Property Division Case Law Archives | Sterling Law Offices, S.C. Property Division Case Law Archives | Sterling Law Offices, S.C. global $post;
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Should I appeal the trial court’s division of property?

– from Charles X. in Brookfield, WI Question Details: After my wife and I went through our divorce, the trial court awarded me most assets (my wife was a secretary and I am a dentist). However, I also must make periodic payments in order to equalize the division...

Can I request a substitution of judge?

– from Jane D. in Glendale, WI Question Details: I appealed the decision of property division of my divorce. The appeals court remanded the case back to the trial court for further proceedings. Can I request a substitution of judge? I do not want the same judge...

Is goodwill a tangible asset?

– from Tammy C. in Greendale, WI Question Details: My husband and I have been married for nearly a decade. We are now discussing getting a divorce. I have a small dental practice, and he works at a garage. I make the majority of our income. He seems to think he...

Are disability payments divisible?

– from Matthew B. in Whitefish Bay, WI Question Details: Upon our divorce, my wife was awarded 50% of my retirement pension from the military. She collects when I do. However, I have opted to receive a portion of my benefits in disability payments from the V.A....

Is inherited property divisible due to hardship?

– from Kevin Y. in Oak Creek, WI Question Details: My wife and I have been married for over 40 years. Before we were married, I inherited real estate. Over the years, my health has been steadily declining. I can no longer work. My wife works, but due to her...

Is gifted stock divisible?

– from Anthony Y. in Franklin, WI Question Details: During my marriage, my mother gifted me stock in the company she owns. I have not converted the stock. I still own the stock as it was gifted to me. Is gifted stock divisible marital property? Or will the stock...

When is property division not equal?

– from Beverly X. in Greenfield, WI Question Details: My husband of 10 years and I are beginning the initial stages of divorce. We have two children. I have worked for the past 10 years doing what I love, but I do not make a lot of money doing it. My husband...

Can she motion to amend a final divorce judgment?

– from Russell Z. in Mukwonago, WI Question Details: My wife and I divorced two years ago. The final divorce judgment ordered certain provisions in regards to the distribution and division of property. My wife now feels as though the judgment is unfair...

Is my mother’s share of their home mine or his?

– from Christina O. in Summit, WI Question Details: When my mother and father got divorced, they both were found to have an equal share in the home. The court ordered them to sell the house. However, they were never given a time frame for the sale....

Is my wife entitled to my Military Pension Proceeds?

– from Daniel J. in Genesee, WI Question Details: My wife and I are getting a divorce. I haven't spoken with an attorney yet, but when it comes to the division of our marital property, is she entitled to any of my military pension? When I retire, I am planning...

Is control a basis to avoid the presumption of equality?

– from Judith E. in Lisbon, WI Question Details: I have just filed a petition for divorce. My husband has now inexplicably decided to begin investments and is now losing our money. He is essentially creating debt. It is a joint account, so I cannot stop him from...

Can I claim in the event of death?

– from Ashley D. in Shorewood, WI Question Details: I am in the midst of a divorce. My husband and I agreed that I am entitled to half of his pension. However, we cannot agree on how the pension will be paid in the event that either of us die. He claims that in...

When is gifted land divisible?

– from Randy R. in Menomonee Falls, WI Question Details: Before my marriage, I was given some land on which I built my home. During my marriage, I was gifted several other properties with homes on the land. These were gifts to me and maintained by me...

Does the postnuptial agreement still stand?

– from Ann Y. in Brown Deer, WI Question Details: My husband and I married nearly 15 years ago. We signed a postnuptial agreement early on stating that we would each walk away with the estate we had when we entered into our marriage. We were both fairly equal...

Is inherited property divisible if it is used as joint property?

– from Chris B. in Hales Corners, WI Question Details: My wife and I have been married for close to a decade. Toward the beginning of our marriage, I inherited a parcel of land. Since then, the land has been used by my wife and kids as a park and R&R area....

Is it wise to appeal the trial court’s division of property?

– from Antonio L. in Slinger, WI Question Details: I do not agree with the trial court’s division of property. The court included both my ex-wife's and my own retirement and pension rights. However, the value of each was about the same, even though my retirement...

What are the elements of unjust enrichment?

– from Gloria N. in Kewaskum, WI Question Details: When my boyfriend lived with me, my parents paid for our apartment, which cost them roughly $5,000 over the past two years. We split up, but he will not pay my parents or myself back any of that money....

