Is Wisconsin a community property state?

1. Dividing property at divorce

   The court presumes that property other than gifts and inheritances is divided equally, but may alter that division without regard to marital misconduct after considering listed factors.^[1]

   “The court shall presume that all property not described in sub. (2) (a) is to be divided equally between the parties, but may alter this distribution without regard to marital misconduct after considering all of the following …”^[1]

   Wis. Stat. § 767.61(3) · checked October 26, 2026

2. Marital property

   All property of spouses is marital property unless the Marital Property Act classifies it otherwise, and all property of spouses is presumed to be marital property.^[2]

   “All property of spouses is marital property except that which is classified otherwise by this chapter and that which is described in sub. (8).”^[2]

   Wis. Stat. § 766.31(1) · checked October 26, 2026

3. Individual property

   Property acquired during the marriage (after the determination date) is a spouse's individual property if acquired by listed means, such as a gift or inheritance from a third person to that spouse alone.^[2]

   “Property acquired by a spouse during marriage and after the determination date is individual property if acquired by any of the following means …”^[2]

   Wis. Stat. § 766.31(7) · checked October 26, 2026

Not legal advice. Plain-English summaries of Wisconsin’s statutes as of the date shown on each, with the text quoted. Whether a particular asset is marital, community or separate depends on the facts, and courts apply the law case by case. Read the linked source or ask a lawyer licensed in Wisconsin.