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The marital home
Comparing a sale, a buyout or deferred sale, and documenting the agreement.
Waukesha / Waukesha County, WI
Waukesha
Divorce Lawyer Keep it, sell it or buy out the house.
For many Waukesha families, the marital home is the hardest asset to decide on. VHD Law helps you compare keeping it, selling it or buying out your spouse, with the numbers in front of you.
Helping clients in Waukesha and Waukesha County
ServingWaukesha, Wisconsin
CountyWaukesha County
VHD OfficeGermantown
Practice FocusDivorce Law
The support you need to move forward
The house is more than a number on a list.
In a Wisconsin divorce, the marital home is usually part of the marital estate, which the court presumes will be divided equally. That leaves three common choices: sell the house and divide the proceeds, have one spouse keep it and buy out the other's share, or, less often, keep co-owning it for a period, for example until children finish school.
Each option has practical consequences. A buyout usually requires refinancing the mortgage in one name. A sale requires agreement on price, timing and who pays for repairs. And keeping a house you cannot afford long-term can create problems later. We help you look at the numbers before you decide.
The right decision about the house is the one you can still afford in three years.
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Know the value and the mortgage
A recent appraisal or market analysis and the current loan balance.
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Check refinancing ability
Talk with a lender about whether you could qualify on your own.
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Consider the children
School stability and timing can weigh on the decision.
Divorce Law matters
Divorce guidance for
Waukesha County.
We help spouses in Waukesha with the home and every other part of the divorce.
02
Property and debt division
Accounts, vehicles, retirement and debts.
03
Maintenance
Whether spousal support may be appropriate.
04
Custody and placement
Parenting plans and schedules for families with children.
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Settlement agreements
Putting the terms in writing so they can be enforced.
Legal guidance for your community
Divorce in Waukesha
Waukesha County divorce cases are heard at the courthouse in Waukesha. Homes across the county, from Waukesha itself to Brookfield, Pewaukee and the lake communities, often represent a large share of a couple's net worth.
Bring your mortgage statement, the most recent property tax bill and any appraisal or listing information you have. If you have talked with a lender about refinancing, bring that information as well.
Our Germantown office serves clients throughout Waukesha County. Contact our team to discuss consultation options.
Find Wisconsin court contact informationYour attorney can explain which local court or agency is involved once the details of your matter are known.
What happens next
Making a decision you can live with.
01
Gather the numbers
We look at value, equity, the mortgage and your budget.
02
Compare the options
We review a sale, a buyout and other approaches side by side.
03
Put it in writing
We include clear terms on timing, refinancing and costs in the agreement.
A closer look at your options
Divorce Law for Waukesha, Waukesha County.
Wisconsin presumes equal division of the marital estate, but the court can deviate based on statutory factors. How the house is handled often depends on the rest of the property division.
A good agreement spells out deadlines for refinancing or listing the home, so the plan actually happens.
Attorneys for your legal issue
Experienced Wisconsin counsel.
Get to know the VHD Law attorneys who work in this practice area. Contact our team to discuss appointments and your legal needs.
Divorce & Family Law
Linda S. Vanden Heuvel
Linda works with clients navigating divorce and other important family law decisions.
View Attorney Profile
Family Law, Custody & Mediation
Lisa M. Vanden Heuvel
Lisa helps families work through legal concerns involving children, relationships and changing circumstances.
View Attorney ProfileFrequently asked questions
Questions about divorce law in Waukesha?
Questions Waukesha spouses ask about the house in a divorce.
Do we have to sell the house?
No. One spouse can keep the home and buy out the other's share, often by refinancing. Spouses can also agree to sell and divide the proceeds.
What if only one name is on the mortgage?
The house may still be marital property. Whose name is on the title or loan does not by itself decide how it is divided.
How is the house valued?
Usually by appraisal or by agreement based on market information. The value and the remaining mortgage determine the equity to divide.
Where are Waukesha divorces heard?
In the Waukesha County Circuit Court at the courthouse in Waukesha.
Related practice areas in Waukesha
Explore Other Legal Services.
See other legal matters our team can discuss with clients in the area.
Let’s talk about your next step
A good next step starts
with a conversation.
Deciding what to do with the house in a Waukesha divorce? Schedule a consultation and bring your mortgage information.