March 04, 2019

Property Division and Debts in a Divorce

Property Division

Deciding to end your marriage can be one of the most difficult decisions you’ll have to make. Worrying about splitting your possessions during your separation can be difficult and complicated. Here are things you should know once you file for divorce.

How are property and debts divided?

Division of property and debt does not necessarily mean a physical division. Rather, the court may award each spouse a percentage of the total value of the property. Each spouse will get personal property, assets, and debts whose worth adds up to his or her percentage.

Wisconsin is a community property state. This means that most property is equally owned by both spouses. As a general rule, things that were purchased or financed during the marriage fall into the community property category regardless of whom did the purchasing. There are some instances where something just belongs to just one spouse, however.

How do we distinguish between community and non-community property?

Here are some guidelines for determining what’s community property and what isn’t:

  • Community property includes all earnings during marriage and everything acquired with those earnings. All debts incurred during the marriage, unless the creditor was specifically looking to the separate property of one spouse for payment, are also community property.
  • Separate property of one spouse includes gifts and inheritances given just to that spouse, personal injury awards received by that spouse, and the proceeds of a pension that vested before marriage. Property purchased with the separate funds of a spouse remains that spouse’s separate property. A business owned by one spouse before the marriage remains his or her separate property during the marriage, although a portion of it may be considered community property if the business increased in value during the marriage or both spouses worked at it.

Need help securing your belongings? Call GCW.

Gingras, Thomsen & Wachs, LLP is a team of compassionate and experienced Wisconsin attorneys who have helped clients over the years to navigate the complicated arena of family law and property division. Contact our family law attorneys at GCW today for a free consultation.

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