767.63.Disposed assets may be subject to division.

Subch. VII: Property Division · Last amended 2005 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026

In one sentenceSection 767.63 rebuttably presumes that any asset worth $500 or more given away, wasted or unaccounted for shortly before the case was filed is still divisible property.

Full Text of Section 767.63

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In an action affecting the family, except an action to affirm marriage under s. 767.001 (1) (a), any asset with a fair market value of $500 or more that would be considered part of the estate of either or both of the parties if owned by either or both of them at the time of the action and that was transferred for inadequate consideration, wasted, given away, or otherwise unaccounted for by one of the parties within one year prior to the filing of the petition or the length of the marriage, whichever is shorter, is rebuttably presumed to be property subject to division under s. 767.61 and is subject to the disclosure requirement of s. 767.127. Transfers that resulted in an exchange of assets of substantially equivalent value need not be specifically disclosed if those assets are otherwise identified in the statement of net worth.

End

Amendment History

Wisconsin prints each section’s legislative history as a single “History” line naming every act that created or amended it, and every renumbering. It is reproduced verbatim below.

History: 1977 c. 105; 1979 c. 32 ss. 50, 92 (4); 1979 c. 352 s. 39; Stats. 1979 s. 767.275; 2005 a. 443 s. 124; Stats. 2005 s. 767.63.

Plain-English Summary

A property division is only as honest as the estate it divides, and the obvious way to shrink an estate is to empty it before anyone is looking. This section closes that door.

In any action affecting the family other than an action to affirm marriage, an asset with a fair market value of $500 or more is rebuttably presumed to be property subject to division if it would have been part of either party's estate had they still owned it, and it was transferred for inadequate consideration, wasted, given away, or otherwise unaccounted for by one of the parties.

The window. One year before the petition was filed, or the length of the marriage, whichever is shorter. A short marriage does not get a one-year look-back it could not have earned.

What follows. The asset is also subject to the disclosure requirement, so it has to be listed. The presumption is rebuttable: a party who can explain the transfer can defeat it. And there is a sensible carve-out — a transfer that exchanged assets of substantially equivalent value need not be specifically disclosed, provided the assets received are identified in the statement of net worth. Selling a car and buying another is not hiding a car.

Frequently Asked Questions

Can my spouse give away assets before a Wisconsin divorce?

They can try, but an asset worth $500 or more that was given away, wasted, transferred for inadequate consideration or otherwise unaccounted for is rebuttably presumed to still be divisible property.

How far back does the court look?

One year before the petition was filed, or the length of the marriage, whichever is shorter.

What is the dollar threshold?

A fair market value of $500 or more.

Do I have to disclose a straight swap?

Transfers that resulted in an exchange of assets of substantially equivalent value need not be specifically disclosed, so long as the assets received are otherwise identified in the statement of net worth.

Source & verification. The statutory text, official notes and history are reproduced verbatim from the Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.63), published by the Wisconsin Legislative Reference Bureau. Current through 2025 Wisconsin Act 247. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: hiding assets Wisconsin divorcedissipation of assets Wisconsin$500 asset presumption divorce767.63 disposed assets