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Home / Case Digests / 01-0184 Wonka v. Cari, Special Administrator of the Estate of Edward Bierbrauer

01-0184 Wonka v. Cari, Special Administrator of the Estate of Edward Bierbrauer

Accordingly, where plaintiffs tried to access Edward’s interest in the proceeds from the sale of the bar in order to satisfy a tort judgment against him, the trial court properly ruled that the entire proceeds went to Edward’s wife as survivorship marital property.

“In Simon v. Chartier, 250 Wis. 642, 645, 27 N.W.2d 752 (1947), our supreme court expressly held that executing a land contract does not constitute severance of a joint estate. Therefore, when the Bierbrauers signed the land contract with the Andersons, they did not sever their joint tenancy with rights of survivorship. As long as the Bierbrauers held the legal title, the way in which they held that title remained intact. …

“In summary, the Bierbrauers always retained legal title to the property, which was held as survivorship marital property. When the quitclaim deed in lieu of foreclosure terminated the land contract between the Andersons and the Bierbrauers, it merely returned to the Bierbrauers the equitable title under the land contract. The quitclaim deed merely returned the Bierbrauers to the same position they were in before the land contract transaction with the Andersons.”

Judgment affirmed.

Recommended for publication in the official reports.

Dist III, St. Croix County, Lundell, J., Hoover, P.J.

Attorneys:

For Appellant: Charles B. Harris, Baldwin; Martha H. Heidt, Baldwin

For Respondent: Samuel R. Cari, Hudson; Charles E. Stern, Madison


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