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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 21270
Experience:  Attorney with 13 years experience
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I have some questions. I am planning to file for divorce in

Resolved Question:

I have some questions. I am planning to file for divorce in WI. Before I was married my dad gave me land (early) to build on (it was left to me in his trust). My dad then passed away and I got an inheritance (while married). Can my husband go after this money or land? We then built a house on the land. Somehow my name is XXXXX XXXXX a cabin that he and his parents own...Am I entitled to 25% of that cabin since somehow my name is XXXXX XXXXX? I had to sign off on a land contract sale, but now that has fallen through and it is not sold. The way I figure with the cabin, extra money in his retirement, truck etc, we should be about even, if he cannot touch my inheritance or land given to me before we were married. I need more information...
Submitted: 9 months ago.
Category: Family Law
Expert:  Barrister replied 9 months ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Did you ever mix your inheritance with any jointly owned property or accounts?
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Did you ever add spouse to the deed for the land?
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Did you build a house on the inherited land together?
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How many people are on the deed to the cabin?
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How did your name get on the cabin deed?
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Thanks
Barrister
Customer: replied 9 months ago.

Did not mix inheritance with joint account. It is in my personal money market account. I did not add my spouse to the deed, tax bill still comes in my maiden name. We did build a house on the inherited land, started building before we got married. I believe 3 people are on the deed for the cabin, him and his parents. I'm pretty sure my name isn't on the deed but I had to sign off on the sale, that has since fallen through.

Expert:  Barrister replied 9 months ago.
Thank you for the additional information. When two people get married in a community property state like WI, typically anything that they acquire during the marriage is community property and subject to an equal division on a divorce. However, there are two big exceptions, gifts and inheritances. These remain the separate property of the recipient as long as they keep them separate and dont' commingle them with marital assets or add the spouse to any deed.
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So anything you inherited would be your separate property.
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However, the house that you built on the land would be marital property and would be subject to division. Since it would be hard to sell the house without the land, which is your separate property, if you can't come to an agreement, a judge would likely order you to pay ex half of the value of the house.
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You just had to sign off on a spousal disclaimer for the cabin and wouldn't have any ownership interest in it unless you were actually on the deed.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 9 months ago.

We owe more than what the house alone is worth, would I still have to pay half the value. The equity we have in the house is because I was given the land.

Expert:  Barrister replied 9 months ago.
If there is no equity in the house, then the judge would probably just order that ex is to sign it over to you since it essentially not worth what is owed on it.
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Thanks
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 21270
Experience: Attorney with 13 years experience
Barrister and 2 other Family Law Specialists are ready to help you

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