A cohabitation relationship exists when two unmarried people live together.

Wisconsin Marital Property Laws & Cohabitation Rights

Although Wisconsin is often referred to as a community property state, the typical "California style" community property laws are not recognized in Wisconsin. The essence of Wisconsin's community property laws rests in its marital property statutes, which do not apply to cohabitants. Consequently, the laws that apply to a cohabitation relationship and a cohabitant's rights differs greatly from those that apply to a marriage and a spouse's rights. Additionally, the laws of the state of Wisconsin are ever changing.

Wisconsin Marriage Laws

Recently the voters of the state of Wisconsin passed a state constitutional amendment presented to the voters as follows: "Marriage. Shall section 13 of article XIII of the constitution be created to provide that only a marriage between one man and one woman shall be valid or recognized as a marriage in this state and that a legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state?"

The passage of this amendment may have a potentially sweeping impact on unmarried cohabiting and separating couples, whether they are same sex or opposite sex couples, including in areas of property, debt, health insurance benefits that were previously offered by employers to employees in civil unions, access to sick or dying partners. It remains to be seen how if at all this amendment will affect the rights of children to access to same sex adults who have been significant in their support and rearing. The paternity statutes will protect the children who are the children of a mother and father who are splitting.

The case law on which cohabiting couples have previously been able to rely will no doubt be challenged and new law will have to be made in the coming years as the citizens of this State experience the true impact of this amendment.
 

Call Attorney Kathleen Reiley (608-246-8309) or send Kathleen Reiley an email.

See Also:
Cohabitation | Mediation