Wis. Stat. § 700.19

Creation of joint tenancy

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700.19 Creation of joint tenancy. (1) GENERALLY. The between the covendors according to their respective interests in the property, but the creation of a joint tenancy is determined by the intent expressed individual payments are not subdivided. Under sub. (1), each co-vendor had a prop- erty right to one-fourth of the full contract price and that is the amount that was gar- in the document of title, instrument of transfer or bill of sale. Any nishable by a co-vendor’s creditor. What the co-vendors had done with the previous of the following constitute an expression of intent to create a joint payments was irrelevant and had no impact on the rights of a creditor to garnish a co- tenancy: “as joint tenants”, “as joint owners”, “jointly”, “or the vendor’s interest in the amount due under the land contract. Prince Corporation v. Vandenberg, 2015 WI App 55, 364 Wis. 2d 457, 868 N.W.2d 599, 14-2097. survivor”, “with right of survivorship” or any similar phrase ex- cept a phrase similar to “survivorship marital property”. 700.215 Exception for equitable rights of cotenants (2) HUSBAND AND WIFE. If persons named as owners in a and 3rd persons. Nothing in ss. 700.17 to 700.21 prevents an document of title, transferees in an instrument of transfer or buy- equitable lien arising in favor of one cotenant against another ten-

2023-24 Wisconsin Statutes updated through 2025 Wis. Act 137 and through all Supreme Court Orders and Controlled Sub- stances Board Orders filed before and in effect on May 13, 2026. Published and certified under s. 35.18. Changes effective after May 13, 2026, are designated by NOTES. (Published 5-13-26)

700.215 INTERESTS IN PROPERTY

ant or tenants because of events occurring after the establishment of the cotenancy relationship nor prevents imposition of a con- structive trust in favor of a 3rd person in an appropriate case. History: 1971 c. 66; 2005 a. 253. 700.22 Exception for bank deposits, checks, govern- ment bonds and vehicles. (1) (a) In this subsection, “de- posits” include checking accounts or instruments deposited into or drawn on checking accounts, savings accounts, certificates of deposit, investment shares or any other form of deposit. (b) Nothing in ss. 700.17 to 700.21 governs the determination of rights to deposits in banks, building and loan associations, sav- ings banks, savings and loan associations, credit unions or other financial institutions. (2) Nothing in ss. 700.17 to 700.21 applies to United States obligations to the extent they are governed by law of the United States. (3) Nothing in ss. 700.17 to 700.21 governs the transfer of in- terest in a vehicle for purposes of s. 342.15 (1) (d). History: 1971 c. 66; 1991 Cross-reference: See ch. 705 for provisions applicable to multiple party accounts. There is no sound reason for ascribing to joint checking a common-law joint tenancy other than survivorship. No sible. Estates of Beisbier, 623 700.24 Death of a joint tenant; effect of liens. A real es- tate mortgage, a security interest under ch. 409, or a lien under s. 72.86 (2), 1985 stats., or s. 71.91 (5) (b), or ch. 49 or 779 on or against the interest of a joint tenant does not defeat the right of survivorship in the event of the death of such joint tenant, but the surviving joint tenant or tenants take the interest such deceased joint tenant could have transferred prior to death subject to such mortgage, security interest, or statutory lien. History: 1971 c. 307 s. 118; 1975 c. 