According to Wisconsin law, all property that was not received as an inheritance or gift is divisible marital property. That means that even property brought to a marriage by one spouse becomes marital property if they later divorce. And marital property is presumed to be divided equally. However, Wisconsin law also permits judges to alter the equal division to credit one spouse for property brought to the marriage. The spouse that owned the property must produce some evidence of the value of the asset at the time of marriage. There is no rule that the owning spouse will receive a dollar for dollar credit for the value. The shorter the marriage, in general, the greater the chance that the judge will alter the equal division, and more credit will be given to the spouse who owned the property. It is important to make clear arguments, supported by documents (appraisals, closing statements, bank statements, etc.) to ensure that the judge easily understands what you are asking, and why it should be granted. Receiving credit for premarital assets is not a foregone conclusion, so it is highly recommended that you work with an experienced family lawyer.
I have been representing families in divorce for almost 30 years. I would be glad to discuss your concerns with a no cost, no obligation consultation. Should you be in the need of a divorce attorney whether for divorce or post-divorce matters please contact Attorney Mark L. Krueger in the Baraboo area at (608) 356-3961, Madison area at (608) 824-9540 or Statewide at (866) 455-2993. Please feel free to email at mark@kh-law.net and check out our website at https://khtlawyers.com. Remember, at Krueger Hernandez & Thompson SC we listen, we care, we get results!
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