Wisconsin Statutes
Wis. Stat. § 766.53 (2026)
Gifts of marital property to 3rd persons
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766.53766.53 Gifts of marital property to 3rd persons. A spouse acting alone may give to a 3rd person marital property that the spouse has the right to manage and control only if the value of the marital property given to the 3rd person does not aggregate more than either $1,000 in a calendar year, or a larger amount if, when made, the gift is reasonable in amount considering the economic position of the spouses. Any other gift of marital property to a 3rd person is subject to s. 766.70 (6) unless both spouses act together in making the gift. Under this section and for the purpose of s. 766.70 (6) (a), in the case of a gift of marital property by a spouse to a 3rd person in which the donor spouse has retained an interest, the gift shall be valued at the full value of the entire transfer of marital property, regardless of any retained interest or interest donated to the other spouse. For purposes of this section only, a gift of a life insurance policy by a spouse to a 3rd person shall be valued at the amount payable under the policy if the insured died at the time the gift was made.
Notes of Decisions
Cited in 2
cases, 1996–2008 · leading case: Socha v. Socha, 555 N.W.2d 152 (Wis. Ct. App. 1996).
Socha v. Socha, 555 N.W.2d 152 (Wis. Ct. App. 1996). “1 The $1000 was awarded to James pursuant to § 766.53, STATS, (gift of marital property to third persons may not aggregate more than $1000 in a calendar year).”
In re Est. of Joyce, 2008 WI App 92, 754 N.W.2d 515. “Where, as here, an improper gift of marital property during marriage becomes effective upon the death of the spouse, the action is against the gift's recipient and must be commenced within one year of the spouse's death.”
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