Can I avoid following a previously signed prenuptial agreement?

– from Carol L. in Oak Creek, WI Question Details: My wife created a prenuptial agreement that I signed. Initially, I thought it was fair and manageable for both parties, but now a divorce may be looming in the future, and I do not agree with some of the...

Can my wife receive a percentage of future retirement funds?

– from Andrew E. in Kewaskum, WI Question Details: I have just recently started a new job and I'm also just beginning a divorce. I don't have much as far as personal property and we do not have much in terms of  joint property, either. Upon beginning my new job,...

Are railroad pensions reviewable when deciding a property division?

– from Larry V. in River Hills, WI Question Details: My wife and I went through a divorce. When dividing our marital estate, the court considered my federal railroad retirement pension and my wife’s pension. We each received our own pension from the division,...

Am I liable for my grandfather’s lien?

– from George Q. in Merton, WI Question Details: When my grandparents divorced several years ago, the court made a mortgage lien against the property that my grandfather and I owned due to a debt to my grandmother. My grandfather passed away recently making...

Do judges always believe an expert witness?

– from Jimmy H. in Germantown, WI Question Details: I am thinking about getting a divorce and wondering about the repercussions that might have. I know my marital assets will divided. However, if I used an expert witness to prove why certain assets cannot be...

Are pensions divided?

– from Catherine V. in Greendale, WI Question Details: If I go through a divorce, will my pension plan be divided between my husband and myself? Family Law Attorney Response: Pension plans can be divided based upon the divorce, length of pension plan, and other...

Will I have to pay interest on property division installments?

– from Clarence U. in Whitefish Bay, WI Question Details: I know I will have to make payments to my wife regarding our property division. However, would I be allowed to make payments in installments? And if this is allowed, will I be subject to interest per...

How do courts view stock options when dividing a marital estate?

– from Christine N. in Wauwatosa, WI Question Details: During the course of our 17-year marriage, my husband received stock options from work. Both of us invested heavily into these stock options. We now want a divorce and understand these must be split, but how...

Do gifts and property combine when they are together?

– from Bobby C. in Vernon, WI Question Details: My uncle gave me four acres of land as a gift, which I built a house on. My wife and I got married and lived in the house for three years. We are now going through a divorce and she wants the land to be...

Are my stock options divisible?

– from Kathleen T. in Hartland, WI Question Details: During my marriage, I invested in the company I have worked for since it was an upstart. I own stock options which will not mature for several more years. I am now contemplating divorce. I know most of...

Can she get a monetary award if we are not married?

– from Harry E. in Erin, WI Question Details: Before I met my ex-girlfriend, I had inherited a large sum of money. My girlfriend and I lived together for about 3 years. We kept our money in a joint account and both spent money out of it to cover living...

Is a pension attributed to work before a marriage divisible?

– from Jose G. in Hales Corners, WI Question Details: I have been married for nearly a decade.  I’ve been employed by the same company for nearly 20 years. I work in the packaging industry. I had 10 years toward my pension before I was married. My wife and...

Is accepting an award from the court waiving my right to appeal?

– from Rebecca O. in Waukesha, WI Question Details: During my divorce, I was awarded a 50/50 split of our marital estate, maintenance, and child support. I walked away with what I was given, but I think the court made an error in their calculations when...

Are we subject to marital rules if we are not married?

– from Adam C. in Brookfield, WI Question Details: My ex and I lived together for over a decade. She took on my last name, we had joint bank accounts (where I made most of the money), and we had a child together with my last name. We are no longer together, but...

Can the court decide a payout option on my pension?

– from Benjamin Y. in Hartford, WI Question Details: I am in the process of getting a divorce. My pension is on the table for property division. My wife is asking that she be able to choose a payout option after my retirement. Shouldn't I be the one who chooses...

Does a trial court have jurisdiction over tribal land?

– from Angela B. in Kewaskum, WI Question Details: My husband and I are Native American. We are beginning the first stages of our divorce. Our home is within the boundaries of a reservation. My question is: when it comes to property division, does the court...

Does my husband’s abandonment of me affect property division?

– from Nancy C. in Merton, WI Question Details: My husband and I have technically been married for seven years. However, he walked out on me over two years ago without saying a word. I recently found out that he is living about 35 miles from me with another...

