Asbeck v. Asbeck

When a divorce court is called upon to include inherited property in the divisible estate pursuant to the hardship exception of sec. 767.255, Stats., we hold the decision is a matter within the sound discretion of the trial court. It is not a factual determination subject to the clearly erroneous/great weight and clear preponderance of the evidence test. Following this conclusion, we find that the trial court did not abuse its discretion and affirm.

Raymond Asbeck appeals from the trial court’s decision to include inherited property in the division of the marital estate. He and Theresa Asbeck…