Anthony Kennedy

“ As I read these provisions, respondent obtained from his wife her one-half interest in the home, while always retaining his one-half interest as well. Because no interest in the home, other than the lien, was awarded to respondent's wife, respondent was never divested of any interest.
This interpretation conforms to the result mandated if a marriage terminates without any decree for property division. Wisconsin law provides that " [a] fter a dissolution each former spouse owns an undivided one-half interest in the former marital property as a tenant in common." ”

“ So too, if one spouse were to make a voluntary transfer of his or her one-half interest to the other spouse, I should not think it could be said that the transferee's prior interest had been extinguished. ”