AB417,32,2217 182.004 (6) Stock may be issued and leases made to husband and wife spouses,
18and to the survivor of them, in which event title shall descend the same as in like
19conveyances of real property subject to ch. 766. Otherwise, title to the stock and lease
20shall descend to the persons to whom a homestead of the stockholder would descend
21except as provided in ch. 766. The interest of a tenant in the lease and stock shall
22be exempt from execution to the same extent as a homestead in real estate.
AB417,97 23Section 97 . 250.04 (3) (a) of the statutes is amended to read:
AB417,33,224 250.04 (3) (a) The department shall establish and maintain surveillance
25activities sufficient to detect any occurrence of acute, communicable , or chronic

1diseases and threat of occupational or environmental hazards, injuries, or changes
2in the health of mothers parents and children.
AB417,98 3Section 98. 301.12 (2) of the statutes is amended to read:
AB417,33,254 301.12 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
5including a person placed under s. 938.183, 938.32 (1) (bm) or (c), 938.34 (4h) or (4m),
6or 938.357 (1), (2m), (4), or (5) (e), receiving care, maintenance, services, and supplies
7provided by any institution in this state operated or contracted for by the
8department, in which the state is chargeable with all or part of the person's care,
9maintenance, services, and supplies, and the person's property and estate, including
10the homestead, and the spouse of the person, and the spouse's property and estate,
11including the homestead, and, in the case of a minor child, the parents of the person,
12and their property and estates, including their homestead, and, in the case of a
13foreign child described in s. 48.839 (1) who became dependent on public funds for his
14or her primary support before an order granting his or her adoption, the resident of
15this state appointed guardian of the child by a foreign court who brought the child
16into this state for the purpose of adoption, and his or her property and estate,
17including his or her homestead, shall be liable for the cost of the care, maintenance,
18services, and supplies in accordance with the fee schedule established by the
19department under s. 301.03 (18). If a spouse, widow surviving spouse, or minor, or
20an incapacitated person, may be lawfully dependent upon the property for his or her
21support, the court shall release all or such part of the property and estate from the
22charges that may be necessary to provide for that person. The department shall
23make every reasonable effort to notify the liable persons as soon as possible after the
24beginning of the maintenance, but the notice or the receipt of the notice is not a
25condition of liability.
AB417,99
1Section 99. 301.50 (1) of the statutes is amended to read:
AB417,34,112 301.50 (1) In this section, “substantial parental relationship" means the
3acceptance and exercise of significant responsibility for the daily supervision,
4education, protection, and care of the child. In evaluating whether an individual has
5had a substantial parental relationship with the child, factors that may be
6considered include, but are not limited to, whether the individual has expressed
7concern for or interest in the support, care, or well-being of the child; whether the
8individual has neglected or refused to provide care or support for the child; and
9whether, with respect to an individual who is or may be the father a parent of the
10child, the individual has expressed concern for or interest in the support, care, or
11well-being of the mother during her pregnancy.
AB417,100 12Section 100. 700.19 (2) of the statutes is amended to read:
AB417,34,2013 700.19 (2) Husband and wife Spouses. If persons named as owners in a
14document of title, transferees in an instrument of transfer, or buyers in a bill of sale
15are described in the document, instrument, or bill of sale as husband and wife
16married to each other, or are in fact husband and wife married to each other, they are
17joint tenants, unless the intent to create a tenancy in common is expressed in the
18document, instrument, or bill of sale. This subsection applies to property acquired
19before January 1, 1986, and, if ch. 766 does not apply when the property is acquired,
20to property acquired on or after January 1, 1986.
AB417,101 21Section 101. 705.01 (4) of the statutes is amended to read:
AB417,35,222 705.01 (4) “Joint account" means an account, other than a marital account,
23payable on request to one or more of 2 or more parties whether or not mention is made
24of any right of survivorship. “Joint account" also means any account established with
25the right of survivorship on or after January 1, 1986, by 2 parties who claim to be

1husband and wife married to each other, which is payable on request to either or both
2of the parties.
AB417,102 3Section 102. 705.01 (4m) of the statutes is amended to read:
AB417,35,94 705.01 (4m) “Marital account" means an account established without the right
5of survivorship on or after January 1, 1986, by 2 parties who claim to be husband and
6wife
married to each other, which is payable on request to either or both of the parties
7and which is designated as a marital account. An account established by those
8parties with the right of survivorship under s. 766.58 (3) (f) or 766.60 is a joint
9account.
