Section 861.01 - Ownership of marital property at death(1) SURVIVING SPOUSE'S ONE-HALF INTEREST IN MARITAL PROPERTY. Upon the death of either spouse, the surviving spouse retains his or her undivided one-half interest in each item of marital property. The surviving spouse's undivided one-half interest in each item of marital property is not subject to administration. Ownership and management and control rights are set forth under ss. 857.01 and 857.015.(2) INTEREST OF A 3RD PARTY IN MARITAL PROPERTY. A 3rd party who is a successor in interest to all or part of the decedent's 50 percent interest in marital property is a tenant in common with the surviving spouse.(3m) PERSONAL INJURY DAMAGES; LOST EARNINGS. Section 766.31(7m) determines the rights of a surviving spouse to that part of a personal injury claim that represents future lost earnings of the surviving spouse.(4) ENFORCEMENT OF SURVIVING SPOUSE'S MARITAL PROPERTY RIGHTS IN NONPROBATE ASSETS. Section 766.70 applies to enforcement of a surviving spouse's marital property rights in nonprobate assets.(5) DIVISION OF MARITAL PROPERTY ON AGGREGATE BASIS. Section 766.31(3) (b) determines how marital property may be divided upon the death of a spouse.1983 a. 186; 1985 a. 37; 1987 a. 393; 2005 a. 216. New probate and non-probate property elections under Wisconsin's marital property act. Erlanger and Weisberger. WBB Oct. and Nov. 1986. Wisconsin's New Probate Code. Erlanger. Wis. Law. Oct. 1998.