Today many more young couples may cohabitate rather than marry, which often results in unforeseen consequences if they separate. 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.
Although martial laws do not apply to unmarried couples, it does not mean that all is lost if the relationship sours. In the case Watts vs. Watts, the Wisconsin Supreme Court held that the plaintiff could lay claim to a portion of the property accumulated doing cohabitation, allowing one or both partners to bring an action under contract law theories to recover property from a former partner.
For example, if one partner owns the home in which the couple resided, but the non-owner pays toward the maintenance (taxes, mortgage payments, repairs) during the course of the relationship, the non-owner may be able to recover their contributions when they separate. It is important to work with an experienced family law attorney to discuss property division in cases where a couple is unmarried.
Another option for cohabitating couples who do not intend to marry, but want similar legal protections, is a cohabitation agreement which functions much like a pre or post nuptial agreement between married spouses. Among other issues, a cohabitation agreement can set forth a couples agreement for the division of assets and debt in the event they break up. A cohabitating agreement can also prevent one partner from accruing interest in the property of the other.
If you have questions regarding the division of assets in a cohabitation arrangement, contact Probst Law Offices S.C. for more information.