QUESTION

How much is wife entitled in repayment of 20% down payment money on house if social security money was used from sons account?

Asked on Aug 25th, 2015 on Divorce - Wisconsin
More details to this question:
Bought house for 115000. Owe 87000 would like to keep it. About 30000 in kitchen and windows were also done. 12000 of which was pension buyout for her to stay home. How much is she entitled on repayment if she don't want the house and I want to buy her out?
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
Under Wisconsin  law, all property is presumed 50/50, unless received from a third party as a gift or inheritance. You have $28,000 in equity from your numbers, so your wife would be entitled to one half or $14,000 and you would have to refinance the mortgage to have her name removed. The court can deviate from 50/50 based on factors listed in 767.61, but you have offered no facts in your post as to why this may be applicable  in your case; I didn't understand the question about the source of the down payment being social security money or what the pension buyout has to do with anything.
Answered on Aug 29th, 2015 at 7:41 AM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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