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ASBECK v. ASBECK

No. 82-2044.

116 Wis.2d 289 (1983)

342 N.W.2d 750

Theresa ASBECK, Petitioner-Respondent, v. Raymond ASBECK, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided November 16, 1983.

Attorney(s) appearing for the Case

For the respondent-appellant the cause was submitted on the briefs of Gerritt J. Van Wagenen of Schnellbaecher and Van Wagenen, of Milwaukee.

For the petitioner-respondent the cause was submitted on the brief of Tom E. Hayes of Godfrey, Trump & Hayes, of Milwaukee.

Before Scott, C.J., Brown, P.J., and Robert W. Hansen, Reserve Judge.

BROWN, P.J.

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.

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