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Arguments over specific property during divorce

| Apr 25, 2018 | Blog |

Wisconsin readers know that property division is one of the most emotional and difficult issues to work through in a divorce. People are rightfully concerned over what is going to happen to their stuff, and you may have this concern as well. Disputes can be stressful and lengthen the divorce process, so it may be beneficial for you to seek an understanding of your rights to specific property.

Wisconsin is a community property state. This means both spouses jointly own all property accumulated over the course of the marriage. You have a 50 percent ownership stake in everything you and your spouse bought, built or accumulated during the marriage. As with all property disputes and divorce, it can be beneficial for you to seek guidance when dealing with these complex issues.

Fighting for what you want in a divorce

There may be a specific asset you want to keep in your divorce, and that may be possible. While it is impossible to divide every piece of property jointly owned by you and your spouse, you may still be able to negotiate the terms of your property division order that would allow you to retain a specific item. 

As you navigate the divorce process and address difficult issues, such as property division and financial issues, it can be helpful to understand what the courts consider community property. This includes the following:

  • Income earned by you and your spouse during the marriage
  • Anything you bought or your spouse bought with your income over the course of the marriage
  • Separate property that is indistinguishable from community property because of significant commingling 

If you would like to ensure you are able to keep something specific, you may pursue this in divorce negotiations and discussions. When out-of-court resolutions are not possible, you can make a specific request of the court or work with your lawyer to fight for your desired outcome. 

Pursuing the outcome you deserve

Divorce is difficult, and one of the most difficult things is the thought of losing the property you worked hard to earn and accumulate. Disputes over specific assets are often emotionally driven, but it is still possible for you to walk away with the things that are most important to you.

When pursuing a specific goal in your divorce, you may find it beneficial to start by seeking an evaluation of your case in order to understand how you accomplish your goals and avoid unnecessary delays and issues.