Legal Question in Family Law in Wisconsin

Pre marriage down payment on house, marital property?

I purchased a home six weeks before I was married and payed the down payment myself. The home is titled in my name and only my credit was used for the financing. Now we have separated, and she has moved out. Am I entitled to that down payment, or is that now considered marital property or community property? The monthly payments were made from our joint account for the duration of our marriage until our separation. Also, the vehicle that I have possession of was purchased and financed under the same conditions. Would that be treated the same way?

Thank You in advance for your reply!


Asked on 10/04/03, 7:30 pm

1 Answer from Attorneys
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Pre marriage down payment on house, marital property?

Hello, it is difficult to provide information on specific situations when we only have some of the facts. However, generally property acquired before marriage is separate property, though if joint funds are used to pay a mortgage, the spouse might get some interest in the property.

The same thing is true with the car. However, there are a lot of variables that can come up and you cannot take this as counsel or a prediction of an outcome. To get advice to rely on, you will need to consult and attorney.

Best wishes, Mark J. Mahoney 920-984-4529

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Answered on 10/07/03, 4:57 pm


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