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In Wisconsin. Divorcing, want to buy vs rent. Have $ from my 1st divorce in previous married name. Can current spouse claim?

New Richmond, WI |
Filed under: Divorce

I only want to move once to save energy, time and money. What do I need to do to protect my assets that were mine before I married the second time.

Attorney Answers 3

Posted

get a premarital agreement done to protect your assets. If you don't, then the property will be considered marital if it is comingled.

In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.

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Posted

A premarital/antenuptial agreement requires the consent of your spouse, as would any reclassification under 766.31(7) and (10). If he will consent to reclassification, there should be no problem. If not, while it doesn't fit neatly into any of the separate property classifications, an argument could be made that it is your separate property since it was not earned during your marriage - even if it was received at that time. Instead, it was earned during the prior marriage, making it your separate property.

If you wish discuss further, I welcome you to email at max@maxlivingstonlaw.com or call at 262-789-2741. Thank you.

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Posted

There are a variety of factors which must be considered in this issue. Primarily, the length of your marriage. If you have only been married a short time and you brought money into the marriage that you kept separate, the court will likely award that solely to you. If you have been married a long time and/or have commingled those monies into the marital estate, the court may award your husband a portion of it.

You should consult with an experienced divorce attorney in your area to explore all of your options.

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