What Happens to My House in a Divorce?

 Posted on April 25, 2025 in Property Division

Your house is more than just a place to live — it is your biggest investment, your family’s base, and maybe the one thing you are desperate to hang onto in your divorce. If you are going through a divorce in Wisconsin and wondering what happens to your home, you are not alone.

Whether only your name is on the deed or you bought the place together, dividing real estate is one of the most heavily contested issues in divorce. At John T. Fields & Associates, LLC, our Wisconsin divorce attorney does not tiptoe around these battles — we fight to protect what matters to you.

What Does Wisconsin Law Say About Property Division?

Wisconsin is a community property state, which means most property — including your home — is considered joint marital property if it was acquired during the marriage. That means it is typically split 50/50 during divorce, regardless of who paid the mortgage or whose name is on the title.

But here is where it gets complicated: if you or your spouse owned the house before getting married, or if one of you received it as a gift or inheritance, then it might be considered separate property. Even then, any increase in value during the marriage or shared payments toward the mortgage can put that house right back on the table as joint property.

If you are not sure how your house is classified, now is the time to bring in a lawyer who knows how to dig into the details and fight for your share.

What Are My Options for the House?

If you and your spouse own the house together, and neither of you wants to give it up, things can get tense fast. But the law gives you a few options — and we are ready to help you use them strategically.

• Sell the home and split the proceeds. This is often the cleanest option, especially if neither of you can afford the mortgage alone.
• Buy out your spouse’s share. If you want to stay in the house, you will likely need to refinance and pay your spouse their half of the equity.
• Let your spouse keep it, but fight for more elsewhere. Sometimes, walking away from the house makes sense — if you can gain leverage in other areas, like retirement accounts or debt allocation.

The court will not award the home to someone who cannot realistically afford to keep it, especially with young kids involved. You need to prove you can take on the mortgage, maintenance, and everything else that comes with homeownership post-divorce.

Contact a Madison, WI Divorce Attorney

Do not let your spouse or their lawyer push you into giving up the house without a fight. At John T. Fields & Associates, LLC, our Rock County, WI divorce lawyer will go head-to-head with the other side to defend your property rights and protect your financial future.

Call 608-729-3590 today to schedule a confidential consultation and start building a plan that puts you back in control.