Does the Marital Property Act Supersede Property Division Statutes?
The Marital Property Act only has to do with a spouse's ownership of property during the marriage and at the time of death. It has nothing to do with property division at the dissolution of a marriage.
This is seen in the case of Kuhlman v. Kuhlman 146 Wis. 2d 588, 432 N.W.2d 295 (Ct. App. 1988). Here, the trial court made a decision citing that the Marital Property Act superseded the division of property statutes concerning a couple's farm with a land contract from the husband's mother. The wife appealed, and the court of appeals reversed the trial court's decision.
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References: Kuhlman v. Kuhlman