Property — joint tenancies

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Wisconsin Court of Appeals

Civil

Property — joint tenancies

A joint tenant can grant his interest to himself and his wife to create survivorship marital property and sever the original joint tenancy.

“Mary L. Marchel appeals from an order of declaratory and summary judgment in favor of the Estate of Robert A. Marchel, which dismissed her complaint seeking partition of property previously held in joint tenancy between her husband, Thomas Marchel, now deceased, and his brother, Robert.  Mary contends the circuit court erred when it determined that a quit claim deed purporting to transfer Thomas’s undivided one-half interest in the property to Thomas and Mary as survivorship marital property was ineffective to create a joint tenancy between Thomas and Mary in Thomas’s interest in the property he had held in joint tenancy with Robert.  The court held that a 1969 amendment to the statutory language which governs creation of joint tenancy caused the reinstatement of the prior common law that a grantor cannot also be a grantee in a deed creating a joint tenancy.  Because we disagree with that conclusion, and because we conclude that the deed in question does not express the intention to create a joint tenancy, but rather survivorship marital property, a form of property unknown to the common law, we reverse and remand for further proceedings.”

Reversed and Remanded.

Recommended for publication in the official reports.

2012AP2131 Marchel v. Estate of Robert A. Marchel

Dist. IV, Portage County, Flugaur, J., Sherman, J.

Attorneys: For Appellant: Karoblis, Peter P., Wausau; For Respondent: Eddy, Amy J., Stevens Point; Jacobson, Brent William, Stevens Point