Wisconsin Statutes

Wis. Stat. § 766.01 (2026)

Definitions

✓ current as of July 2026

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766.01766.01 Definitions. In this chapter:

766.01(1)(1) “Acquiring” property includes reducing indebtedness on encumbered property and obtaining a lien on or security interest in property.

766.01(2)(2) “Appreciation” means a realized or unrealized increase in the value of property.

766.01(2m)(a)(a) Except as provided in pars. (b) and (c), “credit” means the right granted by a creditor to defer payment of a debt, incur debt and defer its payment or purchase property or services and defer payment for the property or services.

766.01(2m)(b)(b) If used in connection with a transaction governed under chs. 421 to 427, “credit” has the meaning specified in s. 421.301 (14).

766.01(2m)(c)(c) Paragraph (a) does not apply to s. 766.56 (2) (c) and (d).

766.01(2r)(a)(a) Except as provided in pars. (b) and (c), “creditor” means a person that regularly extends credit.

766.01(2r)(b)(b) If used in connection with a transaction governed under chs. 421 to 427, “creditor” has the meaning specified in s. 421.301 (16).

766.01(2r)(c)(c) Paragraph (a) does not apply to s. 766.55 (3) to (4m), 766.56 (2) (c) and (d) or 766.61 (4).

766.01(3)(3) “Decree” means a judgment or other order of a court.

766.01(3m)(3m) “Deferred employment benefit” means a benefit from a deferred employment benefit plan.

766.01(4)(a)(a) “Deferred employment benefit plan” means a plan, fund, program or other arrangement under which compensation or benefits from employment are expressly, or as a result of surrounding circumstances, deferred to a later date or the happening of a future event. “Deferred employment benefit plan” includes but is not limited to a pension, profit sharing or stock-bonus plan, an employee stock-ownership or stock-purchase plan, a savings or thrift plan, an annuity plan, a qualified bond-purchase plan, a self-employed retirement plan, a simplified employee pension and a deferred compensation agreement or plan.

766.01(4)(b)(b) “Deferred employment benefit plan” does not include life, health, accident or other insurance or a plan, fund, program or other arrangement providing benefits similar to insurance benefits, except to the extent that benefits under the plan:

766.01(4)(b)1.1. Have a present value that is immediately realizable in cash at the option of the employee;

766.01(4)(b)2.2. Constitute an unearned premium for the coverage;

766.01(4)(b)3.3. Represent a right to compensation for loss of income during disability; or

766.01(4)(b)4.4. Represent a right to payment of expenses incurred before time of valuation.

766.01(5)(5) “Determination date” means the last to occur of the following:

766.01(5)(a)(a) Marriage.

766.01(5)(b)(b) 12:01 a.m. on the date that both spouses are domiciled in this state.

766.01(5)(c)(c) 12:01 a.m. on January 1, 1986.

766.01(6)(6) “Disposition at death” means transfer of property by will, intestate succession, nontestamentary transfer or other means that takes effect at the transferor’s death.

766.01(7)(7) “Dissolution” means termination of a marriage by a decree of dissolution, divorce, annulment or declaration of invalidity or entry of a decree of legal separation or separate maintenance. The term does not include a decree resulting from an action available under ch. 767 which is not an annulment, a divorce or a legal separation.

766.01(8)(8) “During marriage” means a period in which both spouses are domiciled in this state that begins at the determination date and ends at dissolution or at the death of a spouse.

766.01(9)(a)(a) Except as provided in pars. (b) to (f), property is “held” by a person only if a document of title to the property is registered, recorded, or filed in a public office in the name of the person or a writing that customarily operates as a document of title to the type of property is issued for the property in the person’s name.

766.01(9)(b)(b) An account is “held” by the person who, by the terms of the account, has a present right, subject to request, to payment from the account other than as an agent. Accounts that are so “held” include accounts under s. 705.01 (1) and brokerage accounts.