Are my disability checks subject to marital distribution?

– from Carl R. in Pewaukee, WI Question Details: I was a construction worker for several decades before I had an unrelated accident that prevented me from working. I receive disability checks now as my sole income. My wife and I are in the beginning stages...

Do I incur the cost of liquidation?

– from Peter N. in New Berlin, WI Question Details: I am going through a divorce. The bulk of my estate (real estate, business practice, etc.) is considered divisible marital property. I know this, but I do not see how we can have a 50/50 split if the cost of...

Can I get a stay of enforcement of property division?

– from Patrick M. in West Waukesha, WI Question Details: I believe the court made a mistake when they made a decision concerning property division and I think that I can prove it. Can I request a stay of enforcement pending an appeal? Family...

Will my prenuptial agreement hold up in court?

– from Kevin O. in Glendale, WI Question Details: When we first met, my wife and I both owned separate residences. Before we were married, we agreed to a prenuptial agreement, and then sold our residences. Our proceeds went into our personal...

Is a gift of real estate considered marital property?

– from Robin L. in Whitefish Bay, WI Question Details: During my marriage, my mother gifted me some real estate. It was not an inheritance. She just wanted me to have a portion of her real estate so I could begin to make my own money. I then sold the real estate...

Is our prenuptial agreement final?

– from Steven H. in Franklin, WI Question Details: My wife and I entered into a prenuptial agreement months before we married. This prenuptial agreement barred her from receiving any of the property that was mine before we were married. She now feels that the...

The marriage is off, but will I get the engagement ring back?

– from Paul A. in Wales, WI Question Details: I was dating a woman for several months when we decided to get engaged. I bought an expensive engagement ring with money I couldn't really afford to spend to show my love for her. We remained engaged for several more...

Which areas of his business will be divided?

– from Annie C. in North Prairie, WI Question Details: I am just beginning divorce negotiations with my husband. So far it has been amicable (to an extent, of course). The areas of tension tend to fall around his business. We have agreed on maintenance and...

Is my pension counted as marital property or income?

– from Donald D. in Milwaukee, WI Question Details: I am currently going through a divorce. My wife and I have substantial joint assets. When discussing the division of property, she agreed that my pension should be excluded from the property division. She is...

What is the Wisconsin test for unfair prenuptial agreements?

– from Norma R. in Hartland, WI Question Details: My husband and I signed a prenuptial agreement. Now that we are on the verge of the divorce, I want to back out of the agreement. What does Wisconsin do in order to figure out whether the...

Are prenuptial agreements ever void?

– from Antonio K. in Newburg, WI Question Details: My wife and I signed a prenuptial agreement which we both thought was fair. We are now looking at getting a divorce, and my wife thinks the prenuptial agreement is unfair. We both signed and understood what the...

Which court has jurisdiction for the ruling of a home ownership?

– from Tina K. in Wayne, WI Question Details: My husband and I were divorced several years ago. The court ordered that upon remarriage or death (or voluntary sale of the home), It was to be sold and the money from the sale split 50/50. My ex-husband recently...

Will my husband and I receive equal property division?

– from Ruby F. in Polk, WI Question Details: My husband and I created a business together at the beginning of our marriage. Our business has skyrocketed in terms of growth and success, however our marriage has not. Even though we started the business jointly, my...

I want a gift excluded from the marital estate, is this possible?

– from Shawn Z. in Hartford, WI Question Details: When my parents passed away, they left to me their boat. My wife and I have used it together a few times, however we always said it was my boat and not the family’s. As a result, I have been the only person...

Can my maintenance change based off a new law?

– from Wanda W. in River Hills, WI Question Details: My husband and I went through a divorce pro se. During the property division, the trial court decided to leave out my husband’s military pension. Originally I had no problem with that, but I then realized one...

When is a prenuptial agreement viewed as one-sided?

– from Craig U. in Fox Point, WI Question Details: Before our marriage, my wife and I created and signed a prenuptial agreement. We are on the brink of a divorce, and I want to make sure the agreement will still go into effect. When is a prenuptial agreement...

Can I be ordered to pay my ex wife’s attorney fees in a divorce?

– from Jesse S. in St. Francis, WI Question Details: My wife and I are getting a divorce, but she wants me to pay for her attorney fees. This is absurd. I'm not paying for her attorney fees. She also wants me to agree to giving her the majority of our marital...

