WISCONSIN MEMBER TIP: JUDGMENTS IN A DIVORCE PROCEEDING

Scenario: Your search reveals a judgment included in a divorce proceeding. The caption shows only the names of the divorcing spouses with little other information.

Problem: Don't assume the judgment involves only the divorcing parties. Under Wis. Stat. Ch. 767, a court can grant judgment for attorneys' fees on behalf of a party's lawyer. (See Wis. Stat. §§ 767.23(1)(d), 767.262, and 767.30). Thus, the real plaintiff for the judgment may have been one of the spouse's lawyers or a guardian ad litem for any dependent children. Once docketed in the county where the spouses own real property, the judgment becomes a lien on the property.

Tip: If the judgment shows an award of money, or if the search fails to show what the judgment is for, obtain a copy of the judgment. If examination of the judgment is not possible before the closing, add the judgment as an exception on Schedule B of the commitment. It can be removed later if it is determined that the judgment is not a lien on the subject property.

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