Family — marital property — maintenance

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Wisconsin Court of Appeals

Civil

Family — marital property — maintenance

Nancy Baxter appeals the circuit court judgment of divorce from Bryan Baxter. Nancy challenges the divorce judgment in three main respects. First, Nancy argues that the court erred by classifying a rental property that Bryan purchased prior to the marriage as Bryan’s non-divisible asset, and by excluding the property from the divisible assets. Second, Nancy contends that the maintenance awarded to her was inadequate in duration and amount and, specifically, that the court erred by double counting her pension as an asset awarded to her in the property division and also as part of her income stream when awarding maintenance. Third, Nancy asserts that the court failed to correct a “transcription error” in a document that was incorporated into the divorce judgment, which resulted in an incorrect valuation of the debt on the marital home and incorrect equalization payment.

We conclude: (1) the rental property was a divisible asset that should have been included in the property division; (2) the circuit court improperly double counted Nancy’s pension; and (3) the debt on the marital home was incorrectly valued. We also clarify certain legal and factual errors to be addressed before the circuit court with respect to three additional issues that Nancy raises regarding maintenance. We therefore reverse and remand for further proceedings consistent with this opinion. Not recommended for publication in the official reports.

2013AP1168 In re the marriage of: Baxter v. Baxter

Dist IV, Dane County, Remington, J., Kloppenburg, J.

Attorneys: For Appellant: Lehker, Kristen E., Madison; For Respondent: Bushaw, Brian, Madison