Wisconsin Statutes
Wis. Stat. § 766.03 (2026)
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766.03(1)(1) Except as provided in sub. (4) and ss. 766.58 (5), (11) and (12) and 766.585, this chapter first applies to spouses upon their determination date.
766.03(2)(2) After this chapter first applies to spouses, it continues to apply to spouses during marriage. Section 766.75 applies after a dissolution. If at the time of the death of a spouse both spouses are domiciled in this state, the provisions of this chapter which have application after the death of a spouse apply.
766.03(3)(3) The cessation of the application of this chapter because a spouse is no longer domiciled in this state does not by itself affect any property, right, interest or remedy acquired under this chapter by either spouse or by a 3rd party or the satisfaction of any obligation incurred by a spouse under this chapter.
766.03(4)(4) Section 766.97 applies to a spouse in this state whether or not that person is domiciled in this state.
766.03(5)(5) Any property, right, interest or remedy of a spouse or 3rd party acquired or property that is available to satisfy an obligation incurred on or after January 1, 1986, and before May 3, 1988, shall not be adversely affected by 1987 Wisconsin Act 393, sections 10, 11, 15, 16, 27, 29 and 32.
766.03(6)(6) This chapter does not affect the property available to satisfy an obligation incurred by a spouse that is attributable to an obligation arising when one or both spouses are not domiciled in this state or to an act or omission occurring when one or both spouses are not domiciled in this state.
766.03 NoteNOTE: 1991 Wis. Act 301 contains legislative council notes.
Notes of Decisions
Cited in 5
cases, 1984–1999 · leading case: In Matter of Est. of Lloyd, 487 N.W.2d 644 (Wis. Ct. App. 1992).
In Matter of Est. of Lloyd, 487 N.W.2d 644 (Wis. Ct. App. 1992). “*253 Section 766.03(1), Stats. The spouses' determination date is the date on which the last of the following three events occurs: (1) marriage; (2) both spouses are domiciled in Wisconsin; or (3) January 1, 1986.”
Bonnell v. Bonnell, 344 N.W.2d 123 (Wis. 1984). “” We recognize in this regard the general principle “that a spouse may by agreement, either express or implied, or by gift, transmute an item of separate property into marital property.”
Socha v. Socha, 555 N.W.2d 152 (Wis. Ct. App. 1996). “See § 766.03(2), Stats. This court has previously concluded that § 766.”
In Re Gillette, 248 B.R. 845 (Bankr. M.D. Fla. 1999). “It is the intent of the Wisconsin legislature that marital property is a form of community property.”
Sinai Samaritan Med. Ctr., Inc. v. McCabe, 541 N.W.2d 190 (Wis. Ct. App. 1995). “" Section 766.03(1), Stats. " 'Determination date' means the last to occur *715 of the following: (a) Marriage, (b) 12:01 a.”
Wis. Stat. § 766.03(1): 3 cases
In Matter of Est. of Lloyd, 487 N.W.2d 644 (Wis. Ct. App. 1992). “*253 Section 766.03(1), Stats. The spouses' determination date is the date on which the last of the following three events occurs: (1) marriage; (2) both spouses are domiciled in Wisconsin; or (3) January 1, 1986.”
In Re Gillette, 248 B.R. 845 (Bankr. M.D. Fla. 1999). “It is the intent of the Wisconsin legislature that marital property is a form of community property.”
Sinai Samaritan Med. Ctr., Inc. v. McCabe, 541 N.W.2d 190 (Wis. Ct. App. 1995). “" Section 766.03(1), Stats. " 'Determination date' means the last to occur *715 of the following: (a) Marriage, (b) 12:01 a.”
Wis. Stat. § 766.03(2): 1 case
Socha v. Socha, 555 N.W.2d 152 (Wis. Ct. App. 1996). “See § 766.03(2), Stats. This court has previously concluded that § 766.”
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