Who Gets the House in a Wisconsin Divorce?

 Posted on May 16, 2024 in Divorce

One of the most complicated parts of the divorce process is dividing marital property between two spouses. Marital property is the term Wisconsin law uses to refer to assets that belong to both spouses, and it includes not only physical property but also things like savings accounts and retirement funds. In Wisconsin, marital assets are split equally between both spouses by default, but it still takes a skilled divorce attorney to make the process smoother.

A question commonly asked by people who are getting divorced is: Who gets the family home?

Who Gets the House?

If both spouses have been living as husband and wife in the house — also called the marital home — then it belongs to each of them equally. This is true even if only one spouse’s name is on the lease or deed. It is also the case even if one spouse bought the house before the marriage. Wisconsin law dictates that except for certain cases, both parties own the marital home and have a right to live there.

How Is the House Divided in a Divorce?

Now that you know you are both part owners in the family home, you need to divide it. There are three ways this can be done:

• You can both sell the house and divide the money.

• One of you can buy out the other spouse’s equity in the home.

• You can both agree to co-own the home. It is up to you to decide what to do with it — some divorced spouses choose to continue living in the home, and some spouses choose to rent it out and split the rent money.

Can I Kick My Spouse Out of the House?

No, you cannot kick your spouse out of the marital home. Because he or she owns half of it, he or she has just as much of a right to live in the house as you do. 

The only time a spouse can be evicted from the home is if he or she presents a danger to anyone living in the house. If your spouse has been abusive, for example, you may be able to obtain a temporary restraining order from the court. 

Contact a Dane County, WI Divorce Lawyer

Dividing marital assets between both parties is a complex area of law and requires an experienced Rock County, Wisconsin divorce attorney. When it comes to the marital home particularly, a court order making each spouse a 50 percent owner is just the beginning. The house then needs to be divided in one of the above three ways. This process should also involve a skilled attorney.

I am John T. Fields, a divorce attorney with over 30 years of experience who has been described as a “pitbull” for clients. At John T. Fields & Associates, LLC, I fight vigorously for the interests of my clients and I am aggressive in getting the best result possible. Call 608-729-3590 for a consultation today.