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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27991
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Good Morning, my wife and I were considering a divorce. We

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Good Morning, my wife and I were considering a divorce. We live in Wisconsin we have lived in our home for 13 years the house is in her name and nearly paid for. We have split the mortgage and most bills together. I would like to get some or most of that money back if we do go through a divorce I would like some of the equity that is in the house so I can buy my own do I have a case
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Even though the home is in her name, was the home purchased during the course of the marriage?
Customer: replied 3 years ago.

Yes and No Can you give me both scenarios ?

Certainly. If the home was purchased during the course of the marriage, it would be considered a martial asset. As such, you would be entitled to a share of the home and it would need to be determined, what is going to be done with it. By that, I mean is it going to be sold and the sale proceeds split between you and her or will it be awarded to one party and the other will be required to buy them out? What type of ownership interest will be kept, if anything. If it was owned by her prior to the marriage, then you likely could only make a claim to a portion of the increased value of the home ( equity), as a result of your contributions, over the years. That is going to be more difficult to determine but she would be awarded the home and get to keep it and then it would need to be decided how much, if any, should you receive. In an ideal situation, the divorce would be uncontested and you both would be able to agree on the division of the martial assets and debts. You could make her an offer to buy you out, so you can walk away and use that money for your own home, if she is willing to do that.

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