Winnebago County Quitclaim Deed (Partnership or Limited Partnership Grantor) Form

One partner's signature can move a partnership's Wisconsin real estate. Wis. Stat. § 178.0302(1)(a) permits it: property held in the name of the partnership may be transferred by an instrument of transfer signed by a partner in the partnership name. This form prepares that instrument as a quitclaim deed, one partnership as grantor, one partner or general partner signing in the partnership name, no covenant of title.

The ordinary course test behind that signature

Every partner is an agent of the partnership for the purpose of its business under Wis. Stat. § 178.0301(1), and the next subsection draws the line that matters for land: an act not apparently for carrying on the partnership's business in the ordinary course binds the partnership only where all the other partners actually authorized it. Where a parcel sale sits against that line depends on the partnership's own business. Authorization behind the signature is a partnership record, not a recorded one, so Section 9 states the signer's capacity and names the partnership as principal in the terms Wis. Stat. § 706.03(1m) uses.

Two partnership chapters, one signature line

A general partnership answers to Wis. Stat. ch. 178 and signs through a partner. A limited partnership answers to Wis. Stat. ch. 179, rewritten by 2021 Wisconsin Act 258, where a general partner is an agent on the same terms and a limited partner is not an agent solely by reason of being one. Wis. Stat. §§ 179.0402 and 179.0302(1). Section 2 records the entity type.

A recorded statement of authority, and its five year clock

Both chapters offer one cure. A statement of partnership authority filed with the Department of Financial Institutions names who may transfer real property held in the partnership name, and a certified copy recorded in the property's county is conclusive in favor of a person giving value in reliance on it, while a recorded limitation leaves all persons deemed to know of it. Wis. Stat. § 178.0303(6) and (7). The statement lapses by operation of law five years after filing, amendment, or renewal. Section 9 holds the recording reference, and Wis. Stat. § 179.04023 carries the identical scheme for a limited partnership.

Exemption 15m and the decisions that fenced it in

One subsection reaches a partnership's deed to its own partners. Wis. Stat. § 77.25(15m) exempts a conveyance between a partnership and its partners where every partner is a spouse, a sibling, or a spouse of a sibling of the others, or stands to them in a lineal line of ascent or descent, and where the only consideration is assumed debt or a partnership interest. Turner v. DOR, 2004 WI App 82, reads it to reach partners who are human beings, not a transfer between two partnerships, and Wolter v. DOR, 231 Wis. 2d 651, supplies the strict construction those cases apply. Unrelated partners pay 30 cents for each $100 of value instead. The subsection claimed appears on the deed's face, a recording condition under Wis. Stat. § 77.22(1).

What this configuration carries

Eleven numbered sections open with return information, which Wis. Stat. § 59.43(2m)(a)4m puts on page one, and close with the drafting statement of Wis. Stat. § 59.43(5)(a). Between them sit the grantor partnership by name, type, and address; a grantee section ending in a co-ownership designation line; the authority section; and one signature block under one certificate in the representative capacity short form of Wis. Stat. § 140.16(2). No spousal joinder block appears: title in a partnership name is partnership property under Wis. Stat. § 178.0204(1)(a), outside the married person's homestead interest that Wis. Stat. § 706.02(1)(f) protects. Wis. Stat. § 706.10(4) passes what the partnership could lawfully convey and warrants nothing about it, so liens and easements of record ride through. A family farm partnership deeding a parcel to its partners, one releasing a fractional interest to clear a title chain, and one moving land to a successor entity all present the pattern this deed recites. Searched as a partnership quitclaim deed or a quit claim deed from a partnership, it is not drawn for two grantor partnerships, an individual grantor, a corporation, a company, or a trustee.

The download holds three files: this quitclaim deed as a fillable PDF, a completed example filled in for a Marathon County conveyance from a family farm partnership to its two partners, and a plain language guide to every blank, the execution rules, and recording. It describes Wisconsin law in general terms for information and is not legal advice.