766.01(9)(c)(c) An uncertificated security, as defined under s. 408.102 (1) (r), is “held” by the person identified as the registered owner of the security upon books maintained for that purpose by or on behalf of the issuer. If the registered owner of an uncertificated security is identified as a brokerage account, the security is “held” as provided under par. (b).

766.01(9)(d)(d) The property rights, as specified and described in ss. 178.0401 (1), 178.0501, and 178.0502, of a partner in a general partnership are “held” by the partner.

766.01(9)(e)(e)

766.01(9)(e)1.1. An account, as defined in s. 711.03 (1), and the digital property in the account, including the content of an electronic communication, as defined in s. 711.03 (6), are “held” by a person who is the user, as defined in s. 711.03 (28).

766.01(9)(e)2.2. The catalogue of electronic communications, as defined in s. 711.03 (4), or similar identifying information for digital property in an account, is “held” by a person who holds such digital property, including the content of such electronic communications, under subd. 1.

766.01(9)(e)3.3. For purposes of subds. 1. and 2., “person” has the meaning given under s. 711.03 (19).

766.01(9)(f)(f) A right or interest in digital property, not titled in the name of either spouse, that has been identified as having been originally created, purchased, or otherwise acquired by a spouse is “held” by that spouse.

766.01(10)(10) “Income” means wages, salaries, commissions, bonuses, gratuities, payments in kind, deferred employment benefits, proceeds, other than death benefits, of any health, accident or disability insurance policy or of any plan, fund, program or other arrangement providing benefits similar to those forms of insurance, other economic benefits having value attributable to the effort of a spouse, dividends, dividends on life insurance and annuity contracts to the extent that the aggregate of the dividends exceeds the aggregate premiums paid, interest, income distributed from trusts and estates, and net rents and other net returns attributable to investment, rental, licensing or other use of property, unless attributable to a return of capital or to appreciation.

766.01(11)(11) “Management and control” means the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, institute or defend a civil action regarding or otherwise deal with property as if it were property of an unmarried person.

766.01(12)(12) “Marital property agreement” means an agreement that complies with s. 766.58, 766.585, 766.587, 766.588 or 766.589. The term does not include the financial disclosure form under s. 766.588 (9) or 766.589 (10).

766.01(13)(13) A person has “notice” of a fact if the person has knowledge of it, receives a notification of it, or has reason to know that it exists from the facts and circumstances known to the person.

766.01(15)(15) “Property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including digital property, as defined in s. 711.03 (10).

766.01(16)(16) “Written consent” means a document signed by a person against whose interests it is sought to be enforced.

766.01 HistoryHistory: 1983 a. 186; 1985 a. 37; 1987 a. 393; 1991 a. 301; 1997 a. 297; 2015 a. 295, 300; 2023 a. 127.

766.01 NoteNOTE: 1991 Wis. Act 301 contains legislative council notes.

766.01 AnnotationFrom Common Law Property to Community Property: Wisconsin’s Marital Property Act Four Years Later. Erlanger & Weisberger. 1990 WLR 769.

Notes of Decisions

Cited in 32 cases (5 in the last 5 years), 1982–2025 · leading case: The Journal Sentinel, Inc. v. Schultz, 2001 WI App 260 (Wis. Ct. App. 2001).

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The Journal Sentinel, Inc. v. Schultz, 2001 WI App 260 (Wis. Ct. App. 2001). · cites it 10× “He refers us to Wis. Stat. § 766.01 (2r)(a), which defines "creditor" as "a person that regularly extends credit" and Matter of Geise, 132 B.”

In Re Marriage of Long v. Long, 539 N.W.2d 462 (Wis. Ct. App. 1995). · cites it 4× “" Section 766.01(10), STATS. While we agree with Roberta that, under this definition, Russell's additional income was "marital property" within the meaning of chapter 766, we disagree with her that a conclusion that income is a marital asset subject to division under § 767.”