Will the court complete the transfer of a lien I have set up?

– from Kathryn K. in Oak Creek, WI Question Details: My husband and I went through a divorce two years ago. My husband owned a piece of land with our grandson. During the divorce, my husband received his interest in the land but there was a lien on the land as a...

Can the court take away already awarded support?

– from Rachel E. in North Prairie, WI Question Details: My husband and I just recently went through a divorce. During our nine-year marriage, I did not work as my husband made enough through his own job. My husband’s job created a pension for him, which the...

If I donated my old property to my family, is it considered a gift?

– from Randy Z. in Summit, WI Question Details: My wife and I are filing a divorce. When we initially began our marriage, we used my car to travel. The car was completely paid off when our marriage began. We have used it since but never changed the title over....

Are retirement plans included in marital estate?

– from Fred R. in Hartland, WI Question Details: I have a retirement plan set up from my job, there is not much in it and I have not touched it yet. Will this be included in my marital estate when looking at property division? Family Law Attorney Response:...

Do I have to return my engagement ring?

– from Irene O. in Oconomowoc, WI Question Details: My fiancé proposed to me in October. We set our wedding date for August 2nd and had everything booked. I found out last month he cheated on me multiple times. I broke off the engagement and now he wants the...

After my ex-husband’s death, am I the sole owner of our house?

– from Tammy J. in Waukesha, WI Question Details: My ex-husband and I went through a divorce. The court ordered us to sell our home. While we were waiting on an offer, my ex-husband died. Our daughter was appointed special administrator of his estate. My...

Is a federal railroad retirement pension divisible upon divorce?

– from Keith T. in West Bend, WI Question Details: I have been married for over 30 years, but we are now parting ways. Before we begin any proceedings, I want to know if my federal railroad retirement pension can be divided as a part of our marital property?...

Can the court change their decision on property division?

– from Rose Q. in Bayside, WI Question Details: My husband and I filed for a divorce and went through the property division making it fair and equitable. The court looked at both mine and my husband’s jobs for division; he is a contractor and I am a teacher....

How is a marital asset distinguished?

– from Joan N. in St. Francis, WI Question Details: My husband and I were married for 20 years. In 2006 he inherited a lake-house. Together, the two of us worked diligently to clean up the lake-house in an effort to put it on the market. However, in 2008 we...

Should my benefits be included in property division?

 – from Katherine L. in Glendale, WI Question Details: My husband and I are going through a divorce. I have a pension set up and am wondering if it should be included in the marital estate. Family Law Attorney Response: Thank you for your question. A...

What does it mean if an appeal is moot?

– from Jonathan J. in Greendale, WI Question Details: I’m considering appealing a trial court’s decision to make me pay my wife a lump sum after our property division, but I know appeals are expensive and I’m just wondering what happens if the appeal is ruled...

Is my husbands pension considered a divisible property or asset?

– from Evelyn F. in Oak Creek, WI Question Details: I am currently seeking a divorce from my husband of eight years. We have a daughter, four years old. We agree that I will receive custody, but we are in disagreement on many issues. One of those issues is a...

Are the facts the trial court finds permanent?

 – from Joe B. in West Allis, WI Question Details: During my marriage with my wife, my mother passed down to me the deed to her lake house. The trial court included the value of the lake house in the marital estate as it was claimed to be an undivided...

Should I have to pay for my wife’s attorney’s fees?

 – from Roger Z. in North Prairie, WI Question Details: My wife and I were married for 14 years. During the first two years of marriage, I was in school for my M.B.A. and my wife worked full-time. We now have three minor children and my wife has been a...

Are my husband’s business debts considered my debts?

 – from Teresa Y. in Dousman, WI Question Details: My husband and I are getting divorced. Before we begin filing any paperwork, we are discussing the division of our marital estate. He is claiming that it doesn't matter if the debts accrued are a part of...

Is my inherited property divisible marital property?

 – from Diane U. in Summit, WI Question Details: I have been married for almost 15 years. About 10 years ago my mother passed, leaving me her home and two others. My husband and I took residence in the home and rented out the other two. He did most of the...

Is a trial court’s decision on property division final?

 – from Arthur R. in Vernon, WI Question Details: My wife and I filed for a divorce eight years ago. The judge initially gave a property settlement to her in the sum of $5,000. However it was never finalized as we decided to try and make our marriage work...