I owned my home before I was married. My wife's name is not on the title and she has not contributed to any house payments. If we would get a divorce, in Wisconsin, is she entitled to 50% of my home? If we would refinance, would she then be entitled to 50% of my home?
Under Wisconsin law, property owned either before or during the marriage is presumptively 50-50; the only exception would be inherited or gifted property. The answer to your question is dependent on how many years you are married; the court can deviate from equal property division after considering all the factors under the property division statute, sec. 767.61. WI statutes. Two of the main factors in your case would be the length of the marriage and property brought into the marriage by either party. If you are married less than 7 years, you may have a good chance of being credited for your pre-marital portion. If you are married long term, more than 20 years, most courts would not consider pre-marital credits. The gray area is in between 7-20 years; the longer you are married, the less likely the court deviates from presumptive 50-50 property division.
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