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taking back gifts to children at time of divorce

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tarts05

Junior Member
What is the name of your state (only U.S. law)? Wisconsin. My parents have been married for over 40 years. During the past 10 - 15 years my brother and I have been given things through out the years. Like help with financing on a large workshed. My father only let me pay him back 50% and he said the rest was a gift. He did the same thing for my brother. Now that there is a divorce and my brother and I are split. I support my dad, while my brother is crawling up my mother's butt so that he can inherit everything she gets. So my mother is asking for the value of MY shed to be included in their assets. Can she do this??? Will i have to give stuff up that was given to me over 10 years ago because she said my dad was "storing it" at my home and it was never given to me. Example: a rowboat I got from my dad over 10 years ago. Will this stuff really be counted???:confused:
 
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LdiJ

Senior Member
What is the name of your state (only U.S. law)? Wisconsin. My parents have been married for over 40 years. During the past 10 - 15 years my brother and I have been given things through out the years. Like help with financing on a large workshed. My father only let me pay him back 50% and he said the rest was a gift. He did the same thing for my brother. Now that there is a divorce and my brother and I are split. I support my dad, while my brother is crawling up my mother's butt so that he can inherit everything she gets. So my mother is asking for the value of MY shed to be included in their assets. Can she do this??? Will i have to give stuff up that was given to me over 10 years ago because she said my dad was "storing it" at my home and it was never given to me. Example: a rowboat I got from my dad over 10 years ago. Will this stuff really be counted???:confused:
No, honestly that won't be considered/counted...and its even a bit ridiculous...particularly the shed.

However, your dad probably should be prepared to demonstrate that all of their children have received gifts from them in equal portions, so that it will be clear that mom is only picking on the gifts given to you.

However, its also very sad that you and your brother are taking sides. Neither of you should be doing that. It may be necessary for you to take your father's side to counter the fact that your brother is taking your mother's side, but its sad nevertheless.
 

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