Wisconsin Statutes
Wis. Stat. § 766.15 (2026)
Responsibility between spouses
✓ current as of July 2026
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766.15(1)(1) Each spouse shall act in good faith with respect to the other spouse in matters involving marital property or other property of the other spouse. This obligation may not be varied by a marital property agreement.
766.15(2)(2) Management and control by a spouse of that spouse’s property that is not marital property in a manner that limits, diminishes or fails to produce income from that property does not violate sub. (1).
766.15 AnnotationIntentional misrepresentation is a breach of the duty of good faith for which the exclusive pre-divorce remedy is s. 766.70 (1). Gardner v. Gardner, 175 Wis. 2d 420, 499 N.W.2d 266 (Ct. App. 1993).
Notes of Decisions
Cited in 8
cases, 1980–2005 · leading case: In Re Marriage of Noble v. Noble, 2005 WI App 227 (Wis. Ct. App. 2005).
In Re Marriage of Noble v. Noble, 2005 WI App 227 (Wis. Ct. App. 2005). “Deborah's claim for a breach of the duty of good faith rests to some degree upon Wis. Stat. § 766.15 (2003-04), 2 which provides in part, "Each spouse shall act in good faith with respect to the other spouse in matters involving marital property or other property of the other…”
Gardner v. Gardner, 499 N.W.2d 266 (Wis. Ct. App. 1993). “, 4 creates the cause of action for a breach of the duty of good faith under sec. 766.15, Stats. This cause of action is available before a divorce action is filed.”
Caulfield v. Caulfield, 515 N.W.2d 278 (Wis. Ct. App. 1994). “We reasoned that § 766.15(1), STATS., (a spouse has a duty to "act in good faith with respect to the other spouse in matters involving marital property or other property") and § 766.”
Sharpe Furniture, Inc. v. Buckstaff, 299 N.W.2d 219 (Wis. 1980). “I recognize, as does the majority, that if the common law doctrine of necessaries is to survive as a rule of law it must be modified in accordance with the developing laws recognizing equal rights and responsibilities of both marital partners and the changes in the economic and…”
Stromsted v. St. Michael Hosp. of Franciscan Sisters, 299 N.W.2d 226 (Wis. 1980). “[4] This section is presently codified at sec. 766.15, Stats. [5] The hospital's brief contains no clear statement as to whether its theory of recovery is one premised upon a contract implied-in-fact or a contract implied by operation of law (quasi-contract).”
Matter of Howe, 20 B.R. 938 (Bankr. W.D. Wis. 1982). “4 The Bank argues that because Wis.Stat. § 766.15 entitles a Wisconsin male to the same rights as a Wisconsin female under Wis.”
Socha v. Socha, 555 N.W.2d 152 (Wis. Ct. App. 1996). “The trial court concluded that Joseph’s actions violated his duty *478 under § 766.15, Stats., to act in good faith and reasoned that because of Joseph's actions, "[M]arital assets left the marital estate contrary to statute and contrary to court orders.”
In Matter of Est. of Lloyd, 487 N.W.2d 644 (Wis. Ct. App. 1992). “See sec. 766.15, Stats. B. Joint Accounts with Harold At the time of Wesley's death, twenty-nine accounts were held in the joint names of Wesley and Harold.”
— Wis. Stat. § 766.15(1) — 2 cases
Caulfield v. Caulfield, 515 N.W.2d 278 (Wis. Ct. App. 1994). “We reasoned that § 766.15(1), STATS., (a spouse has a duty to "act in good faith with respect to the other spouse in matters involving marital property or other property") and § 766.”
Gardner v. Gardner, 499 N.W.2d 266 (Wis. Ct. App. 1993). “, 4 creates the cause of action for a breach of the duty of good faith under sec. 766.15, Stats. This cause of action is available before a divorce action is filed.”
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