Under Wisconsin law, all property, whether owned before the marriage or during the marriage, is presumptively equally divided at the time of the divorce. The only property that is exempt is property received as a gift or an inheritance from a third party. However, the court does have the right under the property division statute, sec. 767.61, to deviate from equal property division by considering all of the factors listed under the statute. In your case, the two most prominent factors are the length of the marriage and the property brought into the marriage by either party. Since your marrige is of such short duration, more likely than not, the court is going to restore to you the full value of any property you owned prior to the marriage, and your spouse will not receive 50% of the value of that asset, if you can show it was pre-marital and what the value was before you married.
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