Hi, Prior to marriage, I sold my property and made a profit. I used that money to pay down my future wives mortgage and refinanced the property. We are divorcing and she says she is due 50% no matter what I paid, it is a marital state.
In Wisconsin, there is a martial presumptiion that any property acquired before or during the marriage is subject to equal property division. The only property that would be exempt is gifted or inherited property received from a third party. The answer to your question on whether or not you get credit for the net sale proceeds that you used to pay down the mortgage on her property and do repairs/ maintenance/remodeling, will be based on the length of time you are married and the property brought into the marriage by either party. The court has the discretion to deviate from equal property division based on the factors lised at sec. 767.61. Two of the principal factors in a case like yours is the length of the marriage and the property brought into the marriage by either party. The shorter length of time you are married, the greater chance the court gives you credit back from your initial investment. The longer you are married, the less likely the judge is going to give you any credit.
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