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A good friend of mine is has left a lesbian relationship of 28 yrs and is wondering if she can sue for palimony.

1 Answers. Asked on May 18th, 2017 on Family Law - Wisconsin
More details to this question:
-They are not married. -They have raised an 11 year old daughter together. -They both worked and contributed to the household for 28 years. -Is the one who left eligible to a portion of the sale of their house, even though it is not in her name? Is she eligible for palimony if the other one makes considerably more money than she?
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Answered on May 19th, 2017 at 6:09 AM

The answer to your question is no. Wisconsin does not recognize "palimony" whether in a hetrosexual or homosexual type of relationship. Chapter 767 of the Wisconsin statutes (family code) does not apply to a couple who are not married. There is no presumption of 50/50 property rights and no rights to collect spousal support (maintenance). However, Wisconsin does recognize equitable property division. A person has  a right to file a civil lawsuit to divide up the estate for property or debts acquired during the relationship. The court has discretion as to the length of the relationship, contributions made by both parties, and the size of the estate, as to how best divide the estate between them. The starting point is not presumptively 50/50. The parties would still have to deal separately in a chapter 767 proceeding for issues of custody, placement and child support of their child together.

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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Family Law
A family law attorney can guide you through the many legal issues facing couples, parents and their children. Family law lawyers can work with individuals who are engaged or married to create pre-nuptial agreements and post-nuptial agreements. Family law attorneys will also work with individuals and couples seeking to start or grow a family through adoption. And law firms can work with individuals who are getting divorced to negotiate a divorce agreement, including alimony, palimony, the division of property and debts, child custody, child support and visitation.
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