Legal Question in Family Law in Wisconsin

Who's home is it

I purchased my home before we married. We moved into it together. The mortgage is in my name alone, after getting married, I attempted to add my husband's name to the house. The bank would not do it because of my husband's credit history.However, his name is on the 2nd mortgage.Because we live in a community property state, is he entitled to half of the house even though it is only in my name? We have 3 children that I will be providing for, and plan to stay in this house.Is he obligated to help pay for the mortgage until the children are 18?


Asked on 10/06/03, 11:13 am

1 Answer from Attorneys

Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Who's home is it

Hello,

It is difficult to answer questions in this format because we always only have some of the facts. I will give you some impressions, but to get an actual legal opinion or counsel you can rely on, you will have to contact an attorney by phone or in person. The general rule is that property acquired during marriage is 50/50. If you bought the house before marriage, it might end up being yours, and not his. It is not likely that he will have to pay for the mortgage -- technically. That is, you might get the house and have to pay the debts. However, if you get the children then he will have to pay child support and you use that money to pay the mortgages. This is a great simplification -- what ultimately happens and what your options are, can vary from what I just said. So if you need an opinion and information to rely on, double check this with an attorney. Best wishes,

Mark J. Mahoney 920-984-4529

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Answered on 10/07/03, 4:25 pm


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