AB417,103 10Section 103. 706.09 (1) (e) of the statutes is amended to read:
AB417,35,1711 706.09 (1) (e) Marital interests. Homestead of the spouse of any transferor of
12an interest in real estate, if the recorded conveyance purporting to transfer the
13homestead states that the person executing it is single, unmarried , or widowed a
14surviving spouse
or fails to indicate the marital status of the transferor, and if the
15conveyance has, in either case, appeared of record for 5 years. This paragraph does
16not apply to the interest of a married person who is described of record as a holder
17in joint tenancy or of marital property with that transferor.
AB417,104 18Section 104 . 765.001 (2) of the statutes is amended to read:
AB417,36,1119 765.001 (2) Intent. It is the intent of chs. 765 to 768 to promote the stability
20and best interests of marriage and the family. It is the intent of the legislature to
21recognize the valuable contributions of both spouses during the marriage and at
22termination of the marriage by dissolution or death. Marriage is the institution that
23is the foundation of the family and of society. Its stability is basic to morality and
24civilization, and of vital interest to society and the state. The consequences of the
25marriage contract are more significant to society than those of other contracts, and

1the public interest must be taken into account always. The seriousness of marriage
2makes adequate premarital counseling and education for family living highly
3desirable and courses thereon are urged upon all persons contemplating marriage.
4The impairment or dissolution of the marriage relation generally results in injury
5to the public wholly apart from the effect upon the parties immediately concerned.
6Under the laws of this state, marriage is a legal relationship between 2 equal
7persons, a husband and wife, who owe to each other mutual responsibility and
8support. Each spouse has an equal obligation in accordance with his or her ability
9to contribute money or services or both which are necessary for the adequate support
10and maintenance of his or her minor children and of the other spouse. No spouse may
11be presumed primarily liable for support expenses under this subsection.
AB417,105 12Section 105 . 765.01 of the statutes is amended to read:
AB417,36,16 13765.01 A civil contract. Marriage, so far as its validity at law is concerned,
14is a civil contract, to which the consent of the parties capable in law of contracting
15is essential, and which creates the legal status of husband and wife spouse to each
16other
.
AB417,106 17Section 106. 765.02 (3) of the statutes is created to read:
AB417,36,1918 765.02 (3) Marriage may be contracted between persons of the same sex or
19different sexes.
AB417,107 20Section 107 . 765.03 (1) of the statutes is amended to read:
AB417,37,621 765.03 (1) No marriage shall be contracted while either of the parties has a
22husband or wife spouse living, nor between persons who are nearer of kin than 2nd
23cousins except that marriage may be contracted between first cousins where the if
24a
female party has attained the age of 55 years or where if either party, at the time
25of application for a marriage license, submits an affidavit signed by a physician

1stating that either party is permanently sterile or that the 2 parties are otherwise
2permanently biologically incapable of producing a child together
. Relationship
3under this section shall be computed by the rule of the civil law, whether the parties
4to the marriage are of the half or of the whole blood. A marriage may not be
5contracted if either party has such want of understanding as renders him or her
6incapable of assenting to marriage.
AB417,108 7Section 108. 765.16 (1m) (intro.) of the statutes is amended to read:
AB417,37,138 765.16 (1m) (intro.) Marriage may be validly solemnized and contracted in this
9state only after a marriage license has been issued therefor, and only by the mutual
10declarations of the 2 parties to be joined in marriage that they take each takes the
11other as husband and wife his or her spouse, made before an authorized officiating
12person and in the presence of at least 2 competent adult witnesses other than the
13officiating person. The following are authorized to be officiating persons:
AB417,109 14Section 109. 765.16 (1m) (c) of the statutes is amended to read:
AB417,37,1815 765.16 (1m) (c) The 2 parties themselves, by mutual declarations that they
16take
each takes the other as husband and wife his or her spouse, in accordance with
17the customs, rules, and regulations of any religious society, denomination, or sect to
18which either of the parties may belong.
