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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12620
Experience:  Attorney experienced in numerous areas of law.
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My daughter married a man 4 yrs ago, who did not disclose a

Customer Question

My daughter married a man 4 yrs ago, who did not disclose a loan he had from a family member. Loan was on an income property. Loan came due, was sued by Aunt for loan amount, husband would not seek defense lawyer, now my daughter (with the regular income) has her wage garnished for the loan amount. (for 4 months now) She has now filed for divorce. She was advised by a 'collections lawyer' to declare bankruptcy to 'make the garnishment go away'. I would like to see the case re-opened, with a lawyer defending my daughter and her rights. Son-in-law collects rent and would not sell the property. Are there other options for my daughter other than declaring bankruptcy? Divorce lawyer said she could not help with this matter. Please advise.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: WI
JA: Has anything been filed or reported?
Customer: The case on the loan was closed, hence the garnishment, husband will be served the divorce papers 10/7.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, but I can answer any questions that I have the answer to.
Submitted: 10 months ago.
Category: Legal
Expert:  Brandon M. replied 10 months ago.

Good day, my name is Brandon. I am a licensed attorney, and I'm glad to assist. I'm a little surprised by your daughter's divorce lawyer's answer. Wisconsin is a community property state. In a community property state, any assets or debts brought into the marriage are generally treated as separate once the parties divorce. Even if they had something like a pre-nuptial agreement, the failure to disclose a debt would generally negate the agreement as it relates to the debt. What's her attorney's rationale?