Wisconsin Deed Conveying Property held by Spouses as Tenants in Common to Husband and Wife as Community Property

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Multi-State
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US-1159BG
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Word; 
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Description

Community property refers to the system in some states (e.g., Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) for dividing a married couple's property in a divorce or upon the death of one spouse. In this system, everything a husband and wife acquire once they are married is owned equally (fifty-fifty) by both of them, regardless of who provided the money to purchase the asset or whose name the asset is held in, with the exception of inheritances, specific gifts to one of the spouses, and property and profits clearly traceable to property owned before marriage, all of which is separate property. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Most assets and debts are considered marital property in Wisconsin. Some of the things that are excluded are inheritances and property excluded by a prenuptial or a postnuptial agreement.

In community property states like Wisconsin, married couples are allowed to have property as survivorship marital property or community property with right of survivorship. What this means is, if one spouse passes away the remaining spouse is to receive the dead spouse's' half of the marital property.

As Wisconsin is a community property state, a spouse owns an undivided one-half interest in each item of property owned by either spouse acquired during the marriage. Each spouse has a one-half interest even if property is titled solely in one spouse's name.

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.

Tenancy in Common Any owner can transfer his or her interest without the consent of the other owner(s). Upon transfer, the new owner becomes a tenant in common with the other existing owner(s). The owner's interest becomes part of his or her probate estate upon his or her death.

In community property states like Wisconsin, married couples are allowed to have property as survivorship marital property or community property with right of survivorship. What this means is, if one spouse passes away the remaining spouse is to receive the dead spouse's' half of the marital property.

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Wisconsin Deed Conveying Property held by Spouses as Tenants in Common to Husband and Wife as Community Property