Real Estate Law

Titling Co-Owned Real Estate

Legal Help for Co-Ownership Real Estate Claims

Co-ownership of property in Wisconsin, like many states, is common. But the forms of co-ownership differ greatly from state to state, and the legal implications of each type of property ownership vary, especially upon a co-owner’s death.

The real estate lawyers at Sigman, Janssen, Sewall, Pitz & Hodgkiss are familiar with co-ownership laws in Wisconsin, and we want to protect your investment. Find out how we can help by calling (800) 775-1441 or by completing a free initial consultation form.

Types of Property Ownership

There are two primary forms of property ownership, including joint tenancy and tenancy-in-common:

  • Joint Tenancy
    A joint tenancy is created when multiple persons (two or more) jointly own an entire parcel of property with the “right of survivorship.” Right of survivorship means that upon the death of one joint tenant, the decedent’s interest passes to the other joint tenant(s) without the need for probate (legal process of evaluating the will).
    As a result, the last surviving joint tenant will solely own the property regardless of whom the decedent’s will designates as the recipient of the decedent’s interest in the joint tenancy.
  • Tenancy-in-Common
    A tenancy-in-common exists when multiple persons (two or more) own an un-divided interest in real estate. Unlike joint tenancy, the interest of a tenant-in-common who passes away does not pass directly to the other tenants. Instead, the deceased tenant-in-common’s will is subject to probate.

Joint tenancy and tenancy-in-common laws can be hard to navigate without experienced legal help. But the real estate lawyers at Sigman Janssen can help you determine who is authorized to the title when a property owner dies.

Consistent Title Planning

Our legal team also is available to assist when co-owners are titling property. It’s important that co-owners make property titles consistent with their wishes at the time of purchase and consistent with their estate planning preferences.

Our priority is protecting the best interests of you and your business. Contact the real estate legal team at Sigman Janssen today. We’re here to help.

Get Help!

Sigman, Janssen, Sewall, Pitz & Hodgkiss
303 S. Memorial Drive Appleton, WI 54911
(920) 731-5201