Mitchell Bank v. Schanke, 2004 WI 13 (Wis. 2004). · cites it 2× “…property and all other property of the incurring spouse. The applicable "determination date" here is January 1, 1986. Wis. Stat. § 766.01 (5) (1985-86).”

State v. Ryan M. Muth, 2020 WI 65 (Wis. 2020). · cites it 2× “" Wis. Stat. § 766.01 (15). Thus, every marital property interest traces back to a property interest.”

In Re Sweitzer, 111 B.R. 792 (Bankr. W.D. Wis. 1990). · cites it 5× “" ‘Income’ means wages Wis.Stat. § 766.01(10) (1987). 7 . 11 U.S.”

In Matter of Est. of Lloyd, 487 N.W.2d 644 (Wis. Ct. App. 1992). · cites it 4× “Section 766.01(10), Stats. If tracing proves impossible at any point in an asset's history, the asset is transformed to marital property.”

Marriage of Poindexter v. Poindexter, 419 N.W.2d 223 (Wis. 1988). · cites it 2× “Under sec. 766.01(5), Stats., the determination date for spouses is the last of the following to occur: 1) the date a Wisconsin couple is married; 2) January 1, 1986, the effective date of the Act; or 3) the date spouses established a marital domicile in Wisconsin.”

Bille v. Zuraff, 543 N.W.2d 568 (Wis. Ct. App. 1995). · cites it 8× “He bases this argument on § 766.01, Stats., which reads: (1) "Acquiring" property includes reducing indebtedness on mcumtered property and obtaining a lien on or security interest in property.”

In Re Marriage of Hokin v. Hokin, 605 N.W.2d 219 (Wis. Ct. App. 1999). · cites it 3× “See § 766.01(5), STATS. [5] Property that is separate under § 767.”

Patricia Mudlaff v. Joseph McLeod, 2013 WI 76 (Wis. 2013). · cites it 4× “01(7) defines "dissolution" with reference to "a decree of dissolution, divorce, annulment or declaration of invalidity .”

United States v. Wahlen, 459 F. Supp. 2d 800 (E.D. Wis. 2006). · cites it 2× “Section 766.01(10), Stats. If tracing proves impossible at any point in an asset’s history, the asset is transformed to marital property.”

In Re Sanderfoot, 83 B.R. 564 (Bankr. E.D. Wis. 1988). · cites it 2× “Finally, Wisconsin’s enactment of the Marital Property Act, effective January 1, 1986, gave spouses an equal ownership interest in property earned or acquired during the marriage and after the determination date (the date from which the Act applies to a married couple, Wis.Stat.…”

Show all 32 citing cases →

— Wis. Stat. § 766.01(1) — 1 case

Bille v. Zuraff, 543 N.W.2d 568 (Wis. Ct. App. 1995). “He bases this argument on § 766.01, Stats., which reads: (1) "Acquiring" property includes reducing indebtedness on mcumtered property and obtaining a lien on or security interest in property.”

— Wis. Stat. § 766.01(10) — 6 cases

In Re Marriage of Long v. Long, 539 N.W.2d 462 (Wis. Ct. App. 1995). “" Section 766.01(10), STATS. While we agree with Roberta that, under this definition, Russell's additional income was "marital property" within the meaning of chapter 766, we disagree with her that a conclusion that income is a marital asset subject to division under § 767.”

United States v. Wahlen, 459 F. Supp. 2d 800 (E.D. Wis. 2006). “Section 766.01(10), Stats. If tracing proves impossible at any point in an asset’s history, the asset is transformed to marital property.”

In Matter of Est. of Lloyd, 487 N.W.2d 644 (Wis. Ct. App. 1992). “Section 766.01(10), Stats. If tracing proves impossible at any point in an asset's history, the asset is transformed to marital property.”

In Re Sweitzer, 111 B.R. 792 (Bankr. W.D. Wis. 1990). “" ‘Income’ means wages Wis.Stat. § 766.01(10) (1987). 7 . 11 U.S.”

