Wisconsin is a community property state. What that means is that in the event of a divorce the court can divide martial property 50/50 between divorcing spouses.
Why is Wisconsin a community property state?
Wisconsin is a community property state because its laws dictate that both spouses contribute equally to the marriage and therefore have an ownership right to half the marital assets. It is important to recognize that not all assets are classified as community and some assets are excluded from a division in a divorce.
What is considered community property in Wisconsin?
Generally any property, debt or asset that is acquired during the marriage will be considered community property by the court and will be divided equally.
Property that comes to one spouse by gift, will or devise will be considered separate property unless the spouse either intentionally or accidentally co-mingles it with marital property and then the court considers it community property and subject to division.
For example, if one spouse receives a monetary inheritance from a deceased relative and uses that money to pay off the mortgage on the marital home, those funds are now community and subject to division. Another example would be if the spouse took the inheritance money and deposited it into a joint saving account, it has now become community property.
As another example, a friend of one spouse gives them a classic car as a gift. That car would not be considered community property and would belong solely to the spouse who received it.
Division of community property by the divorcing spouses
It is worth noting that if the divorcing spouses can agree to a division themselves or with the assistance of an attorney negotiating on their behalf, the court has the power to enter an order for that division, what that means in practical terms is if the spouses can work out a no-contest division of the property, assets and debts between themselves the issue of community property division will not be an issue.
It’s not always easy to classify what is and is not community property in Wisconsin
At times the classification of property as separate or community can be difficult, especially when the marriage is considered “short term” which would be a marriage of fifteen years or less. Additional issues that could arise are accidental co-mingling of separate and community property, division of retirement benefits or if there is a pre-marital agreement in place that is now being disputed by one spouse. Furthermore, any debts or assets that existed prior to the marriage could become issues through inadvertent co-mingling.
What is the effect of a pre-marital agreement on community property in Wisconsin?
A pre-nuptial agreement can dictate the division of property in the event of a divorce which is intended to alleviate many potential disputes. There is always the possibility that the pre-nuptial agreement will be challenged and the parties will either have to reach a settlement agreement in regard to the assets or debts or seek the court’s intervention. Your Wisconsin family law attorney can advise you of rights in regard to a challenge to the division of property in a pre-nuptial agreement.
Consult with a Wisconsin Family Law attorney
While this article has given you a basic overview of community property in Wisconsin, you should consult with a Wisconsin family law attorney who can properly advise you as to the classification of the property and your rights in regard to that property. If you have questions regarding community property division or family law in Wisconsin, please don’t hesitate to give us a call if we can be of assistance to you.
Disclaimer: The information provided on this blog is intended for general informational purposes only and should not be construed as legal advice on any subject matter. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each individual's legal needs are unique, and these materials may not be applicable to your legal situation. Always seek the advice of a competent attorney with any questions you may have regarding a legal issue. Do not disregard professional legal advice or delay in seeking it because of something you have read on this blog.
About the author
Attorney Heather Jones is a member of the Wisconsin Bar Association and has experience in Wisconsin family law, estate planning, probate, and civil litigation legal matters.
FAQs
Under Wisconsin law, any property acquired by either spouse during the marriage is presumed to be community property – not the individual spouses' property. Similarly, any income earned by either spouse during the marriage is considered marital income.
What is not considered marital property in Wisconsin? ›
Debts that a spouse had prior to the marriage date. Property that a spouse received by gift – before or after they were married. Gifts must be from someone other than your spouse. An inheritance received – before or after the marriage date.
How long do you have to be married in Wisconsin to get half of everything? ›
A marriage of any duration will split up marital assets 50/50. In a short-term marriage (less than 5 years) one can make the argument that assets from before the marriage are not marital assets and should not be split up.
Are separate bank accounts marital property in Wisconsin? ›
Wisconsin is a community property state, meaning the court begins all divorce proceedings with the baseline presumption that a 50/50 split of all marital property is fair and equitable. All bank accounts of either party, whether they are jointly held or only in one spouse's name, are considered marital property.
