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What happens to the family cabin during divorce?

On Behalf of | Feb 7, 2024 | Divorce |

Among the most cherished possessions often subject to division during divorce is the family cabin.

In Wisconsin, where cabins hold a special place in many families’ hearts, understanding what happens to this cherished retreat during a divorce is important.

Determining ownership of the cabin

Ownership of the family cabin hinges on several factors. If a couple acquired the cabin during the marriage, it is marital property regardless of whose name is on the deed. If one partner owned the cabin before the marriage or acquired it through inheritance, it may be separate property. Complications can arise if maintaining or improving the property involved using marital funds.

Equitable distribution

Wisconsin follows the principle of equitable distribution, meaning the division of assets happens fairly but not necessarily equally. When it comes to the family cabin, the court considers various factors, such as each spouse’s financial contributions, the length of the marriage and each spouse’s needs post-divorce.

Possible outcomes

There are several potential outcomes for the family cabin in a divorce. One scenario is that one spouse buys out the other’s share, allowing them to keep the cabin. Alternatively, the couple may sell the cabin and divide the proceeds. In some cases, the spouses may agree to co-own the cabin post-divorce, sharing access to it for vacations or rental purposes.

For the people who own one of the more than 192,000 recreational housing units in Wisconsin, it is often much more than a property. While the fate of a cabin varies, couples who work together increase the chances of a fair resolution.

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