Question

Rob and Candice are a married couple who live in Wisconsin and after 12 years of marriage have decided to divorce. Candice moves to Detroit and files for divorce and is granted it. Under the terms of the divorce Candice will be given the family home in Wisconsin as well as the family car. Rob believes that the home and car are his because he still lives in it and drives the car. Rob files a lawsuit in Wisconsin to have the state of Wisconsin declare ownership. Who wins and why?

Answer 1

Rob and Candice is a married couple who lives in Wisconsin and after 12 years of marriage have decided to divorce. Candice moves to Detroit and files for divorce and is granted it.

Under the terms of the divorce,

• Candice will be given the family home in Wisconsin as well as the family car.
• Rob believes that the home and car are his because he still lives in it and drives the car.

Rob files a lawsuit in Wisconsin to have the state of Wisconsin declare ownership.

The divorce decision for the couple will be reviewed with respect to the legal clauses applicable in this divorce case and the decision for the lawsuit will be as per the legal divorce clauses applicable and the joint agreements of the couple for the division of the property against the divorce case.

Decision for Family House: The decision for the family house can be as below

• If the family house was owned by one of the spouse prior to marriage, then the house property will be out of the marital assets and the spouse (who owned earlier) can continue to own the house with him as per the divorce clause.
• If the family house was a joint marital property, then it can undergo in following decisions as
  • Co-ownership – Both the spouse can keep the co-ownership for the house property till their children gets over the age of 18.
  • One spouse can get the ownership by paying the half of the amount to other spouse or vice versa, based on the joint agreement between them.
  • The house property can be sold and both spouse can divide among them the received house amount after sale.
  • One spouse can buy from other spouse upon their agreements and vice versa.   

The decision for the family car could also fall in the similar fashion of the house assets.

• Prior Owned Ownership – If the family car was prior owned by any spouse, then he/she can keep the car as per their prior owned conditions.
• Purchase by one Spouse: With their joint agreement, for joint marrital car, one of the spouses can buy the family car and pay the half of the amount to other spouse.
• Sale of family car : With their joint agreement, for the joint marrital car, the family car can be sold in market and the amount can be divided among the spouses.

The asset division after the divorce will be carried out as per their joint agreement and in case if they are not able to make joint agreement, then the judge will be able to divide the property based on the above legal rules.

By the name of Family house and family car, it looks that Rob may have prior owned ownership, so he can have the ownership for both, as per legal clause applicable.