Wisconsin property deeds
Deed rules are state law, and Wisconsin's differ from its neighbours in ways that decide whether your document records or comes back. Here is the whole picture: which deeds exist here, how they have to be signed, what the recorder wants on the page, and what it costs.
- Recording office
- Register of Deeds
- Witnesses
- Notary only
- Transfer tax
- $3.00 per $1
- First-page margin
- 3″ top
- Recording fee
- ~$30 first page
- E-recording
- Generally available
Deeds Wisconsin recognizes
| Deed | What it does | Available? |
|---|---|---|
| Quitclaim deed | Transfers whatever interest you have in a property, with no promises about the title. | Yes |
| General warranty deed | Transfers ownership with the strongest title guarantees the law allows. | Yes |
| Special warranty deed | Transfers ownership, but only guarantees the title for the period you owned it. | Yes |
| Transfer on death designation | Names who inherits your property, skips probate, and changes nothing while you're alive. | Yes |
| Lady bird deed | An enhanced life estate deed: you keep total control for life, and the property passes automatically at death. | No |
| Life estate deed | You keep the right to live in the property for life; named remaindermen own it after you. | Yes, less common |
| Gift deed | Transfers property to someone as an outright gift, for no payment. | Yes, less common |
Wisconsin does not recognize lady bird deeds. Recording one here wouldn't achieve what you want.
How a deed has to be signed in Wisconsin
Wisconsin requires the grantor's signature to be acknowledged before a notary public. No witnesses are required.
| Requirement | Rule |
|---|---|
| Notarization | Required for every signature |
| Witnesses | None |
| Preparer statement | Customary, not required |
| Grantee address on the deed | Required |
| Prior deed reference | Optional |
| Spousal joinder | Both spouses must sign to convey a homestead (Wis. Stat. § 706.02(1)(f)). A Wisconsin deed must state whether the property is homestead property. |
Wisconsin document formatting rules
Registers of deeds in Wisconsin expect 8.5 × 11 inch paper with a 3-inch top margin on the first page and 0.25-inch margins elsewhere. Type must be at least 8 point. That top margin is the recorder's stamp area. Writing into it is the most common formatting rejection there is.
- Wisconsin requires a 3-inch by 3-inch blank area in the upper right corner of the first page, and a name/return-address block in the upper left (Wis. Stat. § 59.43(2m)).
Wisconsin transfer tax and recording fees
Wisconsin charges Real estate transfer fee at $3.00 per $1,000 of value (0.3%). Customarily paid by the grantor.
Common exemptions: transfers between spouses, transfers between parent and child for nominal consideration, gifts with no consideration, and transfers to or from a revocable trust.
A form has to travel with the deed
Wisconsin requires Electronic Real Estate Transfer Return (eRETR) with most recorded deeds, including gifts and other exempt transfers. Recorders reject packages that are missing it.
Recording fees run about $30 for the first page. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
How to hold title in Wisconsin
- Sole ownership. One person owns everything.
- Tenancy in common. Separate, divisible shares with no survivorship. A deceased owner's share goes to their heirs.
- Joint tenancy with right of survivorship. Equal shares; the survivor takes the whole property automatically.
- Community property. Property acquired during marriage belongs to both spouses equally.
- Community property with right of survivorship, usually the best choice for married couples here: probate avoidance plus a full step-up in basis on the whole property at the first death.
What the law presumes for married couples
Wisconsin is a marital property state. Property acquired during marriage is presumed marital property (Wis. Stat. ch. 766), which functions like community property.
Where to record a deed in Wisconsin
Deeds are recorded with the Register of Deeds in the county where the property is located. Wisconsin has 72 counties. Most offices accept e-recording through a submitting service, which is usually same-day.
Milwaukee · Dane · Waukesha · Brown · Racine · Outagamie · Winnebago · Kenosha · Washington. all Wisconsin recording offices
Why deeds get rejected in Wisconsin
- Every Wisconsin deed must state whether the property IS or IS NOT homestead property. If it is, both spouses must sign, regardless of who is on the title.
- Wisconsin is a marital property (community property) state, the only one in the Midwest.
- An electronic Real Estate Transfer Return (eRETR) must be completed online; the receipt number goes on the deed before recording.
- Wisconsin implements transfer-on-death as a TOD designation under Wis. Stat. § 705.15 rather than a separate deed instrument.
- Leave a 3-inch by 3-inch blank block in the upper right of page one and a return-address block in the upper left.
From $39. Every Wisconsin rule above is applied automatically, and you read the finished document before you pay.
Common questions
You sign a deed, have it notarized, and record it with the Register of Deeds in the county where the property sits. Which deed depends on what you're doing: a quitclaim for family transfers and adding or removing a name, a warranty deed for a sale, and a transfer-on-death deed for probate avoidance.
No. Wisconsin does not require an attorney to prepare or record a deed. Use one when ownership is disputed, when the owner has died and the estate has not been probated, when the estate is large enough to owe tax, or when Medicaid planning is involved.
About $30 for the first page. Wisconsin also charges real estate transfer fee at $3.00 per $1,000 of value (0.3%).
Yes. The statute is Wis. Stat. § 705.15. Wisconsin calls it a transfer on death designation. It must be recorded before the owner's death to be effective.
Keep reading
- Wisconsin quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Wisconsin general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Wisconsin special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Wisconsin transfer on death designationNames who inherits your property, skips probate, and changes nothing while you're alive.
- Wisconsin recording officesWhere to file in each county, with fees and contact details.
- Compare all 51 jurisdictionsWitness rules, transfer taxes, and recording fees side by side.
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.