Legal Question in Real Estate Law in Wisconsin

My wife and I have been married for 28 yrs. Approx. 15 yrs ago my wife's parents deeded their property over to my wife and her brother (as joint tenants w/full rights of survivorship) but maintained a life estate interest. This property is now being sold and the warranty deed being prepared is only requiring the signatures of her parents, my wife, and her brother. My question is: Don't I need to sign as well, since the property was deeded over during our marriage? (The property is located in the state of Wisconsin)


Asked on 10/18/12, 8:40 am

1 Answer from Attorneys
Thomas Schober Schober Schober & Mitchell, S.C.

The deed creating your wife's interest in the property gave her "management and control" of her interest under Wisconsin law. Since this is not your homestead, all that is required is that she sign. While you may have a marital interest in her share of this property, she has management and control. There is a procedure where you could get your name added to the title of a deed. I don't believe I've seen anyone do that in the 26 years since we've had marital property, since I would guess that if you have to sue your wife to get your name added to the deed, things would probably end up resolved in divorce court, rather than civil court.

I hope this answers your questions, and good luck!

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Answered on 10/18/12, 9:01 am


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