By: WISCONSIN LAW JOURNAL STAFF//December 3, 2013//
Wisconsin Court of Appeals
Civil
Property — marital property
When two people buy real property, build a home on the property, get marry, and then obtain an occupancy permit, the property is homestead marital property that passes to the surviving spouse upon death.
“We agree with Felhofer. Here, the homestead was acquired when Felhofer and the Decedent occupied a dwelling on the Property, which happened at some point after the City of Franklin issued the Certificate of Occupancy. There is no dispute that Felhofer and the Decedent were married prior to occupancy and that they occupied the dwelling after the Certificate of Occupancy was issued. Thus, pursuant to the plain language of WIS. STAT. §766.605, Felhofer and the Decedent acquired the homestead when they were a married couple. Their status as single persons at the time the warranty deed was signed, and when the vacant lot was acquired, is irrelevant to the §766.605 analysis.”
Affirmed.
Recommended for publication in the official reports.
2013AP147 Droukas v. Estate of Felhofer
Dist. I, Milwaukee County, Brash, J., Brennan, J.
Attorneys: For Appellant: Hanley, James B., Menomonee Falls; For Respondent: Dinwiddie, Carrie Lynn, West Allis; Roth, David A., Milwaukee