– from Christina O. in Summit, WI

Question Details:

When my mother and father got divorced, they both were found to have an equal share in the home. The court ordered them to sell the house. However, they were never given a time frame for the sale.  My mother passed, before they found a suitable offer. My mother left her interest in the home to me, but my father is taking me to court saying that she did not have the right to leave the home to me. He is saying that he is now the sole owner. Is my mother's share of their home mine, or his?

Family Law Attorney Response:

This question is not easily answered. I simply do not have enough information pertaining to the specifics of the case or the original divorce judgment. There are many different ways this could play out in court.

One scenario is found in the case of Lutzke v. Lutzke, 122 Wis. 2d 24, 361 N.W.2d 640 (1985). In this case, the wife would not consent to join her ex-husband's son in the sale of the home. When he took her to court, the judge awarded her the home. An administrator of the man's will appealed, and the supreme court let the case proceed. Regardless of the outcome, it was found that the son did, in fact, have grounds for a case and that is what is important for your question.

My advice would be to contact a family law attorney immediately to discuss the details of the case, and to begin preparing for your day in court.

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

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