Wis. Stat. » CHAPTER 851 — PROBATE — DEFINITIONS AND GENERAL PROVISIONS
Wisconsin Statutes

Wis. Stat. § 851.055 (2026)

Deferred marital property

✓ current as of July 2026
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851.055851.055 Deferred marital property. “Deferred marital property” means any property that satisfies all of the following:
851.055(1)(1) Is not classified by ch. 766.
851.055(1m)(1m) Is not classified as individual property or marital property under a valid marital property agreement, unless the marital property agreement provides otherwise.
851.055(2)(2) Was acquired while the spouses were married.
851.055(3)(3) Would have been classified as marital property under ch. 766 if the property had been acquired when ch. 766 applied.
851.055 HistoryHistory: 1985 a. 37; 1987 a. 393; 1997 a. 188; 2005 a. 216.
Notes of Decisions
Cited in 5 cases, 1992–2006 · leading case: Shovers v. Shovers, 2006 WI App 108 (Wis. Ct. App. 2006).
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Shovers v. Shovers, 2006 WI App 108 (Wis. Ct. App. 2006). · cites it 4× “She argues that, "[a]s a legatee under [their] Joint Will, Sylvia has an equitable ownership interest in the assets of Harold's estate," and that even without the joint will, she "has an interest that Soref's shares be declared part of the assets of Harold's estate based on her…”
Krueger v. Rodenberg, 527 N.W.2d 381 (Wis. Ct. App. 1994). · cites it 4× “[5] Property acquired during the marriage to which the Act does not apply, but which would have been covered by the Act had the property been acquired after its enactment, is characterized as "deferred marital property.”
Est. of Kobylski v. Hellstern, 503 N.W.2d 369 (Wis. Ct. App. 1993). · cites it 2× “Section 851.055, Stats. Any property determined not to be marital property is presumed to be deferred marital property unless the presumption is rebutted.”
In Matter of Est. of Lloyd, 487 N.W.2d 644 (Wis. Ct. App. 1992). · cites it 2× “” Section 851.055, Stats. Whether deferred marital property exists is considered only at death, and then only in the context of the two elective rights granted a surviving spouse.”
In Matter of Est. of Moccero, 483 N.W.2d 310 (Wis. Ct. App. 1992). · cites it 3× “, but was "deferred marital property," as defined in sec. 851.055, Stats. 1 Section 861.02(1), Stats.”
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