– from Johnny H. in Addison, WI

Question Details:

I received a gift from my parents in terms of a cottage up north near Eagle River. The property to the title is in my name and I have continuously maintained the cottage and preserved it. My wife and I are filing divorce. She wants the cottage included in our marital assets, but since it’s a gift, I don’t think it should. What factors do courts look at when deciding if an asset is a gift or not within a marriage?

Family Law Attorney Response:

Thank you for your question.

Based off the case Popp v. Popp, 146 Wis.2d 778, 432 N.W.2d 600, a two-prong test exists that must be satisfied in order to exclude an asset alleged to be gifted from the marital estate.

The two prongs are: the party asserting the gifted status must show to a reasonable certainty by the greater weight of credible evidence that the asset was gifted; the party contesting the gifted status must show that the character and identity of the property had not been preserved

Give me a call so we can discuss more details and see if your cottage should be an excluded asset.

Dan Exner, J.D.

Family Law Attorney

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