39; 1979 c. 32 s. 92 (9); 1987 a. 27 s. 3202 (47) (a); 1987 a. 312 s. 17; 1999 a. 9; 2013 a. 20. The docketing of a judgment creates a lien upon the debtor’s interest in joint ten- ancy property, but it does not, without levy and execution, sever the joint tenancy. If the debtor dies following docketing of the judgment, but prior to execution, the sur- viving joint tenant takes the entire interest in the property free of the judgment lien, as the debtor’s interest in the property that was subject to the lien has been extin- guished. Northern State Bank v. Toal, 69 Wis. 2d 50, 230 N.W.2d 153 (1975). A decedent’s one-half interest in joint property that was subject to a federal tax lien against the decedent becomes encumbered with the tax lien when it passes to the survivor. U.S. v. Librizzi, 108 F.3d 136 (1997). 700.25 Applicability of chapter. This chapter applies to interests in property in existence on July 1, 1971, and to interests a. 221; 1995 a. 421; 1999 a. 85. in property created after such date. If application of any provi- sion of this chapter to an interest in property in existence on July accounts the attributes of 1, 1971, is unconstitutional, it shall not affect application of the tracing of assets is permis- provision to an interest in property created after July 1, 1971. is.+2d+409">47 Wis. 2d 409, 177 N.W.2d 919 (1970). 700.26 Applicability of general transfers at death pro- visions. Chapter 854 applies to a transfer at death under an in- absence strument of transfer. History: 1997 a. 188. share deter- 700.27 Disclaimer of transfers during life. (1) DEFINI- TIONS. In this section: (a) “Beneficiary under an inter vivos governing instrument” includes any person who receives or might receive property under the terms or legal effect of an inter vivos governing instrument. (b) “Extrinsic evidence” has the meaning given in s. 854.01 (1). (c) “Inter vivos governing instrument”: 1. Means a gratuitous deed, inter vivos trust instrument, in- surance policy, contract, inter vivos instrument that creates or ex- ercises a power of appointment, or any other dispositive, ap- pointive, or nominative instrument that transfers property other than a governing instrument as defined in s. 854.01 (2). 2. Includes an inter vivos gift that is not subject to a written instrument. (d) “Power of appointment” has the meaning given in s. 702.102 (15). (2) RIGHT TO DISCLAIM. (a) In general. 1. In this paragraph, “person” includes a person who is unborn or whose identity is unascertained. 2. A person who is a recipient of property or beneficiary un- der an inter vivos governing instrument, donee of a power of ap- pointment created by an inter vivos governing instrument, ap- pointee under a power of appointment exercised by an inter vivos governing instrument, taker in default under a power of appoint- ment created by an inter vivos governing instrument, or person succeeding to disclaimed property created by an inter vivos gov- erning instrument may disclaim any property, including contin- gent or future interests or the right to receive discretionary distri- butions, by delivering a written instrument of disclaimer under this section. (b) Partial disclaimer. Property transferred under an inter vivos governing instrument may be disclaimed in whole or in cotenant asserts a part, except that a partial disclaimer of property passing by an in- when a tenant has not 2001 WI App 16, 240 Wis. ter vivos governing instrument or by the exercise of a power of N.W.2d 169, 00-1464. appointment may not be made if partial disclaimer is expressly

