If you are getting a divorce, the answer to your question depends on how long you are married. In Wisconsin, all property whether pre-marital or marital is presumptively 50/50. The only property that is exempt is property received by gift or inheritance from a third party. The court can deviate from 50/50 property division based on the various factors under sec. 767.61, the two of which that may apply in your case (a) the length of the marriage and (b) property brought into the marriage by either party. If you are married more than 10 years or so to each other, it is questionable whether the trial court would give her any credit for her pre-marital interest. If you have a short term marriage of 7 years or less (by example), she will have a good argument to make to the court that she receive her pre-marital investment back and that any increased equity that incurred during the marriage, be divided equally. How long are you married?
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