SB464,93,55
(Pursuant to Section 766.589, Wisconsin Statutes)
SB464,93,146
This agreement is entered into by .... and .... (
husband and wife who are
7married) (who intend to marry) (strike one). The parties hereby classify the marital
8property owned by them when this agreement becomes effective, and property
9acquired during the term of this agreement
which
that would otherwise have been
10marital property, as the individual property of the owning spouse. The parties agree
11that ownership of such property shall be determined by the name in which the
12property is held and, if property is not held by either or both spouses, ownership shall
13be determined as if the parties were unmarried persons when the property was
14acquired.
SB464,93,1815
Upon the death of either spouse the surviving spouse may, except as otherwise
16provided in a subsequent marital property agreement, and regardless of whether
17this agreement has terminated, elect against the property of the decedent spouse as
18provided in section 766.589 (7) of the Wisconsin Statutes.
SB464,93,2219
One spouse may terminate this agreement at any time by giving signed notice
20of termination to the other spouse. Notice of termination by a spouse is given upon
21personal delivery or when sent by certified mail to the other spouse's last-known
22address. The agreement terminates 30 days after such notice is given.
SB464,94,223
The parties (have) (have not) (strike one) completed Schedule “A", “
Financial
24Disclosure", attached to this agreement. If Schedule “A" has not been completed, the
25duration of this agreement is 3 years after both parties have signed the agreement.
1If Schedule “A" has been completed, the duration of this agreement is not limited to
23 years after it is signed.
SB464,94,113
IF THE DURATION OF THIS AGREEMENT IS NOT TO BE LIMITED TO 3
4YEARS, MAKE SURE THAT SCHEDULE “A", “FINANCIAL DISCLOSURE", IS
5COMPLETED AND THAT YOU HAVE REVIEWED THE SCHEDULE BEFORE
6SIGNING THE AGREEMENT. IF YOU AND YOUR SPOUSE HAVE PREVIOUSLY
7ENTERED INTO A STATUTORY TERMINABLE INDIVIDUAL PROPERTY
8CLASSIFICATION AGREEMENT WITH EACH OTHER WHICH WAS
9EFFECTIVE DURING YOUR PRESENT MARRIAGE AND YOU AND YOUR
10SPOUSE DID NOT COMPLETE SCHEDULE “A", YOU MAY NOT EXECUTE THIS
11AGREEMENT IF YOU DO NOT COMPLETE SCHEDULE “A".
SB464,94,1212
Signature of One Spouse: ....
SB464,94,1414
Print Name Here: ....
SB464,94,1515
Residence Address: ....
SB464,94,1616
(Make Sure Your Signature is Authenticated or Acknowledged Below.)
SB464,94,17
17Authentication
SB464,94,1818
Signature .... authenticated this .... day of ...., .... (year)
SB464,94,2020
TITLE: MEMBER STATE BAR OF WISCONSIN
SB464,94,2121
(If not, .... authorized by s. 706.06, Wis. Stats.)
SB464,94,22
22Acknowledgment
SB464,94,2323
STATE OF WISCONSIN
)
SB464,94,2525
.... County
)
SB464,95,3
1Personally came before me this .... day of ...., .... (year) the above named .... to
2me known to be the person who executed the foregoing instrument and acknowledge
3the same.
SB464,95,55
Notary Public ...., .... County, Wisconsin.
SB464,95,66
My Commission is permanent.
SB464,95,77
(If not, state expiration date: ...., .... (year))
SB464,95,88
(Signatures may be authenticated or
SB464,95,99
acknowledged. Both are not necessary.)
SB464,95,1010
*Names of persons signing in any capacity should be
SB464,95,1111
typed or printed below their signatures.
SB464,95,1212
Signature of Other Spouse: ....
SB464,95,1414
Print Name Here: ....
SB464,95,1515
Residence Address: ....
SB464,95,1616
(Make Sure Your Signature is Authenticated or Acknowledged Below.)
