I will be filing for divorce. My husband had a house in his name when we got married. My name was never put on the house. We had separate checking accounts and the house payment was taken directly out of his checking account. I live in Wisconsin, a community property state. He also has threatened to stop paying the house payment and let the house go into foreclosure or file bankruptcy. AM I ENTITLED TO HALF OF THE EQUITY IN THE HOUSE? Can he stop making payments on it? Thank you so much for your help.
The answer to your question is, "it depends." Under Wisconsin law, all property owned either prior to or during the marriage is presumptively 50/50 marital, excepting gifts and inheritances received from a third party. However, the court can deviate from 50/50 property division based on factors listed under sec. 767.61 Stats., such as (a) the length of the marriage and (b) property brought into the marriage by either party. In order to answer your questing, one would need to know (a) how long you are married (b) how long your husband owned the house prior to marriage (c) what did he pay for the house when he bought it (d) what was the down payment on the house when he bought it (e) what is the current value of the home (f) what is the current mortgage loan payoff and (g) what major improvements or repairs have been made on the house while you have been married. You certainly are entitled to any increased value in the home during the period of time you are married. Whether your husband gets credit for his pre-marital interest is dependent on all of the factors listed above. Presumptively, it is 50/50, but the presumption can be overcome.
Once the divorce is flied, you can asked for a temporary court hearing, and they will place him under a court order to be responsible for the mortgage payments during the pendency of the divorce, to avoid the home going into foreclosure, if that is what your husband foolishly seems to be arguing about at this point.
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