QUESTION

Is wife entitled to 50% of home if it's not in her name?

Asked on Aug 08th, 2015 on Divorce - Wisconsin
More details to this question:
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?
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
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.
Answered on Aug 09th, 2015 at 9:27 AM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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