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ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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can your spouse have any legal right to your investments if

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can your spouse have any legal right to your investments if they were given as gifts to you if you are not planning on staying together?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

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:

  • gifts received from a person other than the spouse

  • an inheritance

  • any property owned by either spouse prior to the marriage, and

  • property received after separation.

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.

ScottyMacEsq :

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.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

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