AB417,110 19Section 110. 765.23 of the statutes is amended to read:
AB417,38,9 20765.23 Immaterial irregularities otherwise. No marriage hereafter
21contracted shall be void either by reason of the marriage license having been issued
22by a county clerk not having jurisdiction to issue the same; or by reason of any
23informality or irregularity of form in the application for the marriage license or in
24the marriage license itself, or the incompetency of the witnesses to such marriage;
25or because the marriage may have been solemnized in a county other than the county

1prescribed in s. 765.12, or more than 30 days after the date of the marriage license,
2if the marriage is in other respects lawful and is consummated with the full belief
3on the part of the persons so married, or either of them, that they have been lawfully
4joined in marriage. Where a marriage has been celebrated in one of the forms
5provided for in s. 765.16 (1m), and the parties thereto have immediately thereafter
6assumed the habit and repute of husband and wife a married couple, and having
7continued the same uninterruptedly thereafter for the period of one year, or until the
8death of either of them, it shall be deemed that a marriage license has been issued
9as required by ss. 765.05 to 765.24 and 767.803.
AB417,111 10Section 111 . 765.24 of the statutes is amended to read:
AB417,38,24 11765.24 Removal of impediments to subsequent marriage. If a person
12during the lifetime of a husband or wife spouse with whom the marriage is in force,
13enters into a subsequent marriage contract in accordance with s. 765.16, and the
14parties thereto live together thereafter as husband and wife a married couple, and
15such subsequent marriage contract was entered into by one of the parties in good
16faith, in the full belief that the former husband or wife spouse was dead, or that the
17former marriage had been annulled, or dissolved by a divorce, or without knowledge
18of such former marriage, they the parties shall, after the impediment to their
19marriage has been removed by the death or divorce of the other party to such former
20marriage, if they continue to live together as husband and wife a married couple in
21good faith on the part of one of them, be held to have been legally married from and
22after the removal of such impediment and the issue of any children born during such
23subsequent marriage shall be considered as the marital issue children of both
24parents parties.
AB417,112 25Section 112 . 765.30 (3) (a) of the statutes is amended to read:
AB417,39,9
1765.30 (3) (a) Penalty for unlawful solemnization of marriage. Any officiating
2person who solemnizes a marriage unless the contracting parties have first obtained
3a proper marriage license as heretofore provided; or unless the parties to such
4marriage declare that they take each takes the other as husband and wife his or her
5spouse
; or without the presence of 2 competent adult witnesses; or solemnizes a
6marriage knowing of any legal impediment thereto; or solemnizes a marriage more
7than 30 days after the date of the marriage license; or falsely certifies to the date of
8a marriage solemnized by the officiating person; or solemnizes a marriage in a county
9other than the county prescribed in s. 765.12.
AB417,113 10Section 113 . 766.587 (7) (form) 9. of the statutes is amended to read:
AB417,39,1511 766.587 (7) (form) 9. BOTH SPOUSES MUST SIGN THIS AGREEMENT. IF
12SIGNED BEFORE JANUARY 1, 1986, IT IS EFFECTIVE ON JANUARY 1, 1986,
13OR THE DATE THE PARTIES MARRY, WHICHEVER IS LATER. IF SIGNED ON
14OR AFTER JANUARY 1, 1986, IT IS EFFECTIVE ON THE DATE SIGNED OR THE
15DATE THE PARTIES MARRY, WHICHEVER IS LATER.
AB417,39,1716 STATUTORY INDIVIDUAL
17 PROPERTY CLASSIFICATION AGREEMENT
AB417,39,1818 (Pursuant to Section 766.587, Wisconsin Statutes)
AB417,39,2019 This agreement is made and entered into by .... and ...., (husband and wife who
20are married
) (who intend to marry) (strike one).
AB417,39,2421 The parties to this agreement agree to classify all their property, including
22property owned by them now and property acquired before January 1, 1987, as the
23individual property of the owning spouse, and agree that ownership of their property
24shall be determined as if it were December 31, 1985.
AB417,39,2525 This agreement terminates on January 1, 1987.
AB417,40,1
1Signature .... Date ....
AB417,40,22 Print Name Here: ....
AB417,40,33 Address: ....
AB417,40,44 Signature .... Date ....
AB417,40,55 Print Name Here: ....
AB417,40,66 Address: ....
AB417,40,87 [Note: Each spouse should retain a copy of the agreement for himself or
8herself.]
