Sandra and her partner Alex are unmarried Wisconsin residents who have lived together for 10 years. They purchased a home together in 2016, with the deed listing both names. Sandra dies in 2024, and her will leaves all her assets to her sister. Alex claims he automatically owns the full property. Under Wisconsin law, which of the following is correct?
Correct Answer
D) Alex's ownership of the full property depends on how the deed specifies the form of co-ownership
The outcome depends entirely on how the deed specifies their ownership. If the deed states 'joint tenancy with right of survivorship,' Alex automatically inherits Sandra's interest. If the deed states 'tenancy in common,' Sandra's interest passes through her estate to her sister per her will. Wisconsin's Marital Property Act (Chapter 766) applies only to legally married spouses — it does not apply to unmarried domestic partners regardless of the length of their relationship.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
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