Wisconsin Statutes
Wis. Stat. § 700.19 (2026)
Creation of joint tenancy
✓ current as of July 2026
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700.19(1)(1) Generally. The creation of a joint tenancy is determined by the intent expressed in the document of title, instrument of transfer or bill of sale. Any of the following constitute an expression of intent to create a joint tenancy: “as joint tenants”, “as joint owners”, “jointly”, “or the survivor”, “with right of survivorship” or any similar phrase except a phrase similar to “survivorship marital property”.
700.19(2)(2) Husband and wife. If persons named as owners in a document of title, transferees in an instrument of transfer or buyers in a bill of sale are described in the document, instrument or bill of sale as husband and wife, or are in fact husband and wife, they are joint tenants, unless the intent to create a tenancy in common is expressed in the document, instrument or bill of sale. This subsection applies to property acquired before January 1, 1986, and, if ch. 766 does not apply when the property is acquired, to property acquired on or after January 1, 1986.
700.19(2m)(2m) Domestic partners. If persons named as owners in a document of title, transferees in an instrument of transfer, or buyers in a bill of sale are described in the document, instrument, or bill of sale as domestic partners under ch. 770, or are in fact domestic partners under ch. 770, they are joint tenants, unless the intent to create a tenancy in common is expressed in the document, instrument, or bill of sale.
700.19(3)(3) Comortgagees. If covendors owned realty as joint tenants and a purchase money mortgage names the covendors as mortgagees, the mortgagees are joint tenants, unless the purchase money mortgage expresses an intent that the mortgagees are tenants in common.
700.19(4)(4) Cofiduciaries. Notwithstanding s. 700.18 and subs. (1) to (3), co-personal representatives and cotrustees hold title to interests in property as joint tenants.
700.19(5)(5) Change in common law requirements. The common law requirements of unity of title and time for creation of a joint tenancy are abolished.
700.19 AnnotationThe common law requirement that a grantor cannot also be a grantee in a deed creating a joint tenancy is no longer the law in Wisconsin. Marchel v. Estate of Marchel, 2013 WI App 100, 349 Wis. 2d 707, 838 N.W.2d 97, 12-2131.
700.19 AnnotationNature of cotenancies and their taxation — death and gift. Sheedy, Sullivan, 56 MLR 3.
Notes of Decisions
Cited in 6
cases, 1976–2013 · leading case: In Re Marriage of: Lutzke v. Lutzke, 361 N.W.2d 640 (Wis. 1985).
In Re Marriage of: Lutzke v. Lutzke, 361 N.W.2d 640 (Wis. 1985). “[4] Sec. 700.19, Stats. 1979-80: "700.19 Creation of joint tenancy.”
Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Van Kylen (In Re Van Kylen), 98 B.R. 455 (Bankr. W.D. Wis. 1989). “§ 700.19(1) (1987-88) (“The creation of a joint tenancy is determined by the intent expressed in the document of title, instrument of transfer or bill of sale.”
In Re Gillette, 248 B.R. 845 (Bankr. M.D. Fla. 1999). “Wis.Stat. § 700.19(1). A husband and wife are joint tenants if the marital property statutes do not apply when the property is acquired.”
Est. of Weger v. Erasmus, 238 N.W.2d 522 (Wis. 1976). “Moreover, one of the bonds at issue here, 2 and another not at issue but relevant to the parties’ intent, 3 were purchased specifically in the names of Herman and Thomas Weger as joint tenants.”
McManus v. Dep't of Revenue, 283 N.W.2d 576 (Wis. 1979). “” *687 Sec. 700.19, Stats., provides that a husband and wife who are named as owners of real estate in a document of title are joint tenants unless the intent not to create tenancy in common is clearly expressed.”
Marchel v. Est. of Marchel, 2013 WI App 100 (Wis. Ct. App. 2013). “" The language "including any deed in which the grantor is also one of the grantees" has been omitted.”
— Wis. Stat. § 700.19(1) — 2 cases
Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Van Kylen (In Re Van Kylen), 98 B.R. 455 (Bankr. W.D. Wis. 1989). “§ 700.19(1) (1987-88) (“The creation of a joint tenancy is determined by the intent expressed in the document of title, instrument of transfer or bill of sale.”
In Re Gillette, 248 B.R. 845 (Bankr. M.D. Fla. 1999). “Wis.Stat. § 700.19(1). A husband and wife are joint tenants if the marital property statutes do not apply when the property is acquired.”
— Wis. Stat. § 700.19(2) — 1 case
In Re Gillette, 248 B.R. 845 (Bankr. M.D. Fla. 1999). “Wis.Stat. § 700.19(1). A husband and wife are joint tenants if the marital property statutes do not apply when the property is acquired.”
— Wis. Stat. § 700.19(5) — 1 case
Marchel v. Est. of Marchel, 2013 WI App 100 (Wis. Ct. App. 2013). “" The language "including any deed in which the grantor is also one of the grantees" has been omitted.”
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