When Unmarried Couples Break Up, What Happens to The Stuff They Own Together?

 Posted on December 11, 2025 in Family Law

Breaking up when you are not married can feel just as painful as divorce, but Wisconsin law treats these situations very differently. Unlike married couples who have clear divorce procedures, unmarried partners must rely on property law and contract principles to divide what they own together. This gap in the law can leave people without guidance when relationships end and shared assets need to be split.

You will need to handle your split through negotiation or civil lawsuits. Usually, each person keeps what is titled in their name. If both names appear on a title or deed, you own that property together, and you will need to decide how to divide it or buy out the other person's share. 

If you and your partner are separating in 2026, a Milwaukee, WI family law attorney with Gimbel, Reilly, Guerin & Brown, LLP is here to help. We have experience in contract law and property rights, and can help you negotiate a fair property settlement. If you have underage children, we can also help you deal with questions of child custody and child support. 

What Happens to a House or Condo That Unmarried Partners Own Together?

If two partners who break up are on the deed of a property, you are co-owners – typically as tenants in common or joint tenants. When the relationship ends, you have several options:

• One person can buy out the other's share by refinancing the mortgage or paying cash. 

• You can also sell the property and split the proceeds. 

• If you cannot agree, either person can file a partition action in Milwaukee County Circuit Court, asking a judge to force the sale of the property and divide the money. 

Wisconsin Statutes Section 842.02 allows any co-owner to ask the court to partition property when owners cannot agree about what to do with it. 

Who Pays off Debt When an Unmarried Couple Splits Up?

Debt follows the name on the account. If a credit card or loan is in your name only, you remain responsible even if your ex-partner promised to help pay it. If both names appear on a loan, both people remain liable to the creditor, regardless of any private agreement between the two of you. 

Milwaukee County courts cannot divide debt between unmarried partners the way family courts divide marital debt in divorce. You can sue your ex in small claims or civil court if they agreed to pay certain bills and failed to do so, but the creditor can still go after either or both of you for joint debts.

Can a Cohabitation Agreement Protect Your Property Rights in Wisconsin?

A cohabitation agreement is a written contract that unmarried couples write to state how they will handle property, expenses, and assets if they separate. Wisconsin law recognizes these agreements under basic contract principles. 

If you and your partner signed a cohabitation agreement before splitting up, a court will generally enforce its terms as long as the agreement is fair and both of you signed it voluntarily. These agreements can address who owns what, how you will divide shared property, and who pays which debts. Milwaukee couples who live together and share finances should strongly consider drafting one of these agreements before disputes come up.

How Can Unmarried Partners Negotiate Property Division Without Going to Court?

Many former couples work out property division through direct negotiation or mediation. Mediation involves hiring a neutral third party to help you reach an agreement. While mediators cannot force a decision, they can facilitate productive conversations and help you avoid expensive litigation. This is often the best way to handle disagreements because the mediator can keep tensions down and help you come up with creative solutions. 

If you do reach an agreement, put it in writing and make sure both parties follow through immediately to avoid future conflict. You and your partner should both sign the agreement and consider having it notarized. 

Can You Get Money Back If Your Ex Kicked You Out of Your Shared Home?

Wisconsin law may allow you to recover damages if your ex wrongfully excluded you from property you legally own or have a right to occupy. This is called ouster. If your name is on the deed or lease and your partner locked you out or prevented you from accessing the property, you might have a claim for the rental value of your share of the home during the time you couldn’t get in. 

To succeed with an ouster claim, you must show that you had a legal right to occupy the property and that your ex intentionally kept you out, perhaps by changing the locks. Milwaukee County courts can award you compensation for the reasonable rental value of your ownership interest for the period you were wrongfully kept out.

Can I Claim Unjust Enrichment if My Partner Keeps Everything I Helped Pay For? 

An unjust enrichment claim, or a "Marvin claim," argues that one person unfairly benefited at the other's expense. For example, if you paid the mortgage on a house titled only in your ex's name, you might claim unjust enrichment to recover some of that money. Other examples of behavior that could lead to unjust enrichment claims include: 

• Paying for renovations on a home your partner owns in their name alone

• Putting money into a joint bank or retirement account

• Starting a business together or contributing to your partner’s business

Wisconsin courts require you to prove that your ex received a benefit, that they were unjustly enriched by that benefit, and that it would be unfair for them to keep it without compensating you. You cannot have given the benefit as a gift, and you’ll have to show that you expected some return on it. You do not necessarily have to have a written contract that says you agreed to share property; it can be implied or inferred from your actions. 

What Happens If Unmarried Partners Can’t Agree on Property Division?

If negotiation and mediation fail, you may need to file a civil lawsuit in Milwaukee County Circuit Court. You can file a partition action to force the sale of jointly owned real estate or sue for breach of contract if you had a written or oral agreement about property division. You might also pursue claims for unjust enrichment, conversion, or other property-related legal theories. 

Wisconsin courts will apply property law rather than family law to these disputes, which means there are no presumptions about equal division or fairness like there are in divorce cases. The outcome depends entirely on who can prove legal ownership or entitlement to disputed property.

Contact a Milwaukee Family Law Attorney

Dividing property after an unmarried relationship ends requires careful attention to ownership documents, agreements, and Wisconsin property law. A Milwaukee, WI property rights lawyer at Gimbel, Reilly, Guerin & Brown, LLP can review your situation, explain your legal options, and help you protect your interests. Call 414-271-1440 to discuss your case and learn how to move forward with property division or related disputes.