What happens to your belongings after a break-up if you cannot agree?  Does it matter if the property was titled individually or held jointly? You may accumulate during the course of your relationship various property, such as:

1) Real estate.

2) Vehicles, boats, campers, etc.

3) Bank accounts.

4) Pets. 

5) Tangible and personal effects, like furniture or appliances.

6) Insurance policies.

While it is best to try to resolve division of these assets and property directly with the other party through settlement, there are legal remedies available through the courts if mutual agreements cannot be reached.

For real property and homes, partition actions may be initiated in civil court to require a judicial sale of real estate, or divide the land awarding specific interests to each individual. Similarly with automobiles titled jointly, if the parties cannot agree to transfer ownership or on refinancing terms, courts may order the sale and for the net proceeds to be split between the parties.

Civil relief may be available through small or large claims actions, tort claims, replevin or other recovery actions to recoup monies or property that was wrongfully converted, transferred or disposed of otherwise. Animals and pets are typically treated as tangible property, therefore ownership of the pet cannot be divided, and authority of the courts is limited with respect to enforcing pet custody agreements.

Contract legal theory offers another strategy for parties who may not have been named on deeds, titles or accounts, but contributed to the value of said assets and seek to be made whole following a break-up. Under Wisconsin law, this is commonly referred to as a Watts action. Depending on which legal doctrines apply, the burden of proof may require a finding that there was a joint enterprise, contributions were made by both parties, and it would result in unjust enrichment if one party walked away with all the benefits conferred by the partnership and mutual effort of both parties. Because no contract likely exists, one may argue there were promises made, those promises were reasonably relied on and should be kept.

To avoid confusion at the time of a break-up, consider protecting yourself with written, binding agreements on cohabitation, property use, possession and ownership. Doing this prior to acquiring property, assets and debt is most always recommended, and our firm can assist with drafting agreements relative to your needs. Of course, if you find yourself in a situation where agreements were not reduced to writing, we can also assist with representing you in civil litigation. Contact Nelson, Krueger & Millenbach, LLC at 414-258-1644 to schedule a free initial consultation.