– from Chris B. in Hales Corners, WI

Question Details:

My wife and I have been married for close to a decade. Toward the beginning of our marriage, I inherited a parcel of land. Since then, the land has been used by my wife and kids as a park and R&R area. My wife also does regular upkeep. It has always essentially been used as “our” family land. My wife and I now are getting divorced. Is that land divisible?

Family Law Attorney Response:

There are actually several factors that will be in play during the court’s decision process. This includes “needs.” For example, the court may lean in your direction regardless of inheritance or co-mingling if your need is greater. The same can be said about her needs.

This is evidenced in the case of Schwartz v. Linders 145 Wis. 2d 258, 426 N.W.2d 97 (Ct. App. 1988). The court had decided that the inherited character of the property was not to be factored into the decision and that “needs” was not an applicable criterion for establishing the division of the property. The court of appeals reversed both.

My advice is to contact an experienced family law attorney to discuss your situation in greater detail.

Lawyer Holly Mullin from Sterling Law Offices
Holly Mullin, J.D.
Family Law Attorney

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