Can I Keep My Spouse From Living in My House After Divorce?

 Posted on June 29, 2025 in Property Division

If you are divorcing in Wisconsin and your spouse still lives in the same house, you are probably wondering whether one of you can or should move out. This decision can be impacted by whether the house is jointly owned or one spouse owned the home before marriage. Who gets to stay, and who has to go?

In Dane and Rock County divorce cases, questions about the home are some of the most contested issues. If you are a young adult divorcing in your twenties or thirties, odds are you have not built up much equity or legal protection, and that can make things harder. That is why you need a Wisconsin divorce attorney who is aggressive, strategic, and ready to fight to win your case.

Can I Make My Spouse Move Out if We Both Own the Home?

If both spouses are on the deed, neither of you has more legal right to the home during the divorce. You cannot simply lock your spouse out, and the court will not usually order them to leave unless there is evidence of abuse, threats, or unsafe behavior.

However, under Wisconsin Statutes § 767.225, either party can ask the court for a temporary order giving them exclusive use of the marital home. To succeed, you must show that it is necessary. For example, because of harassment, child safety concerns, or high conflict that makes living together impossible, a judge might say one spouse has to move out.

What if I Owned the House Before We Got Married?

If you bought your house before the marriage, it might be considered separate property. But if your spouse has lived there for years, helped pay for the mortgage, or helped improve the property, they may still have rights during divorce. The court could treat part of the home’s value as marital and subject to division.

That means you might still have to buy your spouse out, refinance, or sell, even if the deed is only in your name. If you want to stay in the home, your attorney can help build a case for why that makes sense based on your financial situation, stability, and ownership history.

Can I Just Move Out and Let the Court Handle It Later?

You can move out without any court action, but doing so without a plan may hurt your case. If you leave without a court order and your spouse stays, you may weaken your claim to the property or give the impression that they should keep it. Worse, if children are involved, moving out may affect temporary custody arrangements.

The better approach is to file for temporary orders with the help of your attorney. You can ask the court to assign one of you the home and start addressing other key issues like debt, bills, and parenting schedules.

Will the Court Let Me Keep the House After the Divorce?

Maybe, but not automatically. Wisconsin is a community property state, meaning anything acquired by either spouse during the marriage is considered jointly owned by both and is to be divided equally in a divorce. Factors like the length of the marriage, each spouse's contributions, and the needs of any children can influence the final decision. There are several options for how a divorced couple might handle their home, including:

• Sell it: The most straightforward option is to sell the home and split the proceeds.

• Buyout: One spouse can buy out the other spouse's share of the equity in the home.

• Offset with other assets: One spouse may keep the home, and the other spouse receives a greater portion of other marital assets, like retirement accounts or vehicles, to balance out the value.

Contact a Dane County, WI Divorce Lawyer Who Will Fight for You

You have one chance to make the case for keeping your home. Do not go into this battle unprepared. At John T. Fields & Associates, LLC, our Rock County, WI divorce lawyer takes an aggressive approach to protecting what matters most to you. If you are a young adult navigating divorce, we will stand by you and fight for your future. Call 608-729-3590 now to schedule your consultation.