Community Property in Wisconsin
State-specific overview · Family Law
Wisconsin recognizes community property (called "marital property"), making all earnings and acquisitions during marriage equally owned.
How Wisconsin treats Community Property
Wisconsin is a community property state that uses the term "marital property" instead of community property. All property earned or acquired during the marriage is marital property owned equally by both spouses, regardless of whose income paid for it or whose name is on the title. Property owned before marriage, received as a gift or inheritance, or acquired after a legal separation is separate property. Upon divorce, marital property is divided equally unless the court finds equal division is unconscionable.
The general definition of Community Property
Property acquired during marriage that is owned equally by both spouses, regardless of who earned it.
Community property is a legal system used in certain states where most assets and income earned during a marriage belong equally to both spouses. It doesn't matter whose name is on the title or who earned the money—the law presumes it's jointly owned. When the marriage ends, community property is typically divided equally between the spouses. Separate property (owned before marriage or inherited) stays with the original owner.
Read the full Community Property entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Wisconsin.