– from Bobby C. in Vernon, WI

Question Details:

My uncle gave me four acres of land as a gift, which I built a house on. My wife and I got married and lived in the house for three years. We are now going through a divorce and she wants the land to be included with the house for property division, however the land was a gift to me and should be excluded. Do the courts combine property when it is built on gifted land?

Family Law Attorney Response:

I would like to hear more details regarding the property and your intent with the land.

The court in Schwegler v. Schwegler, 142 Wis. 2d 362, 417 N.W.2d 420 (Ct. App. 1987) decided that when a piece of land is gifted to a person and property is build onto that land, the two can be separated at the time of divorce. However, the separation is not certain. The court will look into the rest of the facts surrounding the case.

Give me a call to set up a consultation to discuss more details.

Dan Exner, J.D.

Family Law Attorney

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