Wisconsin Family Lawyer’s Guide to Real Estate Division in Divorce: Strategies, Claims, and Compensation
Understanding Wisconsin's Marital Property Laws đź“ś Community Property Principles Wisconsin follows marital property laws, meaning that all assets and debts acquired during the marriage are generally considered jointly owned by both spouses. This applies to real estate, bank accounts, retirement accounts, and other significant assets. 🔍 Equitable Division vs. Equal Division Unlike states that use equitable distribution, Wisconsin law starts with the presumption that marital assets should be divided equally (50/50). However, the court may deviate from equal division if there is a strong justification, such as: - The length of the marriage - Each spouse’s contribution to the property - The economic circumstances of each party post-divorce - Agreements made before or during the marriage (e.g., prenuptial agreements) Types of Real Estate in Divorce Cases 🏠Marital Home The family residence is often the most significant asset. The court may award it to one spouse or orde...