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Wisconsin Homestead Declaration following Decree of Legal Separation or Divorce

Category:
Real Estate - Homesteads
State:
Multi-State
Control #:
US-02099BG
Format:
Word; 
Rich Text
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Description

Ordinarily, the declaration must show that the claimant is the head of a family. In general, the claimant's right to select a homestead and to exempt it from forced sale must appear on the face of the declaration, and its omission cannot be supplied by extraneous evidence. Under some statutes, a declaration of homestead may be made by the owner or by his or her spouse.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Homestead Declaration Following Decree Of Legal Separation Or Divorce?

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FAQ

Wisconsin is considered a community property state. This means all marital property and assets will be divided 50/50 in the event of a divorce, legal separation, or annulment. Property gifted to an individual spouse or property inherited by each person may be excluded from the 50/50 division.

File the Action. The summons and petition (or joint petition) for divorce or legal separation and confidential petition addendum must be filed and a fee paid to the Clerk of Circuit Court. (Note: There is a mandatory 120-day waiting period before the court can hear the final hearing.)

A legal separation can be a stopping point on the way to divorce. It allows a couple to resolve all the important issues (custody and financial issues) in their lives while keeping the marriage intact and determining what they really want. A legal separation is reversible. If you get divorced, there is no going back.

Grounds for Legal Separation In the case of legal separation, ing to Wisconsin Statute 767.315, one or both spouses need only identify that their marriage has ?broken?, meaning there is still a possibility of reconciliation.

If the spouses agree, they may convert the legal separation to a divorce at any time. If they do not agree, either spouse may convert the legal separation into a divorce by filing a motion to do so after one year from the date the legal separation was granted.

Legal separation in Wisconsin allows couples to remain married and maintain the financial advantages of marriage, such as health insurance, but live separate lives, whereas divorce completely dissolves the marriage.

You Can't Remarry if You Are Legally Separated Another disadvantage of a legal separation is that it doesn't end your marriage. You can't remarry if you are legally separated. Therefore, you and your spouse must remain married on paper, even if you live apart and consider yourselves divorced.

The main difference between the two actions is that at the end of the divorce process, the marriage is ended, while at the end of a legal separation the parties are still technically married. All assets and debts are still divided in either action and that division is considered final.

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Wisconsin Homestead Declaration following Decree of Legal Separation or Divorce
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