– from Terry K. in Franklin, WI
My wife and I divorced in 2004. Before our divorce, we bought a cabin in Eagle River. As part of the property division, the court awarded my wife the cabin until she died, decided to sell the home (in which she would get 45% of the proceeds and I would receive 55%), or April 17, 2016, whichever came first.
She remarried in 2012 and named her husband as her sole beneficiary. She passed away. Her current husband wants to keep the cabin and will not pay me for my share nor vacate as he claims she passed the house down to him. He wants to settle this in probate court but the divorce and property division occurred in a family court. Who owns the property and what is the proper court to appear in front of?
Holly Mullin, J.D.
Family Law Attorney