Can My Spouse Evict Me From Our Home in a Wisconsin Divorce?

 Posted on April 30, 2024 in Property Division

In high-conflict divorces, it is not uncommon for a spouse to want to force the other spouse out of the home. Being ordered to leave the house by your spouse can be frightening, especially if you have no other living arrangements. This article will discuss your rights in Wisconsin if you are evicted by your spouse during a divorce.

If your spouse is threatening you with eviction, reach out to a Wisconsin divorce attorney as soon as possible.

Who Does the House Belong to?

Under Wisconsin law, the house that a couple lives in while they are married — called the marital home — belongs to both spouses. This is the case even if only one party’s name is on the lease or mortgage. The house is by default considered marital property and one spouse cannot kick the other spouse out.

The only way one spouse can evict the other spouse is through a court order. Courts are usually reluctant to order either party in a divorce to leave the house, but in certain cases, they will.

Domestic Violence

If one spouse is abusive toward the other, the abused party may ask a judge to bar the other spouse from the home. This will come in the form of an order of protection, otherwise known as a restraining order. If the judge feels that the abusive spouse is a threat to anyone in the home, he or she will issue a restraining order against that spouse.

Can I Be Evicted After the Divorce?

What happens to the home after the divorce depends on how you negotiate the division of marital assets during the divorce process. Because Wisconsin is a community property state, marital assets like the family home will be divided equally between you. Depending on how it is divided, you may either be the one living in the house or you will need to find a new residence.

There are three ways a house is divided in a divorce:

• The parties sell the house and each takes an equal share of the money from the sale.

• One party buys out the other spouse’s interest so that the home belongs wholly to him or her.

• Both spouses agree to co-own the house and decide how it will be used.

Whether you stay in the house or not following the divorce will depend on which of the above methods is used to divide the house.

Contact a Waukesha, WI Divorce Lawyer

If your spouse is threatening you with eviction, consult with a qualified Muskego, Wisconsin divorce attorney who can explain your rights to you. Keep in mind that if you have reached the point of eviction threats, you may be embroiled in a high-conflict divorce. Seek an attorney like those at Bucher, Wolff & Sonderhouse, LLP, who will work aggressively to protect your rights and interests through a high-conflict divorce. Call 262-232-6699 for a free consultation and to receive premium legal services today.