SB464,95,17
17Authentication
SB464,95,1818
Signature .... authenticated this .... day of ...., .... (year)
SB464,95,2020
TITLE: MEMBER STATE BAR OF WISCONSIN
SB464,95,2121
(If not, .... authorized by s. 706.06, Wis. Stats.)
SB464,95,22
22Acknowledgment
SB464,95,2323
STATE OF WISCONSIN
)
SB464,95,2525
.... County
)
SB464,96,3
1Personally came before me this .... day of ...., .... (year) the above named .... to
2me known to be the person who executed the foregoing instrument and acknowledge
3the same.
SB464,96,55
Notary Public ...., .... County, Wisconsin.
SB464,96,66
My Commission is permanent.
SB464,96,77
(If not, state expiration date: ...., .... (year))
SB464,96,88
(Signatures may be authenticated or
SB464,96,99
acknowledged. Both are not necessary.)
SB464,96,1010
*Names of persons signing in any capacity should
SB464,96,1111
be typed or printed below their signatures.
SB464,96,12
12Termination of
SB464,96,13
13Statutory terminable individual
SB464,96,14
14Property classification agreement
SB464,96,1515
I UNDERSTAND THAT:
SB464,96,1816
1. THIS TERMINATION TAKES EFFECT 30 DAYS AFTER MY SPOUSE IS
17NOTIFIED OF THE TERMINATION, AS PROVIDED UNDER SECTION 766.589
18(4) OF THE WISCONSIN STATUTES.
SB464,96,2319
2. THIS TERMINATION IS PROSPECTIVE; IT DOES NOT AFFECT THE
20CLASSIFICATION OF PROPERTY ACQUIRED BEFORE THE TERMINATION
21BECOMES EFFECTIVE. PROPERTY ACQUIRED AFTER THE TERMINATION
22BECOMES EFFECTIVE IS CLASSIFIED AS PROVIDED UNDER THE MARITAL
23PROPERTY LAW.
SB464,97,3
13. IN GENERAL, THIS TERMINATION IS NOT BINDING ON CREDITORS
2UNLESS THEY ARE PROVIDED A COPY OF THE TERMINATION BEFORE
3CREDIT IS EXTENDED.
SB464,97,64
The undersigned terminates the statutory terminable individual property
5classification agreement entered into by me and my spouse on .... (date last spouse
6signed the agreement) under section 766.589 of the Wisconsin Statutes.
SB464,97,77
Signature: ....
SB464,97,99
Print Name Here: ....
SB464,97,1010
Residence Address: ....
SB464,97,11
11Schedule “a"
SB464,97,12
12Financial Disclosure
SB464,97,1613
The following general categories of assets and liabilities are not all inclusive
14and if other assets or liabilities exist they should be listed. Assets should be listed
15according to which spouse has title (including assets owned by a spouse or the
16spouses with one or more third parties) and at their approximate market value.
SB464,97,17
17Husband Wife
Spouse (Name) Spouse (Name) Both Names
SB464,97,1919
A.
Real estate (gross value)
SB464,97,2020
B.
Stocks, bonds and mutual funds
SB464,97,2221
C.
Accounts at and certificates and other
22instruments issued by financial institutions
SB464,97,2423
D.
Mortgages, land contracts, promissory notes
24and cash
SB464,97,2525
E.
Partnership interests
SB464,98,1
1EL.
Limited liability company interests
SB464,98,22
F.
Trust interests
SB464,98,33
G.
Livestock, farm products, crops
SB464,98,44
H.
Automobiles and other vehicles
SB464,98,55
I.
Jewelry and personal effects
SB464,98,66
J.
Household furnishings
SB464,98,77
K.
Life insurance and annuities:
SB464,98,88
1.
Face value
SB464,98,99
2.
Cash surrender value
SB464,98,1010
L.
Retirement benefits (include value):
SB464,98,1111
1.
Pension plans
SB464,98,1212
2.
Profit sharing plans
SB464,98,1313
3.
HR-10 KEOGH plans
SB464,98,1515
5.
Deferred compensation plans
