Wisconsin Statutes
Wis. Stat. § 700.18 (2026)
Determination of cotenancy generally
✓ current as of July 2026
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700.18700.18 Determination of cotenancy generally. Two or more persons named as owners in a document of title, transferees in an instrument of transfer or buyers in a bill of sale are tenants in common, except as otherwise provided in s. 700.19 or ch. 766.
700.18 AnnotationA warranty deed to 2 grantees as “single persons” did not express an intent to classify the property as something other than survivorship marital property when the grantees subsequently married. The use of the phrase “single persons” simply described a fact: that at the time they purchased the vacant lot, the grantees were not married. “Single persons” does not represent a classification of property ownership of any kind, to wit, tenancy in common, joint tenancy, marital property, or any other recognized classification. Droukas v. Estate of Felhofer, 2014 WI App 6, 352 Wis. 2d 380, 843 N.W.2d 57, 13-0147.
700.18 AnnotationWisconsin’s New Probate Code. Erlanger. Wis. Law. Oct. 1998.
Notes of Decisions
Cited in 2
cases, 2013–2017 · leading case: In re Flournoy, 570 B.R. 293 (Bankr. E.D. Wis. 2017).
In re Flournoy, 570 B.R. 293 (Bankr. E.D. Wis. 2017). “Wis. Stat. §§ 700.18 , 700.20. Each can unilaterally alienate only his or her own interest in the property.”
Droukas v. Est. of Felhofer, 2014 WI App 6 (Wis. Ct. App. 2013). “Moreover, the Felhofer Children contend that when a deed does not expressly state whether real estate is held by parties as tenants in common or in some other form of ownership, Wis. Stat. § 700.18 dictates that the real estate is held as tenants in common.”
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