– from Ruby F. in Polk, WI

Question Details:

My husband and I created a business together at the beginning of our marriage. Our business has skyrocketed in terms of growth and success, however our marriage has not. Even though we started the business jointly, my husband does more of the work there and I take care of our family at home. Will our property division be equal?

Family Law Attorney Response:

Thank you for your question. Equal property division is possible in your situation, however I would like to speak with you regarding a few more details about the business and what you and your husband each do for both the business and family.

As discussed in Parrett v. Parrett, 146 Wis.2d 830, 432 N.W.2d 664 (Ct. App. 1988), equal property division occurs only where the principal asset resulted primarily from one party’s efforts. Courts will look at businesses and attributions within the marriage, but there is a heavy weight when the business begins from within the family and who puts the majority of the work into it.

Give me a call so we can look into those details and see if we can get a clearer answer.

Dan Exner, J.D.

Family Law Attorney

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