766.70 Remedies.
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/wi/chapter-766/766-70A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
766.70 Remedies.
(1)A spouse has a claim against the other spouse for breach of the duty of good faith imposed by s. 766.15 resulting in damage to the claimant spouse’s property. Except as otherwise provided in sub.
(6), no spouse may commence an action under this subsection later than 6 years after acquiring actual knowledge of the facts giving rise to the claim.
(2)Upon request of a spouse, a court may order an accounting of the spouses’ property and obligations and may determine rights of ownership in, beneficial enjoyment of or access to marital property and the classification of all property of the spouses.
(3)Upon request of a spouse, a court may order the name of the spouse added to marital property or to a document evidencing ownership of marital property held in the name of the other spouse alone except with respect to any of the following:
(a)An interest in a partnership or joint venture held by the other spouse as a general partner or as a participant.
(aL)An interest in a limited liability company held by the other spouse as a member.
(b)An interest in a professional corporation, professional association or similar entity held by the other spouse as a stockholder or member.
(c)An asset of an unincorporated business if the other spouse is the only one of the spouses involved in operating or managing the business.
(d)A corporation, the stock of which is not publicly traded. Under this paragraph, stock of a corporation is publicly traded if both of the following apply:
1. The stock is traded on a national stock exchange or quoted on the national association of securities dealers automated quotations system.
2. The employees, officers and directors of the corporation own, in the aggregate, less than 10 percent in value of the outstanding shares of the stock in the corporation.
(dm)An interest in a digital property account, as defined in s. 711.03
(1).
(e)Any other property if the addition would adversely affect the rights of a 3rd person.
(a)If marital property has been or is likely to be substantially injured by the other spouse’s gross mismanagement, waste or absence, upon request of a spouse a court may order any of the following:
1. A temporary or permanent limitation or termination of any of the other spouse’s management and control rights in marital property.
2. A change in classification of marital property.
3. A division of the obligations of the spouses existing on the date of the request, after considering the classification of the obligation under s. 766.55 and the factors specified under ss. 767.56
(1c)and 767.61 .