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Doug, Continuing with the process of "transfer of ownership" from myse

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Doug, Continuing with the process...
Doug, Continuing with the process of "transfer of ownership" from myself to my former spouse via Quitclaim Deed, as a result of divorce, I have a question related to 3 specific questions that I must answer on the Wisconsin's Department of Revenue online
"Real Estate Transfer Receipt" (or eRETR) form (https://www.revenue.wi.gov/retr/index.html). The 3 specific questions on this form that I must make sure I answer correctly are regarding: 1. Understanding “Chapter 77.25 Exemptions From Fee [s.77.25]” to determine
WHICH exemption divorce falls under. This, of course, pertains to "exemption" from "property transfer fees" of which I am under the impression and "believe" that divorce falls under, unless I'm mistaken. In the instructions/help provided by the Wisconsin Dept
of Revenue (Instructions Overview page; https://ww2.revenue.wi.gov/GenericFile/help/eRetr/detail.htm) for this eRETR online form, they list the available/acceptable exemptions that can be used, if your (my) situation (divorce) is eligible. I was under the
impression that for divorce I could use one of the three “Gift” exemptions but I don’t see anything specific to “divorce” in the available options for “Gift”, only; “8 - Gift: Parent/Child", "8m - Gift: Husband/Wife” and "8n - Gift: Domestic Partner”. 2. With
regards ***** ***** for “Weatherization” in Wisconsin (via home inspection), I am 100% confident I found the appropriate information that states that “divorce settlement” is “exempt” from the requirement to re-certify PRIOR to the transfer of ownership
and since the property will NOT be a rental unit but a residency occupied by the Grantee. However, the following is the only clarification that I need on the “Weatherization Energy Exclusion Code” and which one I should specify on the form. The following two
codes that look to be remotely applicable to my divorce situation are: (I initially chose W-11 (as part of “court judgement”) 3. The final clarification I need is in with the Parcel Identification Number (PIN) used in this WI Dept of Revenue eRETR online form
and the Quitclaim Deed that you’ve already helped me with. There seems to be a slight mis-match and I’m concerned this will be enough to have my Quitclaim Deed and eRETR form/receipt rejected. I am pretty confident clarification on these 3 items will help
me to finalize and close out this matter. Thank you kindly in advance! Gilbert
Submitted: 2 years ago.Category: Real Estate Law
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7/24/2015
Real Estate Lawyer: LawTalk, Attorney replied 2 years ago
LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37,857
Experience: I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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Good afternoon,
I am unable to assist you in this matter, and I am going to opt out of your question and open this up for other professionals.
Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.
There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.
I apologize for any inconvenience and wish you well in your future.
Doug
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Customer reply replied 2 years ago
No problem... thank you for the quick reply.Regards,
Gilbert
Customer reply replied 2 years ago
Additional info to each of the 3 questions on the WI Dept of Revenue eRETR online form...1. Understanding “Chapter 77.25 Exemptions From Fee [s.77.25]” to determine WHICH exemption divorce falls under.1.1. If “divorce” is NOT eligible for the “Gift” exemption (I thought it was in WI), but if not, which exemption would be acceptable?
1.2. If “divorce” is NOT eligible for exemption at all than my direction is clear on this. I have to pay the transfer fee of the full value of the property.2. With regards ***** ***** for “Weatherization” in Wisconsin (via home inspection), I am 100% confident I found the appropriate information that states that “divorce settlement” is “exempt” from the requirement to re-certify PRIOR to the transfer of ownership and since the property will NOT be a rental unit but a residency occupied by the Grantee. However, the following is the only clarification that I need on the “Weatherization Energy Exclusion Code” and which one I should specify on the form.2.1. W-1: OWNER-OCCUPANCY - Building has one to four units and will be occupied by purchaser as a primary or secondary residence for at least one year beginning within 60 days of transfer. (Comm 67.02(2)(a)) A stipulation to have the property certified is needed if the owner cannot owner-occupy a unit within 60 days of closing. The stipulation may be cancelled if the owner-occupancy occurs within the first year. "Owner" is defined as one having a legal or equitable interest in a rental unit. 67.04(15), ss. 101.122(1)(d) Stats. Companies and corporations cannot occupy a dwelling and therefore do not qualify for this exclusion. An owner may claim not more than 2 dwelling units as owner-occupied. In multiple-use buildings, an owner may claim W-1 only if the residential portion of the building is occupied by him or her. (Mix of residential and nonresidential) (Comm 67.02(2))
2.2. W-11: OTHER - Other, including court judgment; other probate besides s.77.25 (11), STATS; no rent situations such as in an e.g. a life estate; condo or co-op conversion, etc. (Explanation required for use by Department of Commerce). Includes all court-ordered sales not exempt by 77.25, Stats. (Comm 67.04(20). Use in probate situations when personal representative deed transfers real estate from the estate to grantees (including third parties totally unrelated to the deceased). (Comm 67.04(20) (stats). May be used in life estate situations wherein the building is a single-family dwelling and there are no other units being rented out. (Comm 67.04(17) Transfer to a condominium or housing cooperative may use this exclusion. (Comm 67.04(20)(3). This exclusion is not appropriate in situations wherein parents purchase a building which their children occupy, regardless of how the mortgage payments are made. Such transactions are subject to the code.
2.3. The full list of available “Energy Exclusion Codes” is listed in the “Weatherization” section of the previously referenced eRETR Instruction Overview page.
(https://ww2.revenue.wi.gov/GenericFile/help/eRetr/detail.htm)
Customer reply replied 2 years ago
Last of the info regarding each of the 3 questions on the WI Dept of Revenue eRETR online form...3. The final clarification I need is in with the Parcel Identification Number (PIN) used in this WI Dept of Revenue eRETR online form and the Quitclaim Deed that you’ve already helped me with. There seems to be a slight mis-match and I’m concerned this will be enough to have my Quitclaim Deed and eRETR form/receipt rejected.3.1. The Parcel ID Number (PIN:(###) ###-####3) I used/referenced in my Quitclaim Deed form is the exact same PIN that I found on the original Deed.
3.2. The Parcel ID Number that every other online accessible tool in Wisconsin; including my Property Tax Bill, Property Tax Key, County Assessor’s Property Assessment, Divorce Settlement Documents all reference a different PIN (494-0054-000).
3.3. Is this Quitclaim Deed and eRETR form likely to be rejected because of this? And if so, should I go back and revise the Quitclaim Deed form to use the 10-digit Parcel PIN (494-0054-000) to MATCH what every other legal document uses? Will this require me to have that Quitclaim Deed re-notarized with both parties (Grantor/Grantee) present? Or can I simply hand-revise the Parcel PIN on the existing signed/notarized Quitclaim Deed?
Customer reply replied 2 years ago
How can I UP THE PAYMENT on this question which, I understand, is more like 3 questions than 'a' question?
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