Don’t Confuse Gifted or Inherited Property with Property Brought to the Marriage

Wisconsin property division statutes Wis. Stat. Sec. 767.61(3) creates a presumption that the marital estate should be divided equally, except for properties shown to have been inherited or gifted.  Inherited property is removed from the presumption entirely.  Under 767.61(3) the presumption applies subject to a number of adjustments to all other property.  One of the adjustments is (b) property brought to the marriage by each party.  Property brought to the marriage by each party is subject to the presumption and it must be argued that an exception to the presumption should be made giving the property back to the client.  Look to the length of the marriage and the work history of the parties in order to address property brought to the marriage.