Dividing Property In A Wisconsin Divorce
If you are getting divorced, ensuring a proper division of the property you shared with your ex is very important for your future financial well-being.
At Thelen & Associates, LLC, in Waukesha, we understand how to protect our clients’ interests during property division in divorce. Our attorneys provide the skilled guidance needed to help you through the complexities of Wisconsin’s marital property law.
How Marital Property Works In Wisconsin
When a couple divorces in Wisconsin, everything considered marital property gets divided equally, including debt. Wisconsin law defines marital property broadly. Everything that is owed or owned, unless received by gift or inheritance, is presumptively marital property, regardless of whether it was obtained before or after the date of marriage.
Common examples of marital property include:
- The family home
- The family car
- Real property, including land parcels or owned rental properties
- Vacation homes, including timeshares
- An individual retirement account (IRA), 401(k) or pension
Our attorneys can help you make sure marital property is properly accounted for and divided equally under Wisconsin divorce law.
Property Division FAQ
Every marriage and every divorce is different. It is important to speak with a lawyer about debts and assets when it comes to property division in a Waukesha County divorce. Come to us to get your divorce questions answered.
How Is Property Divided In A Wisconsin Divorce?
In Wisconsin, marital property and debts get divided 50-50 between divorcing spouses. But if there is separate property from gift or inheritance, that is handled differently. An experienced divorce lawyer can guide you through the process.
What if a spouse tries to hide assets in a Wisconsin divorce?
Unfortunately, not everyone going through a divorce can trust their ex to be open and honest about everything they own. Trust you placed in your spouse to handle the household finances can be broken through deceit and outright fraud once the divorce process begins. They might fail to disclose all assets as required or transfer them as temporary “gifts” to a friend or relative until your divorce is over. Some methods of hiding assets are quite sophisticated.
However, experts like forensic accountants also have sophisticated techniques for uncovering hidden assets. Our Waukesha divorce attorneys use these and other resources to develop a complete picture of your marital assets to help ensure you receive what you deserve.
Are prenuptial agreements enforceable in Wisconsin?
Wisconsin law does allow couples to make agreements before marriage about how they would divide martial property in the event of divorce. But there are certain formalities that must be met to make the agreements enforceable, such as full financial disclosure.
Work With An Experienced Firm
At Thelen & Associates, LLC, we are committed to getting you through your divorce in a way that best protects your interests. We offer approachable and responsive legal counsel on Wisconsin property division. We will answer your questions and explain things in clear language so that you understand what is happening, what will happen and what might happen. Call 262-200-8002 to speak with one of us about how we can help. You can also reach us online.