Property — tenants in common — joint tenants — “death waivers”

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Wisconsin Court of Appeals

Civil

Property — tenants in common — joint tenants — “death waivers”

This case requires us to interpret a novel agreement between tenants in common. The circuit court concluded that a 1972 agreement executed by the seven purchasers of real property in Marinette County created a joint tenancy and that, as the last surviving member, Daniel O’Connell is entitled to sole and exclusive ownership. Chris Brickson, the son of one of the original purchasers, asserts the agreement was ineffective to create a joint tenancy.

We conclude that, based on the agreement’s language, the parties did not intend to create a joint tenancy. Instead, they agreed to a present waiver of their interest in the property upon death. As a practical matter, this arrangement leaves O’Connell as the sole remaining owner. Accordingly, we affirm, but on different grounds. See Vanstone v. Town of Delafield, 191 Wis. 2d 586, 595, 530 N.W.2d 16 (Ct. App. 1995) (we may affirm on grounds different than those relied on by the trial court). This opinion will not be published.

2013AP1252 Brickson v. O’Connell et al.

Dist III, Marinette County, Morrison, J., Per Curiam

Attorneys: For Appellant: Ostrow, Winston A., Green Bay; Smies, Jonathan T.; For Respondent: Gast, Randall L., Green Bay