861.01 Ownership of marital property at death.
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/wi/chapter-861/861-01-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
861.01 Ownership of marital property at death.
(1)Surviving spouse’s one-half interest in marital property. Upon the death of either spouse, the surviving spouse retains his or her undivided one-half interest in each item of marital property. The surviving spouse’s undivided one-half interest in each item of marital property is not subject to administration. Ownership and management and control rights are set forth under ss. 857.01 and 857.015 .
(2)Interest of a 3rd party in marital property. A 3rd party who is a successor in interest to all or part of the decedent’s 50 percent interest in marital property is a tenant in common with the surviving spouse.
(3m)Personal injury damages; lost earnings. Section 766.31
(7m)determines the rights of a surviving spouse to that part of a personal injury claim that represents future lost earnings of the surviving spouse.
(4)Enforcement of surviving spouse’s marital property rights in nonprobate assets. Section 766.70 applies to enforcement of a surviving spouse’s marital property rights in nonprobate assets.
(5)Division of marital property on aggregate basis. Section 766.31
(b)determines how marital property may be divided upon the death of a spouse.