Being "Forced" From Marital Home

[jazz99]

What is the name of your state (only U.S. law)? Wisconsin

Can one spouse be "forced" to leave the marital home when there are no issues of abuse or anything related? If both spouses want to stay while divorce is pending, do courts in Wisconsin "order" one person to leave and if so, how is this determined? There are children in this case, but no contention of placement. It would be 50/50 once all is settled. Or, do the courts simply not order either spouse to leave and they have to either co-exist in family home or one party has to choose to move out?

 

[Proserpina]

What is the name of your state (only U.S. law)? Wisconsin

Can one spouse be "forced" to leave the marital home when there are no issues of abuse or anything related? If both spouses want to stay while divorce is pending, do courts in Wisconsin "order" one person to leave and if so, how is this determined? There are children in this case, but no contention of placement. It would be 50/50 once all is settled. Or, do the courts simply not order either spouse to leave and they have to either co-exist in family home or one party has to choose to move out?

The court generally won't do anything without one party asking for something to be done.

Commonly one party will ask for exclusive use of the home. If neither party requests this, then nothing happens until someone moves, or someone asks the court to intervene.

 

[jazz99]

Thanks for your input. I guess my follow up question would be, if one person asks, under what basis might the court grant it?

Mortgage is in both our names.

 

[Proserpina]

Thanks for your input. I guess my follow up question would be, if one person asks, under what basis might the court grant it?

Mortgage is in both our names.

Forget the mortgage for a sec. How is it actually deeded?

 

[single317dad]

Sometimes it's wise to establish separate living quarters within the premises when neither party wants to move out but also do not want to live with one another.

 

[jazz99]

Unsure how it is "deeded" but would have to assume it is both our names.

 

[Proserpina]

Unsure how it is "deeded" but would have to assume it is both our names.

Find out, quickly. If you're the only one on the deed, the most the court can do is address the equity in terms of assets.

(Unless it was purchased during the marriage)

 

[jazz99]

We are both on the deed.

 

[Proserpina]

We are both on the deed.

Then you both have the right to ask for exclusive use of the marital home.

Would the spouse be able to refi?

 

[jazz99]

She would not have the ability to refinance, not at this time anyway. Once all is said and done, I am not even sure I will. I guess I don't understand how simply asking for exclusive use would then be considered? How can either spouse be forced to leave in Wisconsin?

 

[Proserpina]

She would not have the ability to refinance, not at this time anyway. Once all is said and done, I am not even sure I will. I guess I don't understand how simply asking for exclusive use would then be considered? How can either spouse be forced to leave in Wisconsin?

Because the law allows the court to do so.

If you refi, make darned sure you remain on the deed. The last thing you want is to be stuck with paying for a property that's not yours legally. What's the status of the mortgage?

 

[jazz99]

Because the law allows the court to do so.

If you refi, make darned sure you remain on the deed. The last thing you want is to be stuck with paying for a property that's not yours legally. What's the status of the mortgage?

What basis and or factors will the court use in determining if one party gets exclusive use or not?

 

[Proserpina]

What basis and or factors will the court use in determining if one party gets exclusive use or not?

Need, ability to refinance, anything else the court wants to consider.

 

[stealth2]

If the two of you can't get along, the court may feel it best for the children if you be physically separated. Temp custody can also be ordered.

 

[CJane]

Are you asking for specific things you can cite in court that would convince the court to force your wife to leave the marital home?