Legal Question in Real Estate Law in Wisconsin

Re: Tennants In Common - How does it work?

Marital Property has been in existence in Wisconsin since January 1, 1986. While a number of cases have gone to appellate courts, no substantial body of case law exists that may control all the issues you raise. If you and your husband are willing to do battle, your case could likely go to an appellate court and again add to the body of law answering the questions you raise.

It would be difficult for any attorney to give you an opinion as to how your divorce judge will rule, when various factors weigh on each side: downpaymment on his side; earnings, improvements, mixing on your side. Unfortunately, this is not a one-sided arguement.

Re: Tennants In Common - How does it work?

Hello,

This is an interesting situation legally. I can't give you a firm opinion because I am not your lawyer and don't know enough facts. However, here are a few comments that may or may not apply to your situation. If two people buy real estate at tenants in common, say 50/50, then

they each own half. This property was not acquire during marriage, so upon marriage it is still 50/50, but not survivorship marital property. It is more like separate property, each owning half. After marriage, it becomes more complicated, the property might become mixed.

In your case, I question whether your husband is entitled to down payment back. He probably can get half of value. Upgrades made during marriage, likely could be marital, even if your income went into it. Again, these are just some ideas to share with your lawyer. Best wishes,

Mark J. Mahoney 920-984-4529