These days, it is not uncommon for couples to live together without marrying. However, unmarried, cohabitating couples in Wisconsin do not have the same protections as married couples with regard to property division when the relationship ends.
That said, Wisconsin courts have developed a doctrine referred to as Watts Cases to address property disputes that arise between unmarried couples. Watts is based on contract law, not marital property law, which means that a court will take into account the couple’s intentions, actions, and any agreements they may have made regarding property ownership and division during the relationship.
There are several factor the court will take into account to determine if a Watts case applies:
- Cohabitating is not unlike marriage in that couples tend to pool their financial resources to pay monthly expenses, making repairs to a home or car, or pay for big ticket items such as a child’s school tuition or making a down payment on a home. Decisions made jointly regarding finances may factor into the division of property under Watts.
- Married or not, being in a relationship, which may include raising a family, requires both parties to devote time, energy, labor and other resources to pull it off. Contributions of various resources may also factor into property division under Watts.
- Under Watts, a couple must live together for a significant period of time – long term, continuous cohabitation demonstrates a stable and committed relationship. A couple must have presented themselves as a family to outsiders, asserting their domestic partnership in writing or otherwise.
After providing the necessary evidence, if a Watts case applies the court will divide property acquired during the relationship in a just and equitable manner. However, to avoid disputes and protect your rights, unmarried couples are strongly advised to enter into a cohabitation agreement to clarify property rights should the relationship end.
An experienced family law attorney can help couples execute a comprehensive cohabitation agreement which will clarify ownership, specify how assets and debt will be divided if the relationship ends, and how property will be distributed in the event of one party’s death.
Contact an Experienced Family Law Attorney for Help
In any relationship, protecting your financial interests is key. When you have questions regarding Wisconsin property rights for unmarried couples, contact Probst Law Offices for immediate assistance at 414-210-3135.