prohibited by the inter vivos governing instrument or by the in- (5) DELIVERY AND FILING OF DISCLAIMER. (a) Delivery. In strument exercising the power of appointment. addition to any requirements imposed by the inter vivos govern- (c) Spendthrift provision. The right to disclaim exists not- ing instrument, the instrument of disclaimer is effective only if, withstanding any limitation on the interest of the disclaimant in within the time specified under sub. (4), it is delivered to and re- the nature of a spendthrift provision or similar restriction. ceived by any of the following: (d) Disclaimer by a guardian or conservator. A guardian of 1. The transferor of the property disclaimed. the estate or a conservator appointed under ch. 880, 2003 stats., 2. The transferor’s legal representative. or ch. 54 may disclaim on behalf of his or her ward, with court ap- 3. The holder of legal title to the property. proval, if the ward is entitled to disclaim under this section. (b) Delivery to trustee. If the trustee of any trust to which the (e) Disclaimer by an agent under power of attorney. An agent interest or power of appointment relates does not receive the in- under a power of attorney may disclaim on behalf of the person strument of disclaimer under par. (a), a copy shall also be deliv- who granted the power of attorney if all of the following apply: ered to the trustee. Failure to deliver a copy of the instrument of 1. The person who granted the power of attorney is entitled disclaimer to the trustee within the time specified under sub. (4) to disclaim under this section. does not affect the validity of any disclaimer. 2. The power of attorney specifically grants the power to (c) Recording. If real property or an interest in real property is disclaim. disclaimed, a copy of the instrument of disclaimer may be (f) Disclaimer by trustee. The trustee of a trust named as a re- recorded in the office of the register of deeds of the county in cipient of property under an inter vivos governing instrument which the real estate is situated. may disclaim that property on behalf of the trust if the trust au- (6) PROPERTY NOT VESTED. The property disclaimed under thorizes disclaimer by the trustee. If the trust does not authorize this section shall be considered not to have been vested in, created disclaimer by the trustee, the trustee’s power to disclaim is sub- in, or transferred to the disclaimant. ject to the approval of the court. (7) DEVOLUTION. (a) In general. Subject to sub. (8), unless (g) After death. A person’s right to disclaim survives the per- the inter vivos governing instrument provides otherwise, either son’s death and may be exercised by the person’s personal repre- expressly or as construed from extrinsic evidence, the disclaimed sentative or special administrator upon receiving approval from property devolves as if the disclaimant had died before the effec- the court having jurisdiction of the person’s estate after hearing tive date of the transfer under the inter vivos governing instru- upon notice to all persons interested in the disclaimed property, if ment. If the disclaimed interest is a remainder contingent on sur- the personal representative or special administrator has not taken viving to the time of distribution, the disclaimed interest passes any action that would bar the right to disclaim under sub. (9). as if the disclaimant had died immediately before the time for dis- (h) Disclaimers of transfers at death. A person who is a re- tribution. If the disclaimant is an appointee under a power of ap- cipient of property under a governing instrument, as defined in s. pointment exercised by an inter vivos governing instrument, the 854.01 (2), may disclaim the property as provided in s. 854.13. disclaimed property devolves as if the disclaimant had died be- fore the effective date of the exercise of the power of appoint- (3) INSTRUMENT OF DISCLAIMER. The instrument of dis- ment. If the disclaimant is a taker in default under a power of ap- claimer must meet the provisions of subs. (4) and (5) and s. pointment created by an inter vivos governing instrument, the dis- 854.13 (3) (a) to (c). claimed property devolves as if the disclaimant had predeceased (4) TIME FOR EFFECTIVE DISCLAIMER. (a) Present interest. the donee of the power of appointment. An instrument disclaiming a present interest shall be executed (b) Devolution to issue of the disclaimants. Unless the inter and delivered not later than 9 months after the effective date of vivos governing instrument provides otherwise, either expressly the transfer under the inter vivos governing instrument. For cause or as construed from extrinsic evidence, if, by law or under the in- shown, the period may be extended by a court of competent juris- ter vivos governing instrument, the issue of the disclaimant would diction, either within or after the 9-month period, for such addi- share in the disclaimed interest by any method of representation tional time as the court considers just. had the disclaimant died before the time the disclaimed interest (b) Future interest. An instrument disclaiming a future inter- would have taken effect in possession or enjoyment, the dis- est shall be executed and delivered not later than 9 months after claimed interest passes only to the issue of the disclaimant who the event that determines that the taker of the property is finally survive when the disclaimed interest takes effect in possession or ascertained and his or her interest indefeasibly fixed. For cause enjoyment. shown, the period may be extended by a court of competent juris- (c) Disclaimer of a devisable future interest. 1. In this para- diction, either within or after the 9-month period, for such addi- graph, “devisable future interest” is a future interest that can be tional time as the court considers just. passed under the will of the person who holds the future interest. (c) Future right to income or principal. Notwithstanding 2. If the disclaimed interest is a devisable future interest un- pars. (a) and (b), an instrument disclaiming the future right to re- der the law governing the transfer, then the disclaimed interest de- ceive discretionary or mandatory distributions of income or prin- volves as if it were a nondevisable future interest. cipal from any source may be executed and delivered at any time. (8) ACCELERATION OF SUBSEQUENT INTERESTS WHEN PRE- (d) Persons under 21. Notwithstanding pars. (a) and (b), a CEDING INTEREST IS DISCLAIMED. (a) Subsequent interest not person under 21 years of age may disclaim at any time not later held by disclaimant. Unless the inter vivos governing instrument than 9 months after the date on which the person attains 21 years provides otherwise, either expressly or as construed from extrin- of age. sic evidence, upon the disclaimer of a preceding interest, a subse- (e) Interests arising by disclaimer. Notwithstanding pars. (a) quent interest not held by the disclaimant and limited to take ef- and (b), a person whose interest in property arises by disclaimer fect in possession or enjoyment after the termination of the inter- or by default of exercise of a power of appointment created by an est that is disclaimed accelerates to take effect as if the dis- inter vivos governing instrument may disclaim at any time not claimant had died immediately before the time when the dis- later than 9 months after the day on which the prior instrument of claimed interest would have taken effect in possession or enjoy- disclaimer is delivered, or the date on which the donee’s power of ment or, if the disclaimant is an appointee under a power of ap- appointment lapses. pointment and that power of appointment has been exercised, as

