Wisconsin Property Law

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Commonly Asked Questions about Wisconsin Property Law

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.

When did Wisconsin become a community property state?

Effective January 1, 1986, Wisconsin became the 9th state to make community property the core law for property ownership and control in marriage. All nine states community property laws differ in some respects, but in all cases title no longer controls ownership.

What is the point of community property states?

A community property state determines all property, earnings (and debts!) that are accumulated during a marriage are equal amongst two people. Not all states recognize community property, and the specifics vary a little in the states that do.

Is Wisconsin a common law property state?

While some states have laws regarding the division of property in long-standing relationships, Wisconsin is not among them. 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.

How does community property work in Wisconsin?

Wisconsin Marital Property Laws. Wisconsin is known as a community property state. Everything acquired during the marriage will be divided equally after the divorce. This includes income, property, and debts.

Do you have the right to defend your property in Wisconsin?

Wisconsin is a Castle Doctrine state. This means that if you are in your home, car, or business there is a legal presumption deadly force can be used against a person if they have broken into, or are in the process of breaking into, one of these locations while you are present inside.

Why is Wisconsin a community property state?

The Wisconsin Act is based on the funda- mental policy determination that it is desir- able to replace common law definitions of marital rights and responsibilities and implement property rules with a definition of marriage as a partnership between equals and property rules consistent with that definition. Its root