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.
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.
Restitution order for criminal conviction for embezzlement during marriage is not a martial debt. As it was a tort committed by only one spouse.
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.
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.
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.
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.
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.
Exclusion of contingent liabilities affirmed.
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.
Trial court is powerless to order husband’s name removed from the mortgage.
(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.
Trial court properly excluded contingent liabilities.
Law school debts were separate where divorce proceedings started one year after husband passed bar exam.
Pledge to charity is not a marital debt, even though the pledge constituted an enforceable obligation.
Excessive mileage fees for car lease is marital debt.
Student loans were property included in the marital estate, even though they were incurred before marriage as all property is subject to equitable division.
Premarital student loans are martial debts as they were consolidated with student loans incurred during the marriage and cannot be extricated.