Wisconsin Statutes

Wis. Stat. § 700.24 (2026)

Death of a joint tenant; effect of liens

✓ current as of July 2026

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700.24700.24 Death of a joint tenant; effect of liens. A real estate 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.

700.24 HistoryHistory: 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.

700.24 AnnotationThe docketing of a judgment creates a lien upon the debtor’s interest in joint tenancy 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 surviving 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 extinguished. Northern State Bank v. Toal, 69 Wis. 2d 50, 230 N.W.2d 153 (1975).

700.24 AnnotationA 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).

Notes of Decisions

Cited in 6 cases, 1975–2012 · leading case: Wozniak v. Wozniak, 359 N.W.2d 147 (Wis. 1984).

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Wozniak v. Wozniak, 359 N.W.2d 147 (Wis. 1984). · cites it 2× “The issue presented on appeal is whether the lien against a joint tenant’s interest in real estate awarded to secure payment of a divorce judgment in this case is a mortgage lien under sec. 700.24, Stats., so that it survives the joint tenant’s death.”

N. State Bank v. Toal, 230 N.W.2d 153 (Wis. 1975). · cites it 3× “This result is not altered by sec. 700.24, Stats., which provides: “A real estate mortgage, a security interest under ch.”

United States v. Carole F. Librizzi, 108 F.3d 136 (7th Cir. 1997). · cites it 2× “This conclusion resulted from the court’s analysis of New Jersey law, which did not include anything like Wis. Stat. Ann. § 700.24 . As we hinted earlier, we think the “extinguishment” argument for purposes of the present case proves either too much or too little.”

Countrywide Home Loans, Inc. v. Reed, 725 S.E.2d 667 (N.C. Ct. App. 2012). · cites it 2× “In Wisconsin, Wis. Stat. § 700.24 (2011) provides that on the death of a mortgaging joint tenant the survivor *511 takes subject to the mortgage.”

Paternoster v. United States, 640 F. Supp. 2d 983 (S.D. Ohio 2009). “Although Ohio does not have a statute that explicitly provides that a lien survives the death of the taxpayer as the states referenced above do, see Wis. Stat. § 700.24 ; Conn. Gen.Stat. § 47-14f, the bundle of rights set forth in Ohio Rev.”

Klemme v. Schoneman, 477 N.W.2d 77 (Wis. Ct. App. 1991). “The grandson, Opal's surviving joint tenant, intervened in the foreclosure proceeding, asserting that William's lien was a judicial lien which did not survive the death of the debtor pursuant to sec. 700.24, Stats. Wozniak, 121 Wis. 2d at 333-34 , 359 N.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.