Wisconsin Statutes
Wis. Stat. § 766.605 (2026)
Classification of homestead
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
766.605766.605 Classification of homestead. A homestead acquired after the determination date which, when acquired, is held exclusively between spouses with no 3rd party is survivorship marital property if no intent to the contrary is expressed on the instrument of transfer or in a marital property agreement. A homestead may be reclassified under s. 766.31 (10).
766.605 NoteNOTE: 1991 Wis. Act 301 contains legislative council notes.
766.605 AnnotationThe statutory definitions of homestead in ss. 71.52 (3), 706.01 (7), and 990.01 (13) (a) control the meaning of homestead in this section and, accordingly, required a conclusion that the property in this case became a homestead when there was a dwelling on it, occupied by the parties, which occurred after the determination date: the couple’s wedding. As such, the homestead was “held exclusively” between them, as spouses, “when acquired” and was survivorship marital property under this section. Droukas v. Estate of Felhofer, 2014 WI App 6, 352 Wis. 2d 380, 843 N.W.2d 57, 13-0147.
766.605 AnnotationA warranty deed to 2 grantees as “single persons” did not express an intent to classify the property as something other than survivorship marital property when the grantees subsequently married. The use of the phrase “single persons” simply described a fact: that at the time they purchased the vacant lot, the grantees were not married. “Single persons” does not represent a classification of property ownership of any kind, to wit, tenancy in common, joint tenancy, marital property, or any other recognized classification. Droukas v. Estate of Felhofer, 2014 WI App 6, 352 Wis. 2d 380, 843 N.W.2d 57, 13-0147.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2013–2023 · leading case: Droukas v. Est. of Felhofer, 2014 WI App 6 (Wis. Ct. App. 2013).
Droukas v. Est. of Felhofer, 2014 WI App 6 (Wis. Ct. App. 2013). “Christine Droukas and Michelle Alexander (collectively "the Felhofer Children") appeal from the circuit court's order finding that property owned by their father Gregory Felhofer ("the Decedent") and his wife Mary Felhofer ("Felhofer") prior to the Decedent's death is…”
Amara Gerger v. Yajaira Vanessa Avila Gerger (Wis. Ct. App. 2023). “§ 766.605 to the facts of this case. That statute provides, in relevant part: “A homestead acquired after the determination date which, when acquired, is held exclusively between spouses with no [third] party is survivorship marital property if no intent to the contrary is…”
In re Sternat, 556 B.R. 394 (Bankr. E.D. Wis. 2016). “” Wis. Stat. § 766.605 . And the parties’ quitclaim deed satisfies § 766.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.