Legal Question in Real Estate Law in Wisconsin

forms

To make my husband co-owner of the property I own what do I need ot do? I have filled out a new Warranty Deed--what more is needed?

I live in Wisconsin


Asked on 3/17/09, 3:46 pm

1 Answer from Attorneys

Thomas Olson David F. Gram & Associates, LLC

Re: forms

Assuming that you are referring only to real estate, you can make your husband a co-owner of the property by conveying to him a 50% (or whatever other percentage you elect) interest by Warranty Deed. However this is usually done by Quit Claim Deed. The reason is that the property may have a mortgage on it, or easements on it or other liens. You are NOT warranting the title to be free and clear (as you might have to do for a 3rd party buyer). Rather you are giving him half of YOUR interest whatever it might be and subject to all matters of record.

The transfer should be exempt form any transfer fees but you will still have to fill out a Transfer Tax return in order to file the Deed.

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Answered on 3/17/09, 4:05 pm


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