Eau Claire Property Division Lawyers
WORKING TO PROTECT YOUR BEST INTERESTS
One of the most contested aspects of any divorce is how the couple’s various shared assets will be divided.
At Otto Family Law, our family lawyers have extensive experience helping individuals navigate divorce. Having an Eau Claire property division attorney on your side during the divorce process can help ensure that your rights are protected. While assets are not always divided equally, our firm can work to make sure they are divided fairly so that your best interests are secure. No matter how complex your case may be, you can rely on our team for compassionate, methodical legal assistance and uncompromising representation every step of the way.
IS WISCONSIN A COMMUNITY PROPERTY STATE?
Wisconsin is one of several U.S. states (the others are Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington) labeled as a community property state. In community property states, all marital property is subject to a 50/50 split upon divorce.
SEPARATE PROPERTY IN WISCONSIN
Separate property in Wisconsin is any asset that falls under one of the following categories:
- Any assets/property owned by one spouse before the marriage
- An inheritance obtained by only one spouse
- Any gift made to only one spouse
- Personal injury compensation acquired by one spouse for pain and suffering
For example, if you owned a house before marrying your spouse, that is considered separate property. However, the issue of marital vs. separate property can quickly become complicated. If, for instance, you sold a house that you owned before marriage and then used the money from the sale for a down payment on a marital home, you will likely be awarded the pre-marital portion of the down payment from the equity in your current shared residence. However, it can be difficult to prove the amount of existing equity in the house at the time you were married. Because of such complexities, it’s wise to seek out a skilled division of assets attorney in Eau Claire who can help you work to protect your assets.
HOW ARE ASSETS DIVIDED IN A WISCONSIN DIVORCE?
Wisconsin courts assume that all of your property is to be divided equally, but there are many exceptions to this and many factors the courts will consider.
The court may divide assets in an unequal manner if it determines that one of the spouses committed financial misconduct. This can include the purchase of illegal substances/drugs, significant loss due to gambling, hiding assets during divorce proceedings, or using substantial amounts of money in an affair. Courts may also divide assets unequally based on the value of the property and amount of debt each spouse brought into the marriage.
What Our Clients Say
THE STORIES THAT MATTER MOST
“Having to navigate the court system plus divorce and all the emotions associated with that, I was feeling massively overwhelmed. A friend of mine told me that mediation might be a better solution since my partner, and I were getting the divorce under mutual terms. After a Google search we found Otto Family Law “Divorce in a Day” service. Speaking with Lauren Otto she completely put our minds at ease and gave us that breath of fresh air that we needed. The whole process is simple and takes away a lot of the worry and confusion. Lauren was always willing to answer any question we had and easily explained anything we had worries about. I don’t plan on getting another divorce, however if I find myself in this situation again, I know exactly who I am calling.”
“I had a great experience with Otto and Steiner .. They were patient with my payments and worked with me but made me aware ahead of time I needed to get this done in a timely manner and understanding .. I would recommend them to anyone and definitely go to them in my future if I needed to. Thank you Attorney Otto.”
“Thank you Lauren for helping us get visitation with our granddaughter. The first visit was awesome. We could not have done it without you.”
“Very professional, lots of knowledge. Helped me in my custody situation and went step by step how everything works. Did an awesome job.”
“I would definitely recommend Lauren Otto for family law! She has been a great attorney for me and my 2 daughters. I’m still currently going through a long and rough divorce. Otto was able to have my girls returned to me from their mother, who left one day and went 4 states away. I was able to get physical placement and sole custody! I honestly could not have asked or found a better more caring and professional attorney! I would highly recommend her, to anyone going through a divorce.”
Why Choose Our Firm?
EXPERIENCED ADVOCATES. EACH STEP OF THE WAY.
Strong Backgrounds & Experience
With an exclusive focus on Family Law and decades of experience, our team is ready to successfully take on any challenge.
Longevity in the Community
With over 50 years of roots in the Chippewa Valley, we are dedicated to exceeding our clients’ needs.
Innovative & Responsive
We are always looking for new solutions to create the most successful outcomes for our clients.
Every case is unique. We tailor each experience to meet the needs of each and every client.
Honest & Understanding Counsel
We understand you might be facing difficult times. We pride ourselves on honest and compassionate counsel.
Payment Plans Available
We now have payment plan options available to all clients.