Legal Question in Real Estate Law in Wisconsin

Sale of Marital Property Without Consent of Spouse

In a marital property state such as Wisconsin, homestead real estate is marital property which requires both spouses to sign the sale documents. Investment property, however, is subject to control of the spouse holding title, although the other spouse and her creditors are entitled to half of the proceeds of the sale. If the parcel in question is not marital property, there is no such entitlement. Determining whether or not real estate is marital property should be discussed with a lawyer who has creditor/debtor experience in community (marital) property states. This is a highly individual and fact specific inquiry and you have not given me sufficient information to even make a guess on it. Purchasing property before the marriage does not necessarily rule out its being marital property.