In Re Marriage of Gildersleeve v. Gildersleeve
Assignment of debt to husband which he incurred during action in division of property was an erroneous exercise of discretion as trial court did not identity the purpose for which the debt was created.
In Re Marriage of Weiler v. Boerner
Trial court did not erroneously exercise its discretion by finding education debt was not marital and assigning it solely to wife, due to the enhanced education benefit.
In Re Marriage of Curda-Derickson v. Derickson
Restitution order for criminal conviction for embezzlement during marriage is not a martial debt. As it was a tort committed by only one spouse.
In Re Marriage of McLaren v. McLaren
Trial court properly found that wife’s student loans (much of which were premarital) were included in the marital estate. The marital estate includes all assets and debts acquired during or before marriage unless specifically exempted by statute.
Sinai Samaritan v. McCabe
Medical treatment is a duty of support under sec. 765.001(2). Husband cannot avoid this obligation because he was not domiciled in Wisconsin after applicability of WUMPA.
St. Marys Hospital Med. Center v. Brody
Medical care for ex-husband falls within category of necessaries and ex-wife is equally responsible for medical expenses incurred during marriage, despite hold harmless in divorce decree.
In Re Marriage of Herdt v. Herdt
Finding that debt to husband’s mother to start business was marital is affirmed. If business had made a profit, it would have been part of the marital estate, so debt to enter into failed business was marital.
Park Bank-West v. Mueller
Failure of bank to give notice to wife that husband took out loan during marriage does not prevent bank from collecting from wife after husband’s death.
In Re Marriage of Popp v. Popp
Exclusion of contingent liabilities affirmed.
In Re Marriage of Laribee v. Laribee
Where husband paid $75,000 to parents just before commencement of divorce action, $30,000 was proper repayment of loan, but trial court properly found that the $45,000 in interest should be returned to the marital estate. No abuse of discretion in not ordering interest on the $45,000 for the time it was in husband’s parent’s possession.
Marriage of Torgerson v. Torgerson
Trial court is powerless to order husband’s name removed from the mortgage.
In Re Marriage of Weiss v. Weiss
(1) Debts incurred after start of action do not reduce the marital estate. (2) College expenses for children over 18 is not a joint marital debt.
Spheeris v. Spheeris
Trial court properly excluded contingent liabilities.
Vonderhaar-Ketron v. Ketron
Law school debts were separate where divorce proceedings started one year after husband passed bar exam.
Dombrowski v. Dombrowski
Pledge to charity is not a marital debt, even though the pledge constituted an enforceable obligation.
McCord v. McCord
Excessive mileage fees for car lease is marital debt.
Bellows v. Bellows
Student loans were property included in the marital estate, even though they were incurred before marriage as all property is subject to equitable division.
Wagner v. Wagner
Premarital student loans are martial debts as they were consolidated with student loans incurred during the marriage and cannot be extricated.