forclosure. With in the last year i have moved in and out of the inherited home going back to the forclosed home and then finally into a small cabin. I lived in the inherited home for about 4-5 months before being forced out. will my husband have to give me any portion of that home? It is my current legal address. He inherited about 2.7 million with that house and other properties and cash. he currently does not work..his business is failing. I take home less than 600.00 in two weeks..i currently am being garnished for bills he incurred. any info would be greatly apprieciated. i will most likely have to represent myself since i cannot afford an attorney...thank you so much..
his attorney is asking me to pay his attorney fees ...which i cannot..i cant afford my own..he also removed all the belongings from the old house when i was out of town and is storing it..i recieved nothing
The issues you raise are very complex. Wisconsin law deems all assets and debts at the time of the divorce as part of the marital estate, which are presumably to be divided 50/50. However, the law allows for 2 exceptions: gifts and inheritance. If the inheritance (home) was never commingled with marital assets/debt, he will likely convince the court to deem the home as part of his inheritance. Normally, you would not be entitled to any portion of the inheritance. However there is an exception to that rule. If you can prove economic hardship that rises to the level of being unequitable, the court can award you a portion of the inheritance. This is a rare expection and will likely require a skilled attorney to be successful. Our firm has had successful rulings in this type of action. There are also very skilled attorneys in Rhinelander.
You indicate that you cannot afford an attorney. However, the court can order the spouse to cover your legal fees for the divorce action.
Robert Daniel KellyPersonal Injury LawyerSeattle, WA ·
Sometimes, in cases like yours, you can get the court to order the other spouse to pay your attorney's fees. In a dissolution action, property division is supposed to be "equitable", which doesn't always mean "equal".
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You will want to contact an attorney in your area to get an answer to this question. The laws are different from state to state.
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Well I have good news and bad news.
Bad News: If he keeps the inheritence in his name, then it does not become a marital asset, and you will not get any of it in the divorce.
Good News: It will still likely be considered income when calculating maintenance and child support. It may also be considered a factor when considering attorney's fees. But do not read that as all fees, it might only be 1/3 when it is all over. Lastly, collectors go after deep pockets. If you point them in his direction, they will likely take the bait.
You will probably need an attorney if you are going to get what is rightfully yours.
