Are the facts the trial court find permanent in Wisconsin? | Sterling Law Offices, S.C. global $post;
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 – 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 interest by gift. Am I allowed to appeal this?

Family Law Attorney Response:

Although possible, the likelihood of reversing a trial court’s property division fact finding is small.

In the case of Herlitzke v. Herlitzke, 102 Wis.2d 490, 307 N.W.2d 307 (Ct. App. 1981), the court of appeals sustained the trial courts findings. The court of appeals will sustain finding unless the findings are against great weight and clear preponderance of the evidence. If multiple inferences can be made from the evidence, the Court of Appeals is obligated to support the trial court.

I hope this answers your questions, if you feel I may be missing something give me a call so we can discuss this question further.

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

Managing Partner

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