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Wisconsin Real Estate Deeds
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Wisconsin real estate conveyances are governed primarily by Chapter 706 of the Wisconsin Statutes. Before a conveyance document may be recorded, it must be accompanied by a completed Real Estate Transfer Return.
Real Estate Transfer Return Requirement
Submission of a completed real estate transfer return and payment of the required fee are prerequisites to acceptance of a conveyance for recording (Wis. Stat. § 77.21). Certain transactions are exempt under Wis. Stat. § 77.25, but when required, the transfer return must be filed with the register of deeds.
Form and Content of Conveyance
A conveyance document in Wisconsin is a written instrument evidencing a transaction that creates, transfers, mortgages, or assigns an interest in land. The instrument must identify the parties, include a sufficient legal description of the land or reference to a recorded document, and clearly state the interest conveyed along with any material conditions or reservations (Wis. Stat. ch. 706).
Warranty deeds, special warranty deeds, and quitclaim deeds are commonly used. Wisconsin permits individuals, corporations, and lawful residents to hold and convey property. However, nonresident aliens and foreign corporations are subject to statutory limitations on acquiring or holding real property.
Homestead and Spousal Requirements
If the conveyance affects the homestead of a married person (other than a conveyance between spouses), the instrument must be signed or joined by both spouses (Wis. Stat. § 706.05). Failure to comply may render the conveyance invalid as to homestead interests.
Execution, Authentication, and Format
A conveyance must be signed by each grantor. Signatures must be acknowledged or authenticated as required by law before recording (Wis. Stat. § 706.06). The notarial act must be evidenced by a signed and dated certificate from the notarial officer.
Wisconsin also imposes strict document formatting requirements under Wis. Stat. § 59.43 to ensure legibility and proper indexing. Instruments that fail to meet formatting standards may be rejected for recording.
Recording and Priority
Deeds must be recorded in the office of the register of deeds in the county where the property is located.
Wisconsin follows a race-notice recording statute. An unrecorded conveyance is not valid against a subsequent purchaser in good faith for valuable consideration who records first. Additionally, conveyances made with intent to defraud purchasers may be void as to those purchasers.
Because Wisconsin requires compliance with Chapter 706 formalities, homestead spousal signatures, transfer return filing, and county recording procedures, careful preparation and timely recording are essential to ensure that a conveyance is valid and protected against later claims.
Real Estate Transfer Return Requirement
Submission of a completed real estate transfer return and payment of the required fee are prerequisites to acceptance of a conveyance for recording (Wis. Stat. § 77.21). Certain transactions are exempt under Wis. Stat. § 77.25, but when required, the transfer return must be filed with the register of deeds.
Form and Content of Conveyance
A conveyance document in Wisconsin is a written instrument evidencing a transaction that creates, transfers, mortgages, or assigns an interest in land. The instrument must identify the parties, include a sufficient legal description of the land or reference to a recorded document, and clearly state the interest conveyed along with any material conditions or reservations (Wis. Stat. ch. 706).
Warranty deeds, special warranty deeds, and quitclaim deeds are commonly used. Wisconsin permits individuals, corporations, and lawful residents to hold and convey property. However, nonresident aliens and foreign corporations are subject to statutory limitations on acquiring or holding real property.
Homestead and Spousal Requirements
If the conveyance affects the homestead of a married person (other than a conveyance between spouses), the instrument must be signed or joined by both spouses (Wis. Stat. § 706.05). Failure to comply may render the conveyance invalid as to homestead interests.
Execution, Authentication, and Format
A conveyance must be signed by each grantor. Signatures must be acknowledged or authenticated as required by law before recording (Wis. Stat. § 706.06). The notarial act must be evidenced by a signed and dated certificate from the notarial officer.
Wisconsin also imposes strict document formatting requirements under Wis. Stat. § 59.43 to ensure legibility and proper indexing. Instruments that fail to meet formatting standards may be rejected for recording.
Recording and Priority
Deeds must be recorded in the office of the register of deeds in the county where the property is located.
Wisconsin follows a race-notice recording statute. An unrecorded conveyance is not valid against a subsequent purchaser in good faith for valuable consideration who records first. Additionally, conveyances made with intent to defraud purchasers may be void as to those purchasers.
Because Wisconsin requires compliance with Chapter 706 formalities, homestead spousal signatures, transfer return filing, and county recording procedures, careful preparation and timely recording are essential to ensure that a conveyance is valid and protected against later claims.
Important: County-Specific Forms
After selecting your document type, you'll need to choose the specific county where your property is located. Each county in Wisconsin has unique formatting requirements that must be followed for successful recording.
Common Uses for Wisconsin Deed Forms
- Transfer property between family members
- Add or remove names from property titles
- Transfer property into or out of trusts
- Correct errors in previously recorded deeds
- Gift property to others