700.27 INTERESTS IN PROPERTY

if the disclaimant had died before the effective date of the exer- maintaining or enhancing air or water quality, or preserving the cise of the power of appointment. historical, architectural, archaeological or cultural aspects of real (b) Subsequent interest held by disclaimant. Unless the inter property. vivos governing instrument provides otherwise, either expressly (c) “Third-party enforcement right” means a right provided in or as construed from extrinsic evidence, upon the disclaimer of a a conservation easement empowering a governmental body, char- preceding interest, a subsequent interest held by the disclaimant itable corporation, charitable association or charitable trust, does not accelerate. which, although eligible to be a holder, is not a holder, to enforce (9) BAR. Actions that bar disclaimer are as provided in s. any term of the easement. 854.13 (11g). (2) CREATION, CONVEYANCE, ACCEPTANCE AND DURATION. (10) EFFECT OF DISCLAIMER OR WAIVER. The effect of the (a) Except as otherwise provided in this section, a conservation disclaimer on the disclaimant and any successors in interest is as easement may be created, conveyed, recorded, assigned, released, provided in s. 854.13 (11p). modified, terminated or otherwise altered or affected in the same (11) NONEXCLUSIVENESS OF REMEDY. (a) This section does manner as any other easement. not affect the right of a person to waive, release, disclaim, or re- (b) No right or duty in favor of or against a holder and no right nounce property under any other statute or the common law, or as in favor of a person having a 3rd-party enforcement right arises provided in the creating instrument. under a conservation easement prior to its acceptance by that (b) Any disclaimer that meets the requirements of section holder and recordation of that acceptance. 2518 of the Internal Revenue Code, or the requirements of any (c) Except as provided in sub. (3) (b), a conservation ease- other federal law relating to disclaimers, constitutes an effective ment is unlimited in duration unless the conservation easement disclaimer under this section or s. 854.13. otherwise provides. (12) CONSTRUCTION OF EFFECTIVE DATE. In this section, the (d) No conservation easement may impair an interest in real effective date of a transfer under an inter vivos governing instru- property existing at the time the conservation easement is cre- ment is the date on which the transfer is a completed gift for fed- ated, unless the owner of that interest is a party to the conserva- eral gift tax purposes. tion easement or consents to it. History: 2005 a. 216; 2009 a. 180; 2013 a. 92; 2023 a. 127. (3) ACTIONS. (a) An action affecting a conservation ease- ment may be brought by any of the following: 700.28 Prohibiting unreasonable restrictions on alienation of property. (1) In this section, “political subdivi- 1. An owner of an interest in the real property burdened by sion” means a city, village, town, or county. the conservation easement. (2) A political subdivision may not prohibit or unreasonably 2. A holder of the conservation easement. restrict a real property owner from alienating any interest in the 3. A person having a 3rd-party enforcement right. real property. 4. A person authorized by other law. History: 2015 a. 391. (b) This section does not affect the power of a court to modify or terminate a conservation easement in accordance with any 700.35 Renewable energy resource easements. In principle of law or equity. this section, “renewable energy resource easement” means an easement which limits the height or location, or both, of permis- (4) VALIDITY OF CONSERVATION EASEMENT. A conservation sible development on the burdened land in terms of a structure or easement is valid even though any of the following applies: vegetation, or both, for the purpose of providing access for the (a) It is not appurtenant to an interest in real property. benefited land to wind or sunlight passing over the burdened land. (b) It can be or is assigned to another holder. Every renewable energy resource easement shall be in writing (c) It is not of a character recognized traditionally at common and shall be subject to the same conveyancing and instrument law. recording requirements as other easements. Renewable energy (d) It imposes a negative burden. resource easements shall run with the land benefited and bur- (e) It imposes affirmative obligations upon the owner of any dened unless otherwise expressly stated therein. interest in the burdened property or upon the holder. History: 1981 c. 354. (f) The benefit does not touch or concern real property.