The Journal Sentinel, Inc. v. Schultz, 2001 WI App 260 (Wis. Ct. App. 2001). “He refers us to Wis. Stat. § 766.01 (2r)(a), which defines "creditor" as "a person that regularly extends credit" and Matter of Geise, 132 B.”

— Wis. Stat. § 766.01(15) — 1 case

The Scharine Grp., Inc. v. Tamera J. Drehmel (Wis. Ct. App. 2023).

— Wis. Stat. § 766.01(2r) — 1 case

The Journal Sentinel, Inc. v. Schultz, 2001 WI App 260 (Wis. Ct. App. 2001). “He refers us to Wis. Stat. § 766.01 (2r)(a), which defines "creditor" as "a person that regularly extends credit" and Matter of Geise, 132 B.”

— Wis. Stat. § 766.01(2r)(a) — 1 case

Ludwig v. Geise (In Re Geise), 132 B.R. 908 (Bankr. E.D. Wis. 1991).

— Wis. Stat. § 766.01(4)(a) — 1 case

In Re Est. of Hackl v. Hackl, 604 N.W.2d 579 (Wis. Ct. App. 1999).

— Wis. Stat. § 766.01(5) — 14 cases

Marriage of Poindexter v. Poindexter, 419 N.W.2d 223 (Wis. 1988). “Under sec. 766.01(5), Stats., the determination date for spouses is the last of the following to occur: 1) the date a Wisconsin couple is married; 2) January 1, 1986, the effective date of the Act; or 3) the date spouses established a marital domicile in Wisconsin.”

In Re Marriage of Hokin v. Hokin, 605 N.W.2d 219 (Wis. Ct. App. 1999). “See § 766.01(5), STATS. [5] Property that is separate under § 767.”

In Re Sanderfoot, 83 B.R. 564 (Bankr. E.D. Wis. 1988). “Finally, Wisconsin’s enactment of the Marital Property Act, effective January 1, 1986, gave spouses an equal ownership interest in property earned or acquired during the marriage and after the determination date (the date from which the Act applies to a married couple, Wis.Stat.…”

In Matter of Est. of Lloyd, 487 N.W.2d 644 (Wis. Ct. App. 1992). “Section 766.01(10), Stats. If tracing proves impossible at any point in an asset's history, the asset is transformed to marital property.”

In Re Sweitzer, 111 B.R. 792 (Bankr. W.D. Wis. 1990). “" ‘Income’ means wages Wis.Stat. § 766.01(10) (1987). 7 . 11 U.S.”

— Wis. Stat. § 766.01(5)(b) — 1 case

In Re Sweitzer, 111 B.R. 792 (Bankr. W.D. Wis. 1990). “" ‘Income’ means wages Wis.Stat. § 766.01(10) (1987). 7 . 11 U.S.”

— Wis. Stat. § 766.01(5)(c) — 2 cases

Park Bank-West v. Mueller, 444 N.W.2d 754 (Wis. Ct. App. 1989).

In Interest of ALW, 451 N.W.2d 416 (Wis. 1990).

— Wis. Stat. § 766.01(6) — 1 case

Sterling L. North v. Est. of William James North II (Wis. Ct. App. 2025).

— Wis. Stat. § 766.01(7) — 1 case

Patricia Mudlaff v. Joseph McLeod, 2013 WI 76 (Wis. 2013). “01(7) defines "dissolution" with reference to "a decree of dissolution, divorce, annulment or declaration of invalidity .”

— Wis. Stat. § 766.01(8) — 1 case

The Scharine Grp., Inc. v. Tamera J. Drehmel (Wis. Ct. App. 2023).

— Wis. Stat. § 766.01(9)(a) — 1 case

Droukas v. Est. of Felhofer, 2014 WI App 6 (Wis. Ct. App. 2013).

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