Dividing the marital assets is one of the most contentious aspects of filing for divorce, especially when it comes to the family home. Perhaps you have a sentimental attachment to the house or are pursuing primary custody of your children. Although each party may have a legitimate claim to the marital home, who gets the property depends on the circumstances of your marriage and the family laws of your state.

Deciding Who Gets the Marital Home

Understanding Your State Laws

Each state has slightly different guidelines when determining how marital property is distributed after a divorce. Wisconsin and many other states follow the community property principle, in which each party gets a fair and reasonable proportion of the marital property. Bear in mind that this does not always mean that each party receives equal shares of the estate. Instead, judges may weigh a variety of factors to determine what a fair and equitable division may be.

Factors Influencing Property Division in Wisconsin

When deciding who should receive the marital home, courts will consider several factors, including the duration of the marriage and the contributions each party has made in the marriage. For instance, if one spouse has limited earning potential after abandoning a career to care for children, the court may decide that they should get the marital home in compensation.

Your Options in a Divorce

Family law gives divorcing couples several options regarding what should be done with the house. You may negotiate a buyout, in which one spouse takes the home while ceding their interests in most of the other marital property. Alternatively, you may elect to sell the property and divide the proceeds, which may be an attractive option if you don’t have dependent children to care for or substantial equity in the property.

Dissolving a marriage is almost always legally complex and emotionally difficult, but the family law attorneys at Arndt Buswell & Thorn S.C. will streamline the process, so you can begin moving forward with your life. With offices in Sparta and Bangor, they’ve been western and central Wisconsin’s law firm of choice for 25 years, providing effective legal counsel to those who need it most. Visit their website for an overview of their family law services. To schedule a consultation, call (608) 269-1200 for their Sparta office or (608) 486-2324 for their Bangor location.