What if one spouse has title to all of the property in his/her name? Is the other party still entitled to the presumption of equal division?
Yes. Because Wisconsin is a marital property state, each spouse is entitled to a one-half interest in all property acquired by either spouse during the term of the marriage. Therefore, who actually holds title to property is essentially irrelevant in Wisconsin, except if the property is gifted or inherited; in that event, title to the property may be significant.
Related Questions
- Can a joint tenancy title be changed without permission of the other joint tenant, and is my mother entitled to all or half of the property?
- What effect does adultery or other bad conduct of a spouse have on the division of property?
- Does fault (like one spouse caught cheating) affect the division of marital property?
