– from Brandon A. in Trenton, WI

Question Details:

I am in the process of going through a divorce. I do not have an attorney, but I need some help. The court is including money into the property division that is due to be paid out as interest on a personal loan. Can they do that? It technically isn't my money.

Family Law Attorney Response:

I take it this money was discovered during financial disclosure? If the money is in your possession, the court may, in fact, count it towards property division. This isn't always the case, but it is at their discretion whether or not to count it.

This is best described in the case of Laribee v. Laribee 138 Wis. 2d 46, 405 N.W.2d 679 (Ct. App. 1987). In this case, among other factors, the court included $45,000 in the property division. This money was reportedly interest to be paid on a $30,000 loan from the husband's father. The husband appealed, the court of appeals affirmed.

My advice is to contact a good family law attorney and explain the details of your case to them. Something may be done to curtail this judgment, or alleviate the financial burden which may offset the rest of the property division.

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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