Can my wife take my house if I bought it before marriage in Wisconsin? ›
Under Wisconsin divorce law, all property owned by the spouses (except gifted and inherited property) is presumed to be divided equally, even if acquired prior to the marriage. While these rights are protected, spouses have the ability to alter Wisconsin property and divorce law through a marital property agreement.
What determines the ownership of property for married people in Wisconsin? ›
UNDER THE MARITAL PROPERTY SYSTEM, EACH SPOUSE HAS A 50% OWNERSHIP INTEREST IN PROPERTY ACQUIRED DURING MARRIAGE DUE TO THE EFFORTS OF EITHER OR BOTH SPOUSES, SUCH AS WAGES, DEFERRED EMPLOYMENT BENEFITS, LIFE INSURANCE, INCOME FROM PROPERTY AND CERTAIN APPRECIATION OF PROPERTY.
Do unmarried couples have rights in Wisconsin? ›
Wisconsin does not recognize common law marriage or cohabitation relationships to be legally binding, therefore couples do not enjoy the same protections as a married couple in a divorce with regard to property division.
How long do you have to be together for common law marriage in Wisconsin? ›
There are no common law marriages in Wisconsin. The length of time you have been living with a domestic partner is irrelevant, yet, the myth of “common law” marriage persists. For Immediate help with your family law case or answering any questions please call (262) 221-8123 now!
What is considered abandonment in a marriage in Wisconsin? ›
Spousal abandonment refers to one spouse leaving the marriage without justification, consent or intent to return. Because Wisconsin is a no-fault and marital property state, leaving a marriage, even a 50-year marriage, seldom affects property division or support rulings.
How many years do you have to be married to get alimony in Wisconsin? ›
To get alimony during a divorce in Wisconsin you will need to meet the following criteria: your marriage must be longer than 10 years (this is not the rule, but rather the norm) and the income disparity between you and your spouse must be substantial.
California Divides Joint Bank Accounts 50/50 in Most Divorces. California's property division law is different than in most other states. Rather than dividing assets and debts according to what is fair or equitable, the courts in California split everything down the middle.
Does my spouse have to be on my mortgage in Wisconsin? ›
Question 2: How does the Homestead Rule Affect Mortgages for Married Wisconsin Residents? Answer 2: Wis. Stat. Section 706.02(1)(f) requires that each spouse with homestead rights must sign the mortgage for it to be valid unless an exception applies.
Who gets the house in a divorce in Wisconsin? ›
Wisconsin is a community property state meaning all property acquired during the marriage, including the house, is divided equally during a divorce. If you don't sell or co-own the home, a spouse can keep it if they negotiate a buyout, give up other assets, or take the house instead of alimony.
What is considered non-marital property in Wisconsin? ›
Non-marital property is property acquired before the marriage or through an inheritance. Something like an inheritance can be commingled if it is put into a jointly held account or used to buy a marital asset.
What happens if you buy a house and then get married? ›
KEY TAKEWAYS. Property owned before marriage in California is considered separate property. There are ways separate property can become part of the community property during a marriage. Anything that is considered community property jointly owned and subject to equal division in the event of divorce.
Is an LLC considered marital property in Wisconsin? ›
Your spouse owns all of your property (with little exception) including your business. Wisconsin is a marital property state. In the simplest terms, this means that whatever your spouse and you owned separately before the marriage is now owned jointly by both of you, with very few exceptions.
Is inheritance considered marital property in Wisconsin? ›
Inheritance and Divorce in Wisconsin? In Wisconsin, inheritances and gifts are individual property if given solely to one spouse. Wisconsin marital property laws consider inherited assets and gifts as separate property. But, separate property can become community property if it is commingled.
Which of the following is not individual property under Wisconsin's marital property Act? ›
Which of the following is NOT individual property under Wisconsin's Marital Property Act? Predetermination date property.
What is considered personal property in Wisconsin? ›
70.04 Definition of personal property. In chs. 70 to 79, “personal property" includes all of the following: (1g) All goods, wares, merchandise, chattels, and effects, of any nature or description, having any real or marketable value, and not included in the term “real property," as defined in s.
