Wis. Stat. § 852.09 (2026)

Assignment of home to surviving spouse or surviving domestic partner

✓ current as of July 2026

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852.09852.09 Assignment of home to surviving spouse or surviving domestic partner. If the intestate estate includes an interest in a home, assignment of that interest to the surviving spouse or surviving domestic partner is governed by s. 861.21.

852.09 HistoryHistory: 1993 a. 486; 1997 a. 188; 2009 a. 28.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1981–2023 · leading case: Julaine K. Appling v. Scott Walker, 2014 WI 96 (Wis. 2014).

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Julaine K. Appling v. Scott Walker, 2014 WI 96 (Wis. 2014). · cites it 4× “38 (1)(a)), administration and transfer of a deceased individual's estate (Wis. Stat §§ 852.09, 861.33), health care records ( Wis.”

Danelle Duncan v. Asset Recovery Specialists, Inc., 2022 WI 1 (Wis. 2022). · cites it 3× “At the time the Wisconsin Consumer Act was adopted, Black's defined "dwelling house" as "[t]he house in which a man lives with his family; a residence; abode; habitation; the apartment or building or group of buildings, occupied by a family as a place of residence.”

Reckner v. Reckner, 314 N.W.2d 159 (Wis. Ct. App. 1981). · cites it 2× “Section 852.09, Stats. This right to assignment constitutes a homestead right for purposes of probate.”

Est. of Burgess v. Peterson, 537 N.W.2d 115 (Wis. Ct. App. 1995). “(discretion to allow intervention in lawsuit if, in court's opinion, will not cause prejudice); § 852.09, Stats, (discretion to divide assets as necessary to prevent prejudice); § 901.”

Amara Gerger v. Yajaira Vanessa Avila Gerger (Wis. Ct. App. 2023). “§ 852.09 provides: “If the intestate estate includes an interest in a home, assignment of that interest to the surviving spouse or surviving domestic partner is governed by [WIS.”

— Wis. Stat. § 852.09(2) — 1 case

Danelle Duncan v. Asset Recovery Specialists, Inc., 2022 WI 1 (Wis. 2022). “At the time the Wisconsin Consumer Act was adopted, Black's defined "dwelling house" as "[t]he house in which a man lives with his family; a residence; abode; habitation; the apartment or building or group of buildings, occupied by a family as a place of residence.”

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