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In Wisconsin, a court will consider marital property only in making a distribution to the spouses of the property. “Separate property” is not subject to division, which means that spouses get to keep their separate property after divorce. Separate property includes, but is not limited to, the following:
By contrast, “marital property” is subject to division between spouses in a divorce. This includes all property acquired by one or both spouses during the marriage, using marital funds.
So in short, the spouse would not have any legal right to a gift made solely to one party in the marriage from a person other than the spouse, since that would be separate property.
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