Wisconsin Code § 705.07

Rights of creditors
Open in Lexace · Ask the AI about this section
(1) Only the creditors of any
living party to an account may subject the entire sums on deposit
to their claims, as if such sums resulted solely from contributions
made by the debtor party. If a joint or P.O.D. account requires the
signatures of all of the parties for purposes of withdrawal, such
account shall not be subject to the claims of creditors of a debtor
party to the extent of the net contributions of the other parties to
the account. Such other parties shall have the burden of proving
their net contributions by clear and convincing evidence.
(2) For purposes of ch. 242, a debtor party shall be deemed to
have made a transfer only at the time some other party withdraws
all or part of the sums on deposit, or at the time of the debtor
party’s death as to sums not previously withdrawn. In the case of
a withdrawal while the debtor party is living, the sole grounds for
determining any such transfer to be voidable shall be whether the
debtor party is or will be thereby rendered insolvent under s.
242.05 (1) or whether the debtor party is engaged or is about to
engage in a business or transaction for which the assets remaining
in the debtor party’s hands after the transfer are unreasonably
small under s. 242.04 (1) (b) 1. In the case of a transfer by reason
of the death of the debtor party, the sole ground for determining
any such transfer to be voidable shall be whether the debtor
party’s estate subject to administration is insolvent under s.
242.02. For purposes of this subsection, the amount transferred
shall be deemed to consist of those assets which the creditors of
the debtor party could have made subject to their claims immediately prior to the transfer, less any sums which such creditors
could have made so subject to their claims immediately after the
transfer.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.