So, your question is, how do you protect your financial interest in the relationship? And does the court view your relationship as a common law marriage?

Watts vs Watts is nearly twenty years old. I haven't time time or inclination to determine if the Court's ruling was upheld on appeal or not. But one thing I feel relatively confident about---it has certainly been challenged/amended/overturned in the last twenty years. Case law precendents are important. But, in order for them to applicable, they need to be as close to current as possible. A case ruled upon twenty years ago has been, I bet, challenged and/or overturned.

Since Wisconsin does not recognize common law marriages, regardless of how long they lasted, you need to rely on other laws to govern the separation of assets accumulated over the course of your relationship. If the items in question are of considerable value, I'd call an attorney and ask for mediation. If it is not that appreciable of an amount, sue in small claims court, but be willing and able to prove what you purchased and to what you contributed.

Marriage is made for a reason, not only from a spiritual standpoint, but also, obviously, in part, for legal protection in cases just like yours. Shack-ups ( I'm not sure what is the proper term to call it ) ---living together long term without the benefit of marriage relationships ( whew that was so much longer!! ) doesn't afford you any protection that married couples have if the marriage dissolves. Doesn't seem fair, but thats how the ball rolls.

Consult an attorney if you feel you have been treated unfairly. But realize, also, that you are not afforded the same protection under the law as a married woman is. Not says me, says the law. But, I am certain that an appreciable amount of money, such as might be gained through a business venture, is worth hiring an attorney. I would do so immediately, but only if you can prove through receipts specifics, such as "On May 3, such and such a year, I wrote a check for the deposit on the building we rented to start our business." And them provide the cancelled check, written on YOUR checking account. Realize, though, that if you had joint checking accounts, savings accounts, etc. it will be a logistical nightmare to separate what was yours and what was not.


Cohabitation Common Law Marriage Under Wisconsin Law