The division of property, in a case of this sort, is peculiarly a matter resting in the discretion of the trial court, subject to such rules as have been established by •this court for guidance in respect to the matter. Therefore, the trial determination must jDrevail unless clearly characterized by mistake or some manifest error respecting the detail facts upon which it rests, or disregard of established guides, .amounting to’ a pretty clear want of judicial discretion or judgment. Newton v. Newton, 145 Wis. 261, 130 N. W. 105.
In making a division of property in a divorce action the .ages of the parties, their condition of health, their competency to earn money, the manner the property was acquired, the situation as to probable family burdens after the divorce, the nature of the property, and all other circumstances bearing on the question of an equitable distribution, are to be taken into consideration. Harran v. Harran, 85 Wis. 299, 55 N. W. 400.
The statute, sec. 2364, requires the division to be on a fair basis, having due regard to the legal and equitable rights of each party, the-ability of the husband, the special estate of the wife, the character and situation of the parties, and all the circumstances of the particular case, “all property of the husband and the property of the wife derived from him” to be considered as the subject to be dealt with.
In case of property having been contributed by or in behalf •of the wife to the family possession, the title being vested in the husband by her consent and merged with his property,
There is no precise measure by which to determine the amount to be awarded to a divorced wife out of the subject for' division.
The nearest approach thereto is this: Except in some extraordinary circumstances, the maximum for the wife is one half. That may be reduced to one third or even less. Williams v. Williams, 36 Wis. 362; Varney v. Varney, 58 Wis. 19, 16 N. W. 36. The general level to start from is one third. Since the early suggestive guide in respect to the matter, it has been pretty well established that a clear third of the whole is a liberal allowance to the wife, subject to be increased or decreased according to special circumstances. Edleman v. Edleman, 125 Wis. 270, 272, 104 N. W. 56.
Applying the foregoing to the facts as stated, it will be seen that the learned circuit judge carefully followed the guides found in the statute and the decisions of this court. By reference to an opinion filed by him., that is made clear beyond room for reasonable controversy. It was eminently proper to treat the property as an entirety, as was done, to reduce it to money value, as near as practicable, to deduct therefrom the indebtedness, equitably and legally chargeable thereto, and divide the balance, having reference to all the matters to which we have referred. The net money value was substantially $6,594. Regardless of modifying circumstances, appellant’s share would have been $2,198, and respondent’s $4,396. The valuations were conservative. The full face value was placed on the property awarded to the husband. He was charged with present indebtedness, equal to
We do not overlook the suggestion that appellant was given the home property without money to maintain herself therein ; but she is not compelled to maintain it or live in it. In her circumstances it would probably be folly to attempt it. The record shows the property is rented and that she and her mother live together and that the latter shares the expenses.
By the Court. — The judgment is affirmed without costs to either party, except the respondent will pay the clerk’s fees.