Q & A: Property Recovery at Divorce

Q & A: Property Recovery at Divorce

Name
Law Offices of Maxwell Charles Livingston
 
Brookfield
 
Wisconsin
 
53005
 

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.

My Name
Attny. Maxwell Charles Livingston
Job Title
Lawyer

48 thoughts on “Q & A: Property Recovery at Divorce

      1. 15aAdmiring the hard work you put into your blog and in depth information you prdoive. It’s great to come across a blog every once in a while that isn’t the same out of date rehashed material. Excellent read! I’ve saved your site and I’m including your RSS feeds to my Google account.

    1. I simply wanetd to thank you one more time for that amazing web-site you have developed here. It’s full of useful tips for those who are truly interested in this specific subject, primarily this very post. You really are all absolutely sweet along with thoughtful of others and reading the blog posts is an excellent delight with me. And that of a generous surprise! Jeff and I usually have fun making use of your tips in what we should do in a few days. Our checklist is a mile long and tips will definitely be put to beneficial use.

  1. Wow! You are most welcome. I’m glad I could help. If, at any point, you have suggestions for material you’d like me to add, I welcome that.

Leave a Reply

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *