MW 'He always managed to play golf': My husband of 14 years never worked and now we're divorcing. He wants half of my $1 million home. What can I do?
By Quentin Fottrell
'I made all the mortgage payments, in addition to paying for health coverage for both of us'
Dear Quentin,
I have been married 14 years. My plan is to file for divorce from my husband and keep the home I purchased alone before our marriage, which we used as a marital home. It's worth approximately $1 million. I was the only person working during our marriage.
I made all the mortgage payments, in addition to paying for health coverage for both of us. He is taking his Social Security, and has Medicare and a small pension. He plans on leaving and taking half of the proceeds from the sale of the home - $500,000 - although he never worked.
Will the 50/50 rule apply to me? This is the only issue I have in dissolving our marriage. We have no dependents or other issues on the table. He was not unable to work, but he found excuse after excuse not to work - yet always managed to play golf whenever he could.
I just want the profit from my home.
Homeowner in Wisconsin
Related: 'He's planning to bleed me dry': My husband turned into a monster after we married. I own a $1.3 million home. How do I save my finances?
Dear Homeowner,
It's time to shout, "Fore!"
In other words, you may wish to alert your husband that a rogue golf ball - or, in this case, an unexpected and unwelcome surprise - is coming his way. If he believes that he can live in a home you purchased prior to your marriage, even as your husband, and contribute nothing to the marriage financially and walk away with half of your house, he is sorely mistaken.
Wisconsin, as you are no doubt aware, is a community-property state. That means that anything purchased during the marriage is deemed marital property, while assets acquired prior to the marriage are separate property. Never the twain shall meet - unless, for example, your husband contributed in some significant way to a renovation on your home, thus commingling that asset.
A divorce attorney should inform you of your rights and the law in your state. Wisconsin's Marital Property Act states that both spouses contribute to supporting a marriage, even in a one-salary household. The law is complex and nuanced, but clear: Marital property is split equally, but - from what you say - that does not include your house.
The State Bar of Wisconsin is also clear: "The law says that, with limited exceptions, whatever the couple acquires during their marriage should belong to them equally. This translates into certain advantages. For example, a non-employed spouse has easier access to credit, and each spouse can make individual decisions about bequeathing assets."
Commingling marital assets
"For an item to be individual property, however, you must have records that prove it belongs solely to you, and that property must be kept separate," the state bar adds. "Otherwise, the law presumes that all property owned by spouses is marital property, belonging to both of you equally." Similarly, inheritance is separate property.
But beware: "Separate property can become marital property, and if a judge feels property has become marital, it could be subject to division," according to the law firm Cross Jenks Mercer & Maffei LLP, which has offices in Wisconsin. "For example, taking inheritance money and depositing it into a shared bank account would make it marital funds."
"Additionally, a judge could consider separate property marital property if the non-owner spouse significantly contributes to the improvement of said property," the firm adds. "If, for example, you own a business prior to marriage and your spouse contributes to the growth and success of your business, it could make this separate property turn into marital property."
You don't need to be overly concerned about the profit of your home, because you should not need to sell it. You bought it before your marriage 14 years ago and, assuming you have the documentation and a judge agrees that this should remain separate property, you can live there for the next 14 years. Just make sure you change the locks to the clubhouse when the final papers are signed.
More from Quentin Fottrell:
'I'm a mother in my 40s and I'm financially independent': I'm about to inherit $850,000. What should I do with my windfall?
'I feel like an idiot. I need every cent to retire': I gave a friend $20,000 to buy me a car. He ghosted me. I called the police. What options do I have?
My sister inherited $350,000, but her husband was diagnosed with dementia. Should they divorce so he can qualify for Medicaid?
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-Quentin Fottrell
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June 29, 2024 12:02 ET (16:02 GMT)
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