Legal Question in Real Estate Law in Wisconsin

Cohabitation, Tenancy Rights of Roommate as to Real Estate of Owner

Roommates who are paying rent in this situation rarely gain ownership rights except through marriage or voluntary title transfer by the owner. Some states and religions recognize common law marriage following certain periods of cohabitation, which can result in certain rights where recognized. Wisconsin, however, is not one of these jurisdictions at the moment. In most states including Wisconsin, however, tenants who pay rent gain certain rights short of outright ownership. In WI, these include an entire statutory chapter of presumed lease provisions, restricted activities and duties for the landlord, and many other complications. In order to avoid such problems, I would always recommend a written lease in such situations so that nobody is surprised by unforeseen real estate consequences of any eventual breakup. Eviction through a court process is required in such situations if the person does not voluntarily leave. Your daughter really needs to consult with an experienced real estate attorney prior to entering into such a relationship. Good luck!