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Tom and Linda are married Wisconsin residents. Tom wants to sell a residential property that he and Linda purchased together during their marriage. Linda is traveling abroad and has not signed the deed. Which of the following is true under Wisconsin law?

Correct Answer

D) Tom cannot convey the property without Linda's signature because it is marital property under Chapter 766

Under Wisconsin Statutes Chapter 766 (Marital Property Act), property acquired by spouses during marriage is classified as marital property. Both spouses must sign any deed conveying marital property. Tom cannot unilaterally sell the property regardless of who earned the money used to purchase it.

Answer Options
A
Tom can convey the property alone if the purchase price was under $100,000
B
Tom can convey the property alone if he provides a written statement that Linda consents
C
Tom can convey the property alone because he is the primary wage earner who funded the purchase
D
Tom cannot convey the property without Linda's signature because it is marital property under Chapter 766

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Related Topics & Key Terms

Key Terms:

marital_property_actspousal_signaturedeed_conveyancechapter_766

Related Concepts

Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).

The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.

Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.

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