{"data":{"id":"us-wi/wis.-stat.-861.01","jurisdiction":"us-wi","citation":"Wis. Stat. § 861.01","heading":"Ownership of marital property at death.","body":"(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.\n(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.\n(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.\n(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.\n(5) Division of marital property on aggregate basis. Section 766.31 (3) (b) determines how marital property may be divided upon the death of a spouse.","path":["Chs. 851-882, Probate","Chapter 861 Probate — Family Rights","SUBCHAPTER I INTEREST IN MARITAL PROPERTY"],"source_url":"https://docs.legis.wisconsin.gov/document/statutes/861.01","current_through":"2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 (published 9-4-26)","vintage":"","retrieved_at":"2026-09-05T12:01:45Z","sha256":"ff51910faae23347fd0943940942180f010765df9f4a998a59b860577acfc694","source_id":"us-wi","stale":false,"prev":"us-wi/wis.-stat.-860.13","next":"us-wi/wis.-stat.-861.015"},"notice":"GroundRules: Original legal text. Not legal advice."}