Wisconsin Statutes
Wis. Stat. § 700.17 (2026)
Classification and characteristics of certain concurrent interests
✓ current as of July 2026
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700.17(1)(1) Classification of concurrent interests. Interests in property may be owned concurrently by 2 or more persons as joint tenants or as tenants in common. A joint tenancy or tenancy in common established exclusively between spouses after the determination date is classified as provided under s. 766.60 (4) (b).
700.17(2)(a)(a) Each of 2 or more joint tenants has an equal interest in the whole property for the duration of the tenancy, irrespective of unequal contributions at its creation. On the death of one of 2 joint tenants, the survivor becomes the sole owner; on the death of one of 3 or more joint tenants, the survivors are joint tenants of the entire interest. If a survivor disclaims under s. 854.13 (2) (b), the joint tenancy is severed as of the date of death with respect to the disclaimed interest.
700.17(2)(b)(b) If a joint tenant unlawfully and intentionally kills another joint tenant of the same property, the disposition of the deceased joint tenant’s interest in the joint tenancy is governed by s. 854.14.
700.17(3)(3) Characteristics of tenancy in common. Each of 2 or more tenants in common has an undivided interest in the whole property for the duration of the tenancy. There is no right of survivorship incident to a tenancy in common, but a remainder may be created to vest ownership in the survivor of several persons who own as tenants in common other preceding interests, such as a life interest, in the same property.
700.17 HistoryHistory: 1971 c. 66; 1981 c. 228; 1985 a. 37; 1987 a. 222; 1995 a. 360; 1997 a. 188; 1999 a. 85.
700.17 NoteNOTE: As to sub. (1), see notes in 1985 Wis. Act 37, marital property trailer bill.
700.17 AnnotationRental income must be attributed to joint tenants in proportion to ownership. McManus v. Department of Revenue, 91 Wis. 2d 682, 283 N.W.2d 576 (1979).
700.17 AnnotationConcurrent ownership; joint tenancy and tenancy in common. Talsky, 55 MLR 321.
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1979–2026 · leading case: Steinmann v. Steinmann, 2008 WI 43 (Wis. 2008).
Steinmann v. Steinmann, 2008 WI 43 (Wis. 2008). “at 247; Wis. Stat. § 700.17 (2)(a)). ¶ 53. Weiss is similar to the present case in that Mr.”
Boles v. Milwaukee Cnty., 443 N.W.2d 679 (Wis. Ct. App. 1989). “The supreme court discussed sec. 700.17(2), Stats., which provides that each joint tenant has an equal interest in the entire property.”
In re Flournoy, 570 B.R. 293 (Bankr. E.D. Wis. 2017). “, excepts transfers of interests in vehicles from Wis. Stat. §§ 700.17 through 700.21 to the extent the transfer is governed ■ by Wis.”
Felder v. North River Ins., 435 N.W.2d 263 (Wis. Ct. App. 1988). “See sec. 700.17(2), Stats.; Wood v. Milin, 134 *136 Wis.”
In Re Est. of Hackl v. Hackl, 604 N.W.2d 579 (Wis. Ct. App. 1999). “, 1993-94, provides that when a person is murdered by someone who would otherwise be an heir, the victim's estate passes as if the killer predeceased the decedent.”
Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Van Kylen (In Re Van Kylen), 98 B.R. 455 (Bankr. W.D. Wis. 1989). “§ 700.17(2) (1987-88) (“Each of two or more joint tenants has an equal interest in the whole property for the duration of the tenancy, irrespective of unequal contributions at its creation.”
In Re Gillette, 248 B.R. 845 (Bankr. M.D. Fla. 1999). “Wis. Stat. § 700.17 (1). Acquiring property as “joint tenants” or “with right of survivor-ship” constitutes an expression of intent to create a joint tenancy.”
