State of Wisconsin Dep't of Just. v. State of Wisconsin Dep't of Workforce Dev., 2015 WI 114 (Wis. 2015). “§ 766.001 (1) (Marital Property); Wis. Stat.”
In Re Passmore, 156 B.R. 595 (Bankr. E.D. Wis. 1993). “Wis.Stat. § 766.001(2). Both spouses’ interests in the funds garnished prepetition are subject to recovery by the creditors under Wis.”
State v. Ryan M. Muth, 2020 WI 65 (Wis. 2020). “§ 766.001 (2). "Modeled after the Uniform Marital Property Act, the Marital Property Act transformed Wisconsin from a common law property state to a community property state.”
In Re Moore, 318 B.R. 679 (Bankr. W.D. Wis. 2004). “Moore’s rights and interests in property, and classifies those rights and interests as either marital property or individual property pursuant to Wis. Stat. § 766.001 et seq. Marital property is a form of community property.”
Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Van Kylen (In Re Van Kylen), 98 B.R. 455 (Bankr. W.D. Wis. 1989). “§§ 766.001 — .97 (1987-88)). Under the Marital Property Act, "[a] 11 property of spouse is presumed to be marital property.”
Est. of Kobylski v. Hellstern, 503 N.W.2d 369 (Wis. Ct. App. 1993). “I believe that § 766.001 "liberal construction" and the presumption this property is marital aids Geza.”
Grimm v. Grimm (In Re Grimm), 82 B.R. 989 (Bankr. W.D. Wis. 1988). “§ 766.001(2). 4 . There is Wisconsin law indicating that the actions of one spouse should not be attributed to the other spouse.”
In Re Pfalzgraf, 236 B.R. 390 (Bankr. E.D. Wis. 1999). “Wis.Stat. § 766.001(2). Thus, if • there is hypothetically any community property that could be hable for the child support debt under state law, and that community property would also be property of the estate, then that creditor has a community claim.”
In Re Gillette, 248 B.R. 845 (Bankr. M.D. Fla. 1999). “The parties suggested that Wisconsin is a community property state, and that the exemption therefore is not authorized under Wisconsin law. In Wisconsin, all property of spouses is presumed to be marital property.”
Kapila v. Morgan (In Re Morgan), 286 B.R. 678 (Bankr. E.D. Wis. 2002). “Wis. Stat. § 766.001 (2). Alaska also has an elective community property system.”
United States v. Dennis P. Marx A/K/A Dennis Martin, Big \D, 844 F.2d 1303 (1988). “766 (1986), expresses “the intent of the [Wisconsin] legislature that marital property is a form of community property,” Wis.Stat. § 766.001(2), and states that all property is presumed to be marital property in which each spouse has a present undivided one-half interest.”
Callahan, 2007 T.C. Memo. 301 (1970). “In enacting the marital property statute, the Wisconsin legislature intended that marital property be a form of community property. See Wis.”
— Wis. Stat. § 766.001(2) — 5 cases
In Re Passmore, 156 B.R. 595 (Bankr. E.D. Wis. 1993). “Wis.Stat. § 766.001(2). Both spouses’ interests in the funds garnished prepetition are subject to recovery by the creditors under Wis.”
Grimm v. Grimm (In Re Grimm), 82 B.R. 989 (Bankr. W.D. Wis. 1988). “§ 766.001(2). 4 . There is Wisconsin law indicating that the actions of one spouse should not be attributed to the other spouse.”
In Re Pfalzgraf, 236 B.R. 390 (Bankr. E.D. Wis. 1999). “Wis.Stat. § 766.001(2). Thus, if • there is hypothetically any community property that could be hable for the child support debt under state law, and that community property would also be property of the estate, then that creditor has a community claim.”
In Re Gillette, 248 B.R. 845 (Bankr. M.D. Fla. 1999). “The parties suggested that Wisconsin is a community property state, and that the exemption therefore is not authorized under Wisconsin law. In Wisconsin, all property of spouses is presumed to be marital property.”
United States v. Dennis P. Marx A/K/A Dennis Martin, Big \D, 844 F.2d 1303 (1988). “766 (1986), expresses “the intent of the [Wisconsin] legislature that marital property is a form of community property,” Wis.Stat. § 766.001(2), and states that all property is presumed to be marital property in which each spouse has a present undivided one-half interest.”
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