– 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. Will the car be considered a gift for my family or is it still considered mine?

Family Law Attorney Response:

When looking at what is considered a gift, the essential element is the intent of the donor.

In Wierman v. Wierman, 130 Wis.2d 425, 387 N.W.2d 744 (1986), a husband’s gift was found to be excluded as the finding of fact looked at the intent of the husband. The circuit court’s finding of fact concerning the transferor’s intent will be sustained unless clearly erroneous. When someone’s interest is attributed to an independent source from the marriage, this interest cannot be considered in the marital estate.

Give me a call to discuss more about your length of marriage and car.

Dan Exner, J.D.

Family Law Attorney

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