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Conversion is a term used in Wisconsin divorce law to describe the act of one spouse wrongfully taking or using marital property for their own benefit, without the other spouse's permission.
Marital property generally refers to assets acquired or earned during the marriage by either spouse, regardless of who holds title to the property. This includes income, real estate, vehicles, bank accounts, investments, and other valuable items.
Yes, both spouses can be guilty of conversion if they wrongfully take or use marital property without the other spouse's consent. It's important to consult with an attorney to understand the legal implications in your specific situation.
The consequences of conversion may vary depending on the circumstances. The court may order the guilty spouse to compensate the other spouse for the value of the wrongfully taken property or adjust the division of property during the divorce settlement.
To protect yourself from conversion, it's important to document all marital property, including financial records, receipts, and ownership documents. Communicate openly with your spouse about the use of shared assets and consult with an attorney to understand your rights and legal options.
Yes, there are potential defenses against conversion accusations. If you can prove that you had a legitimate claim or authority over the property, or that the property was yours individually rather than marital, it may help in your defense. Consult with an attorney to assess your specific situation.
If you suspect conversion by your spouse, it's important to gather evidence and consult with a divorce attorney. They can guide you on the appropriate legal steps to take and help protect your rights during the divorce process.
Conversion shares similarities with theft or embezzlement, but it is a distinct legal concept. While theft and embezzlement involve unlawfully taking someone else's property, conversion specifically focuses on wrongfully using marital property without consent during a divorce.
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