You must transfer your solely-owned real estate to your spouse if you want to guarantee she has full rights to the property in Wisconsin. While Wisconsin is essentially a community property state -- both spouses have equal shares in assets acquired during marriage -- an exception exists from assets held separately by one spouse and not mixed with the marital assets. You can use a quit claim deed, which does not guarantee the home is free of liens or legal ownership problems, to easily transfer the house to you and your spouse.
Locate a blank quit claim deed form approved for use in Wisconsin. Visit a legal document or office supply store. Look for blank quit claim forms that are for use in Wisconsin.
Complete the top section of the form. Use black ink only. You are the grantor, the person who owns the Wisconsin real estate and is transferring ownership interest. Put your full name, as shown on your original deed, and your current address.
Fill in the grantee section of the deed. The grantee is the recipient, so enter your full name and the name of your spouse, followed by your addresses. Put "as husband and wife" after your names.
List the consideration, or amount paid for the transfer, in the consideration field on the form. Wisconsin charges tax for real estate transfers, but gift transfers are not subject to transfer tax. Enter "$0" for the consideration on the deed.
Fill in the legal description of the real estate. You can find the description on your original deed; it's the paragraph using words to describe your property's dimensions. Copy the description from your original deed into the labeled spot on the deed form.
Sign and date the deed form with a notary public present. Bring your Wisconsin identification with you. Ask her to notarize your signature.
Visit the official website of the Wisconsin Department of Revenue. You must complete the real transfer tax form online at the official website using the eRETR system in Wisconsin. Follow the instructions provided on the website to submit the form electronically and receive your receipt. Print the receipt.
Contact the county clerk's office for the Wisconsin file you are filing the deed in. Ask for the recording fees for filing a quit claim deed. Prepare the fee payment.
Bring the filing fee, quit claim deed form and real estate transfer tax receipt to the Wisconsin county clerk's office. File the documents. Ask for a certified copy of the deed for your personal records.
Tips
Contact the Wisconsin County Clerk's office responsible for your property's location if you need a copy of your original deed.
References
- Wisconsin Department of Revenue: Instructions for the Wisconsin Electronic Real Estate Transfer Return
- Dane County, Wisconsin: Deeds (Instruments of Conveyance)
- Superior Court of California, County of Alameda. "What Are the Advantages of a Living Trust?" Accessed May 15, 2020.
- AARP. "Transfer on Death Deed (TODD)," Page 1. Accessed May 15, 2020.
- Alaska Court System. "Transfer on Death Deed - What Does the Transfer on Death (TOD) Deed Do?" Accessed May 15, 2020.
- Alaska Court System. "Transfer on Death Deed - Do I Have to File the TOD Deed in Court?" Accessed May 15, 2020.
- Alaska Court System. "Transfer on Death Deed - How Do I Revoke the TOD Deed After It Is Recorded?" Accessed May 15, 2020.
- Internal Revenue Service. "Estate and Gift Taxes." Accessed May 15, 2020.
- FindLaw. "Transfer on Death Tax Implications." Accessed May 15, 2020.
- Alaska Court System. "Transfer on Death Deed." Accessed May 15, 2020.
- Arizona State Legislature. "33-405. Beneficiary Deeds; Recording; Definitions." Accessed May 15, 2020.
- FindLaw. "Arkansas Code Title 18. Property § 18-12-608. Beneficiary Deeds--Terms--Recording Required." Accessed May 15, 2020.
- Sacramento County Public Law Library & Civil Self Help Center. "Transfer on Death (TOD) Deeds," Page 1. Accessed May 15, 2020.
- Colorado General Assembly. "Probate, Trusts, and Fiduciaries," Pages 1-2. Accessed May 15, 2020.
- District of Colombia, Office of Tax and Revenue. "Revocable Transfer-on-Death Deed," Pages 1-3. Accessed May 15, 2020.
- Hawaii State Legislature. "Uniform Real Property Transfer on Death Act." Accessed May 15, 2020.
- Illinois General Assembly. "(755 ILCS 27/) Illinois Residential Real Property Transfer on Death Instrument Act." Accessed May 15, 2020.
- FindLaw. "Indiana Code Title 32. Property § 32-17-14-11." Accessed May 15, 2020.
- Kansas Legislative Sessions. "Article 35 - Transfer-on-Death." Accessed May 15, 2020.
- Minnesota Legislature, Office of the Revisor of Statutes. "507.071 Transfer on Death Deeds." Accessed May 15, 2020.
- Missouri Revisor of Statutes. "461.025. Deeds Effective on Death of Owner — Recording, Effect." Accessed May 15, 2020.
- Montana Code Annotated 2019. "72-6-415. Optional Form of Transfer on Death Deed." Accessed May 15, 2020.
- Nebraska Legislature. "Nebraska Revised Statute 76-3402." Accessed May 15, 2020.
- Nevada Legislature. "NRS 111.771 Property Held in Beneficiary Form; Registration in Beneficiary Form; Transfer-on-Death Directions." Accessed May 15, 2020.
- State Bar of New Mexico. "Transfer on Death Deed," Pages 1-2. Accessed May 15, 2020.
- North Dakota Legislative Branch. "Chapter 30.1-32.1 Uniform Real Property Transfer on Death Act," Pages 1-3. Accessed May 15, 2020.
- Ohio Laws and Rules. "5302.23 Designating Transfer on Death Beneficiary." Accessed May 15, 2020.
- Oklahoma Tax Commission. "'Non-Testamentary Transfer–on-Death-Deed’. Title 58, §1251-§1258. Eff. Nov. 1, 2008," Pages 1-7. Accessed May 15, 2020.
- Oregon State Legislature. "Uniform Real Property Transfer on Death Act." Accessed May 15, 2020.
- South Dakota Legislature. "Part 4. Uniform Real Property Transfer on Death Act - 29A-6-403." Accessed May 15, 2020.
- Texas Constitution and Statutes. "Texas Real Property Transfer on Death Act." Accessed May 15, 2020.
- Virginia General Assembly. "§ 64.2-635. Optional Form of Transfer on Death Deed." Accessed May 15, 2020.
- Washington State Legislature. "Chapter 64.80 RCW Uniform Real Property Transfer on Death Act." Accessed May 15, 2020.
- West Virginia Legislature. "Chapter 36. Estates and Property." Accessed May 15, 2020.
- Wisconsin State Legislature. "705.15 Nonprobate Transfer of Real Property on Death." Accessed May 15, 2020.
- State of Wyoming Legislature. "HB0201 - Transfer on Death Deed." Accessed May 15, 2020.
- Gibbs Law Office. "Using a Lady Bird Deed in Florida [Overview, Pros and Cons]." Accessed May 15, 2020.
- State Bar of Michigan. "Ladybird Deed," Pages 31-32. Accessed May 15, 2020.
- Sacramento County Public Law Library & Civil Self Help Center. "Transfer on Death (TOD) Deeds," Page 3. Accessed May 15, 2020.
- Sacramento County Public Law Library & Civil Self Help Center. "Transfer on Death (TOD) Deeds," Page 5. Accessed May 15, 2020.
- Sacramento County Public Law Library & Civil Self Help Center. "Transfer on Death (TOD) Deeds," Page 4. Accessed May 15, 2020.
Tips
- Contact the Wisconsin County Clerk's office responsible for your property's location if you need a copy of your original deed.
Writer Bio
Anna Assad began writing professionally in 1999 and has published several legal articles for various websites. She has an extensive real estate and criminal legal background. She also tutored in English for nearly eight years, attended Buffalo State College for paralegal studies and accounting, and minored in English literature, receiving a Bachelor of Arts.