AB417,114 9Section 114 . 766.588 (9) (form) 13. of the statutes is amended to read:
AB417,40,1310 766.588 (9) (form) 13. IF AFTER ENTERING INTO THIS AGREEMENT ONE
11OR BOTH OF YOU ESTABLISH A DOMICILE OUTSIDE THIS STATE, YOU ARE
12URGED TO SEEK LEGAL ADVICE CONCERNING THE CONTINUED
13EFFECTIVENESS OF THIS AGREEMENT.
AB417,40,14 14Statutory terminable marital
AB417,40,15 15Property classification agreement
AB417,40,1616 (Pursuant to Section 766.588, Wisconsin Statutes)
AB417,40,2017 This agreement is entered into by .... and .... (husband and wife who are
18married
) (who intend to marry) (strike one). The parties hereby classify all of the
19property owned by them when this agreement becomes effective, and property
20acquired during the term of this agreement, as marital property.
AB417,40,2421 One spouse may terminate this agreement at any time by giving signed notice
22of termination to the other spouse. Notice of termination by a spouse is given upon
23personal delivery or when sent by certified mail to the other spouse's last-known
24address. The agreement terminates 30 days after such notice is given.
AB417,41,5
1The parties (have) (have not) (strike one) completed Schedule “A", “Financial
2Disclosure", attached to this agreement. If Schedule “A" has not been completed, the
3duration of this agreement is 3 years after both parties have signed the agreement.
4If Schedule “A" has been completed, the duration of this agreement is not limited to
53 years after it is signed.
AB417,41,146 IF THE DURATION OF THIS AGREEMENT IS NOT TO BE LIMITED TO 3
7YEARS, MAKE SURE SCHEDULE “A", “FINANCIAL DISCLOSURE", IS
8COMPLETED AND THAT YOU HAVE REVIEWED THE SCHEDULE BEFORE
9SIGNING THE AGREEMENT. IF YOU AND YOUR SPOUSE HAVE PREVIOUSLY
10ENTERED INTO A STATUTORY TERMINABLE MARITAL PROPERTY
11CLASSIFICATION AGREEMENT WITH EACH OTHER WHICH WAS
12EFFECTIVE DURING YOUR PRESENT MARRIAGE AND YOU AND YOUR
13SPOUSE DID NOT COMPLETE SCHEDULE “A", YOU MAY NOT EXECUTE THIS
14AGREEMENT IF YOU DO NOT COMPLETE SCHEDULE “A".
AB417,41,1515 Signature of One Spouse: ....
AB417,41,1616 Date: ....
AB417,41,1717 Print Name Here: ....
AB417,41,1818 Residence Address: ....
AB417,41,1919 (Make Sure Your Signature is Authenticated or Acknowledged Below.)
AB417,41,20 20Authentication
AB417,41,2121 Signature .... authenticated this .... day of ...., .... (year)
AB417,41,2222 *....
AB417,41,2323 TITLE: MEMBER STATE BAR OF WISCONSIN
AB417,41,2424 (If not, .... authorized by s. 706.06, Wis. Stats.)
AB417,41,25 25Acknowledgment
AB417,42,1
1STATE OF WISCONSIN   )
AB417,42,22 )   ss.
AB417,42,33 .... County   )
AB417,42,64 Personally came before me this .... day of ...., .... (year) the above named .... to
5me known to be the person who executed the foregoing instrument and acknowledge
6the same.
AB417,42,77 *....
AB417,42,88 Notary Public ...., .... County, Wisconsin.
AB417,42,99 My Commission is permanent.
AB417,42,1010 (If not, state expiration date: ...., .... (year))
AB417,42,1111 (Signatures may be authenticated or
AB417,42,1212 acknowledged. Both are not necessary.)
AB417,42,1313 *Names of persons signing in any capacity should be
AB417,42,1414 typed or printed below their signatures.
AB417,42,1515 Signature of Other Spouse: ....
AB417,42,1616 Date: ....
AB417,42,1717 Print Name Here: ....
AB417,42,1818 Residence Address: ....
AB417,42,1919 (Make Sure Your Signature is Authenticated or Acknowledged Below.)
AB417,42,20 20Authentication
AB417,42,2121 Signature .... authenticated this .... day of ...., .... (year)
AB417,42,2222 *....
AB417,42,2323 TITLE: MEMBER STATE BAR OF WISCONSIN
AB417,42,2424 (If not, .... authorized by s. 706.06, Wis. Stats.)
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