Legal Question in Wills and Trusts in Wisconsin

joint ownership of home but not married

If two peoples names are on the title of a home and they are not married who gets the home if the one that dies has an adult child.


Asked on 2/10/06, 10:26 pm

1 Answer from Attorneys

Thomas Schober Schober Schober & Mitchell, S.C.

Re: joint ownership of home but not married

You do not provide enough information. What is necessary is to know how the title is stated in the names of the two parties. If it is just "A and B," and A and B are unrelated, a tenancy in common is created. If it is "A and B, as joint tenants," a joint tenancy is created. If a tenancy in common was created, each person's half goes to such person's estate upon death, to be distributed per that person's will or per intestate succession, if there is no will. If a joint tenancy was created, the decedent's share automatically passes to the other joint tenant upon death. If a joint tenancy was created and now you don't want one, an action may be commenced to end the joint tenancy. If the parties have any written agreements, such agreements may control and alter what is stated above.

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Answered on 2/13/06, 11:47 am


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