From Common Law Property to Community Property: Wisconsin's Marital Property Law Four Years Later

39 Pages Posted: 24 Sep 2014

See all articles by Howard S. Erlanger

Howard S. Erlanger

University of Wisconsin Law School

June Weisberger

University of Wisconsin Law School

Date Written: 1990

Abstract

As an aid to the common law property states which are considering the adoption of UMPA and those community property states which are considering adoption of specific UMPA rules, this Article reviews the Wisconsin experience under WMPA. Part I briefly describes the events which produced Wisconsin's version of UMPA and it's subsequent amendments, and identifies the major differences between UMPA and WMPA. Part II describes the differences between WMPA and Wisconsin's divorce law, some confusion about the interrelationship between these two different areas of law, and the contents of a current legislative proposal to clarify the relationship between the WMPA rules (which govern rights during marriage and at death) and the separate rules governing divorce. Part III discusses the impact of WMPA upon two major issues regarding credit: the granting of consumer credit by financial institutions and the collection practices of the Internal Revenue Service for obligations arising before marriage of during periods of marriage during which WMPA did not apply. Part IV reviews issues in an important new area of law encouraged by WMPA: the drafting and enforcement of marital property agreements. Part V discusses some current concerns which may result in further amendments to WMPA. Part VI summarizes some implications of the Wisconsin experience for other jurisdictions.

Suggested Citation

Erlanger, Howard S. and Weisberger, June, From Common Law Property to Community Property: Wisconsin's Marital Property Law Four Years Later (1990). Wisconsin Law Review, p. 769, 1990; Univ. of Wisconsin Legal Studies Research Paper No. 1290. Available at SSRN: https://ssrn.com/abstract=2500403

Howard S. Erlanger (Contact Author)

University of Wisconsin Law School ( email )

975 Bascom Mall
Madison, WI 53706
United States

HOME PAGE: http://www.law.wisc.edu/facstaff/biog.php?iID=266

June Weisberger

University of Wisconsin Law School ( email )

975 Bascom Mall
Madison, WI 53706
United States

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