Q: If I accept my husband divorce request, will I win my 50% marital assets in Wisconsin ?
We are married almost 5 years. Due to covid, my immigration paper had to be renew. I did work few month and provide money to support my husband. I think i am still an immigrant. I still don't have a green card. Due to different religion, due to family religious arguments and lack of marital communication due to difference, i received family-in-law threat of chasing me out of the house and threat of divorce from my husband.
He owns 1 house prior to mariage which i lived in, and a 2nd house where we live in. Both house are in the process to be on the market. He has 1 car, just enough money to pay bills, 2 credit cards debt of 2000. And material inside the house.
Can i accept the divorce and leave with at least 50% of the 2 houses ?
His family also push him to remove his name on the 2nd house so that he will not get any money. Will I lose my right on the 2nd house if he removes his name ?
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A:
In Wisconsin, marital property is generally divided equally (50/50) between spouses in a divorce. However, there are several factors that can influence the division of assets:
1. Property acquired before marriage: Assets owned by either spouse before the marriage, such as your husband's first house, are typically considered individual property and not subject to division in a divorce.
2. Length of the marriage: The duration of your marriage (nearly 5 years) may impact the court's decision on property division.
3. Contributions to the marriage: The court may consider each spouse's financial and non-financial contributions to the marriage when dividing assets.
4. Immigration status: Your immigration status should not directly impact your right to marital property division, but it may affect your ability to remain in the United States after the divorce.
Regarding the second house, if your husband removes his name from the title before the divorce is finalized, it may complicate the division of that asset. However, the court may still consider it marital property if it was acquired during the marriage, regardless of whose name is on the title.
It is essential to consult with a qualified family law attorney in Wisconsin who can evaluate your specific situation and provide guidance on your rights and options. They can also help you navigate the complexities of your immigration status in relation to the divorce proceedings.
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