When a marriage ends, there are some aspects of the day-to-day living that can easily complicate. One of them is the right to reside in the marital home. In Wisconsin law, both spouses retain an equal legal right to reside in the marital home, regardless of whose name appears on the deed or mortgage. Here is how it works.
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The use of temporary orders
If living together becomes untenable, a court can issue a temporary order under Wisconsin law. This order gives one person the right to live in the home alone while the divorce is ongoing.
Judges often consider factors such as:
- Main caregiver: If there are minor children, the court may let the parent who mainly cares for them stay in the home to keep the children’s routine stable
- Ability to pay: The court looks at who can better afford the mortgage or rent, property taxes, and insurance during the case
- Safety concerns: If there are claims of abuse, the court may issue a domestic abuse injunction that can require the other person to leave the home. This this supersedes any family court order
These orders apply while the case is ongoing.
The risk of voluntary abandonment
People often wonder if moving out by choice will hurt their future claim to the home. In Wisconsin, leaving the home does not mean you give up your share or ownership, as it counts as marital property, as most real estate and income that spouses gain during marriage are owned together, even if only one name is on the title. But it can affect how the court views your need to live there. If you set up a new place to live, the court may be less likely to give you the home later because you have already moved on.
Then, what happens to the home?
The final decision about the home is separate from who lives there for now. The home may be sold and the money split, or one spouse may buy the other spouse’s share. For many families in Wisconsin, this requires a meticulous property valuation to make sure the property split is fair.
Knowing these steps can help you keep housing stable now and protect your finances over time during a divorce. But if you have any questions or would like to know more about the law to take an informed decision, a specialized lawyer can advise you accordingly.