700.18 Determination of cotenancy generally. Two or more persons named as owners in a document of title, transferees in an instrument of transfer or buyers in a bill of sale are tenants in common, except as otherwise provided in s. 700.19 or ch. 766.
History: 1991 a. 301.
A warranty deed to 2 grantees as “single persons" did not express an intent to classify the property as something other than survivorship marital property when the grantees subsequently married. The use of the phrase “single persons" simply described a fact: that at the time they purchased the vacant lot, the grantees were not married. “Single persons" does not represent a classification of property ownership of any kind, to wit, tenancy in common, joint tenancy, marital property, or any other recognized classification. Droukas v. Estate of Felhofer, 2014 WI App 6, 352 Wis. 2d 380, 843 N.W.2d 57, 13-0147.
Wisconsin's New Probate Code. Erlanger. Wis. Law. Oct. 1998.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 700 - Interests in property.
700.02 - Classification of interests in property as to duration.
700.03 - Classification of present and future interests.
700.04 - Classification of future interests.
700.05 - Classification of remainders.
700.06 - Interest for life of another; succession.
700.07 - Transferability of future interests.
700.08 - Estate tail becomes fee simple; effect of gift over after attempted estate tail.
700.09 - Interest contingent on death without issue.
700.10 - Remainder to heirs of owner of life interest; abolition of rule in Shelley's case.
700.11 - Interests in “heirs" and the like.
700.12 - After-born persons included in class gift.
700.13 - Remainders presumed not to shorten prior interest; acceleration of remainders.
700.14 - Indestructibility of contingent future interests.
700.15 - Nominal conditions not enforced.
700.16 - Perpetuities and suspension of power of alienation.
700.17 - Classification and characteristics of certain concurrent interests.
700.18 - Determination of cotenancy generally.
700.19 - Creation of joint tenancy.
700.20 - Extent of undivided interests in tenancy in common.
700.21 - Covendors in contracts to transfer.
700.215 - Exception for equitable rights of cotenants and 3rd persons.
700.22 - Exception for bank deposits, checks, government bonds and vehicles.
700.23 - Liability among cotenants for rents and profits.
700.24 - Death of a joint tenant; effect of liens.
700.25 - Applicability of chapter.
700.26 - Applicability of general transfers at death provisions.
700.27 - Disclaimer of transfers during life.
700.28 - Prohibiting unreasonable restrictions on alienation of property.
700.35 - Renewable energy resource easements.