When marriages start to unravel, it is not uncommon for a spouse to demand the other move out. If the house is owned by only one party, many wonder if a spouse can evict the other from the family home.
Separate vs Marital Property
If the property was acquired before the marriage or a spouse inherited the property individually, it is considered separate property owned by one spouse. This differs from a home purchased during the marriage which would be community or marital property to be divided in a divorce.
Court Orders for Eviction
As to the question of eviction, regardless of whether a home is separate or jointly owned property, a court order is necessary to make a spouse vacate the home. This is typically a scenario that arises in a divorce, where temporary orders or a final divorce decree outlines the terms of eviction if the home is indeed separate property.
Divorce Settlement Process
That said, unless there are extenuating circumstance such as domestic violence or abuse where at least a temporary eviction might be warranted, the court will likely consider the home as belonging to both spouses as the divorce case winds its way through court and ownership is established during the divorce settlement process.
In Wisconsin, joint ownership rights are automatic for a house acquired during the marriage even if a both spouse’s names do not appear on the title. The home is equally shared between spouses in the event of divorce, with assets split 50/50 in community property states including Wisconsin. If, however, one spouse owned a home before a couple was married or he or she inherited the home exclusively, it is considered separate property.
When a spouse owns a home prior to marriage, it may be in the other spouse’s best interests to convert the home to joint ownership to ensure that they get their fair share of the marital assets in the event of a divorce or if a spouse dies. Separate property can be changed to community property by transferring the title into joint ownership, but it is important to work with an attorney to understand any and all implications before moving forward.
Contact an Experienced Marital Property Division Lawyer
Discussing your concerns regarding divorce and marital property division with an experienced family law attorney can help you navigate the process. With over 25 years of experience Jane Probst has the skill to handle even the most complex property and marital asset division issues. When you have questions regarding Wisconsin property division, call (414) 210-3135 or send an email for a free consultation.