Legal Question in Family Law in Wisconsin
Is it legal to sell property prior to filing for divorce to pay my own bills?
1 Answer from Attorneys
Generally speaking, unless there is a court order in place (such as that issued in divorce cases), both spouses usually have equal rights of management and control over marital property. So long as it is done in good faith and sold for fair value, the sale of property which you mention to raise funds to pay marital debts does not appear to be illegal. Ideally, you would do this only after consultation and approval of your spouse and are selling the items for a fair price. However, wasteful dealings in marital property, collusive or bad faith sales can become issues in a subsequent divorce. Sales of treasured personal items of the other spouse will also probably cause problems later. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. Even if I were advising you, the background information which you provided did not include sufficient detail to allow any sort of reliable advice upon which you should rely. Finally, I may be able to represent you if you contact my Racine office and make arrangements formally retain me. I represent clients throughout the state of WI.