How does joint tenancy with right of survivorship work in Wisconsin?
In Wisconsin, two or more people named as owners are tenants in common unless the deed expresses an intent to create a joint tenancy, but a homestead held only by spouses is survivorship marital property unless the deed expresses a contrary intent. Words such as "as joint tenants", "as joint owners", "jointly", "or the survivor" or "with right of survivorship" express an intent to create a joint tenancy. A deed that expresses an intent to create a joint tenancy only between spouses makes the property survivorship marital property, and on a spouse’s death that spouse’s ownership rights vest solely in the surviving spouse. These spouse rules apply to property acquired after the determination date, which is the latest of the marriage, the date both spouses are domiciled in Wisconsin, and January 1, 1986. For property acquired before January 1, 1986, or to which chapter 766 does not apply, owners described as, or who are in fact, husband and wife are joint tenants unless the deed expresses an intent to create a tenancy in common, and the same rule applies to domestic partners under chapter 770. The words in the deed decide which kind of ownership was created, so read the deed itself. This is Wis. Stat. §§ 700.18, 700.19, 766.01, 766.60, 766.605.
| What | Wisconsin |
|---|---|
| A deed to two or more people | Spouses’ home has survivorship; others hold in common |
| What it means | The statute presumes survivorship for some owners |
Source
Wis. Stat. §§ 700.18, 700.19, 766.01, 766.60, 766.605
Read the statute in the Wisconsin Statutes (Wisconsin State Legislature): docs.legis.wisconsin.gov.
Checked against the statute on November 13, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
An owner on Seayora keeps each property’s owners of record, its entity and its documents in one place, so who holds title and how is on file beside the leases and the books.
Guides on this rule
- Joint Tenancy and Transfer-on-Death Deeds by State — How each state reads a deed to two or more people, survivorship rules, and where a transfer-on-death deed is allowed by statute.
Compare this rule in every state
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The same question in other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii