Is a home's original value considered in Wisconsin divorces? | Sterling Law Offices, S.C. global $post;
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 – from Julie W. in Merton, WI

Question Details:

I have been married for many years. Early on, I inherited my father’s home when he passed. My husband and I still live in the home. The value of the home has more than quadrupled since I first inherited it. The home has always been in my name alone. We are now getting a divorce. Is the original value, or its current value going to be considered as divisible property?

Family Law Attorney Response:

Inherited property goes back and forth in courtrooms as to its divisibility. There really are a lot of factors that go into the actual decision as to inherited properties standing, including both parties accrued interest into the property. In the case of Plachta v. Plachta, 118 Wis. 2d 329, 348 N.W.2d 193 (Ct. App. 1984), a similar situation occurred. The court decided that even though the husband performed standard maintenance or upkeep on the house, his efforts were not proven to be the contributors of the home’s increased value. The home’s original value of $6,000 was the value considered for the property division.

Contact a family law attorney and explain the specifics of the details. He/she would be better able to advise you on the best course of action, and better explain the possible outcome.

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

Managing Partner

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