Legal Question in Family Law in Wisconsin

Divorce settlement

My husband and I lived together for 2 years and then were married for almost 1 yr. During this time we built our retirement home from the ground up-spending every weekend there. My husband thinks he gets the cabin and I get nothing. Is this true. If not, what do I do to see what if any part I am entitled to. Also, am I eligible for any of his retirement and what part.


Asked on 4/07/03, 10:59 am

1 Answer from Attorneys

Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Divorce settlement

Hello,

Wisconsin is a marital property state. That mean any property that a married couple acquires during marriage is owned equally by the spouses. It does not mattter whose money bought the items, who earned the money, or whose name the property is titled in. A complication for you is that you had the house before and after marriage in likely different states of completion. I would have to obtain more facts about the house project before an opinion could be given as to what part of that you own. With respect to your husband's retirement plan, again, any assets that came to either of you during marriage (except inheritance or gifts), are marital property, owned equally by both of you. Again, there is a complication because some of it was earned prior to marriage. The short answer is that you should be entitled to some marital assets, and a closer analysis would help determine how much. Best wishes, Mark J. Mahoney 920-984-4529

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Answered on 4/07/03, 1:33 pm


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