– from Peter N. in New Berlin, WI

Question Details:

I am going through a divorce. The bulk of my estate (real estate, business practice, etc.) is considered divisible marital property. I know this, but I do not see how we can have a 50/50 split if the cost of liquidation falls on me. Do I incur the costs associated with the liquidation?

Family Law Attorney Response:

It would ultimately depend on the precise wording of the final judgment. The court will consider several factors when making this decision, including cost incursion.

In the case of Ashraf v. Ashraf 134 Wis. 2d 336, 397 N.W2d 128 (Ct. App. 1986), a husband with a similar concern appealed a 50/50 split with an argument of the cost incursion associated with liquidation. The court of appeals affirmed the decision based on a brief obtained from the trial court. The brief stated, among other things, that there would be no cost incursion if the property was mortgaged instead of liquidated.

My advice is to contact an attorney to discuss your case property division in detail.

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

Managing Partner

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