Wood v. Milin., 397 N.W.2d 479 (Wis. 1986). “This is based on sec. 700.17(2), Stats., which provides: “Each of 2 or more joint tenants has an equal interest in the whole property for the duration of the tenancy, irrespective of unequal contributions at its creation.”
In Matter of Est. of Lloyd, 487 N.W.2d 644 (Wis. Ct. App. 1992). “Under sec. 700.17(2)(a), Stats., each joint tenant "has an equal interest in the whole property for the duration of the tenancy, irrespective of unequal contributions at its creation.”
United States v. Carole F. Librizzi, 108 F.3d 136 (7th Cir. 1997). “Wis. Stat. Ann. § 700.17 (2)(a). At that point, she claims, the lien changed from an encumbrance on the interest in the property to an I.”
Elfelt v. Cooper, 471 N.W.2d 303 (Wis. Ct. App. 1991). “Section 700.17(2)(a), Stats. Joint tenants have *493 the right to sell their shares or seek and obtain partition.”
Swanson v. Stoffregen (In Re Stoffregen), 206 B.R. 939 (Bankr. E.D. Wis. 1997). “Wis.Stat. 700.17(2). V. CONCLUSION This court holds that the debtor obtained bare legal title to the real estate in 1975, and his reconveyance of the property to the other joint tenants was not a fraudulent transfer.”
— Wis. Stat. § 700.17(2) — 5 cases
Boles v. Milwaukee Cnty., 443 N.W.2d 679 (Wis. Ct. App. 1989). “The supreme court discussed sec. 700.17(2), Stats., which provides that each joint tenant has an equal interest in the entire property.”
Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Van Kylen (In Re Van Kylen), 98 B.R. 455 (Bankr. W.D. Wis. 1989). “§ 700.17(2) (1987-88) (“Each of two or more joint tenants has an equal interest in the whole property for the duration of the tenancy, irrespective of unequal contributions at its creation.”
Wood v. Milin., 397 N.W.2d 479 (Wis. 1986). “This is based on sec. 700.17(2), Stats., which provides: “Each of 2 or more joint tenants has an equal interest in the whole property for the duration of the tenancy, irrespective of unequal contributions at its creation.”
Swanson v. Stoffregen (In Re Stoffregen), 206 B.R. 939 (Bankr. E.D. Wis. 1997). “Wis.Stat. 700.17(2). V. CONCLUSION This court holds that the debtor obtained bare legal title to the real estate in 1975, and his reconveyance of the property to the other joint tenants was not a fraudulent transfer.”
Felder v. North River Ins., 435 N.W.2d 263 (Wis. Ct. App. 1988). “See sec. 700.17(2), Stats.; Wood v. Milin, 134 *136 Wis.”
— Wis. Stat. § 700.17(2)(a) — 4 cases
Felder v. North River Ins., 435 N.W.2d 263 (Wis. Ct. App. 1988). “See sec. 700.17(2), Stats.; Wood v. Milin, 134 *136 Wis.”
In Matter of Est. of Lloyd, 487 N.W.2d 644 (Wis. Ct. App. 1992). “Under sec. 700.17(2)(a), Stats., each joint tenant "has an equal interest in the whole property for the duration of the tenancy, irrespective of unequal contributions at its creation.”
Elfelt v. Cooper, 471 N.W.2d 303 (Wis. Ct. App. 1991). “Section 700.17(2)(a), Stats. Joint tenants have *493 the right to sell their shares or seek and obtain partition.”
Agne v. Rowe, 926 N.W.2d 511 (Wis. Ct. App. 2019).
— Wis. Stat. § 700.17(2)(b) — 1 case
In Re Est. of Hackl v. Hackl, 604 N.W.2d 579 (Wis. Ct. App. 1999). “, 1993-94, provides that when a person is murdered by someone who would otherwise be an heir, the victim's estate passes as if the killer predeceased the decedent.”
— Wis. Stat. § 700.17(3) — 1 case
Mary Lu Coonen v. Ramiro Estrada (Wis. Ct. App. 2026).
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