- Law Offices of Maxwell Charles Livingston
Question: My husband inherited some land while we were married about 12 years ago. We have been married 22 years. I have a home that was paid for but have done some work on it.. Its a rental and all my furniture and things i had before being married what do they count as. He had no furniture, only a new truck with payments. How does this work? I haven’t been able to work at all this last year and not much the year before. I have been going through counseling and in the hospital twice. Breakdown from all his cheating. How do i go about getting some maintenance? He does not want to give me any of his retirement.
Answer: Well, that’s a good question.
For the most part, in a community property state like Wisconsin, property transfers 50/50. Exceptions include property received before marriage or property received by one spouse only as an inheritance or gift.
Hence, the inheritance, if to your spouse only, would be excluded as “separate property” of your husband. If you separately own a home, the question regarding that home is whether there were any payments from community property used toward that home. As to maintenance, you were married for a long time (22 years). So, if he can afford to pay, and you require payment, it is highly likely you would receive maintenance and likely it would be permanent. Finally, if his retirement was earned during marriage, that should be subject to 50/50 distribution as well. Best regards. Email if you need further assistance in this matter.
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