Robert and Susan are married Wisconsin residents who purchased a home together in 2018. They hold title as 'Robert Johnson and Susan Johnson, husband and wife.' Robert dies in 2024 without a will. Under Wisconsin's Marital Property Act, what most likely happens to the property?
Correct Answer
D) Robert's interest passes through probate to his heirs under intestate succession, leaving Susan as a co-owner with those heirs
Under Wisconsin's Marital Property Act (Chapter 766), marital property held without a survivorship designation does NOT automatically pass to the surviving spouse. Unlike joint tenancy, marital property ownership does not carry an automatic right of survivorship. Robert's interest would pass through his estate according to intestate succession laws, potentially making Susan a co-owner with Robert's other heirs unless the deed specifically included survivorship language.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
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