Because the trial court made no express finding that the disputed asset is marital property, the parties remain free to litigate that question. Finally, Vivian argues that use of a family court action would deprive her of her right to a jury trial. There is no right to a jury trial in a divorce action. The first two requests involve injunctive and declaratory relief, which are equitable in nature. See Barbian v.
Rescission is merely one form of restitution, an equitable claim.
Leslie's request for a fair share of the value of the property presumably seeks to impose a construction trust on the property, also a matter of equity. Wisconsin courts continue to recognize the difference between legal and equitable remedies in determining whether there is a constitutional right to a jury trial. When equitable relief is requested, there is no constitutional right to a jury trial. We conclude that the claims contained and relief requested in the third-party complaint are equitable in nature. We therefore conclude that Vivian has no right to a jury trial in the instant action.