– from Joan C. in Pewaukee, WI

Question Details:

My husband and I built a house on land received by a land contract from my husband’s father years ago. He had forgiven a large portion of the debt over the years, and my husband has always performed the maintenance and upkeep on the residence and land. We are now in the beginning stages of divorce, and he told me that I will most likely get nothing as far as our property and residence. He says that the Marital Property Act supersedes property division statutes. Does it?

Family Law Attorney Response:

Actually, the Marital Property Act only has to do with a spouse’s ownership of property during the marriage and at the time of death. It has nothing to do with property division at the dissolution of a marriage.

This is seen in the case of Kuhlman v. Kuhlman 146 Wis. 2d 588, 432 N.W.2d 295 (Ct. App. 1988). Here, the trial court made a decision citing that the Marital Property Act superseded the division of property statutes concerning a couple’s farm with a land contract from the husband’s mother. The wife appealed, and the court of appeals reversed the trial court’s decision.

I advise you to seek legal representation on this matter to avoid any further complications.

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

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