how to add someone to a deed in michigan

Enjoy! Roberts and Roberts, L.L.P. Harrisville, MI 48740 Warranty deeds come with some type of . https://www.missaukee.org/departments/clerk___register_of_deeds/index.php, Monroe County Register of Deeds The current owner the person giving away their rights to the property would be the grantor in the quit claim deed. Lansing, MI 48918-1900 7064 Crowner Drive Box 377 2 South 6th Street, Suite 11 https://www.co.hillsdale.mi.us/index.php/tm-gov/tsm-gov-deeds, Houghton County Register of Deeds MSU Extension. Fax Number: 231-724-6842 You can add someone to the deed if there is a mortgage, but it will not change who is responsible for the mortgage. Howell, MI 48843 319 Court Street http://recording.crawfordco.org/recorder/web/, Delta County Register of Deeds Both people would acquire their interest in the property at the same time in the chain of title. http://www.barrycounty.org/departments_and_officials/officials/register_of_deeds/index.php, Bay County Register of Deeds That means he could pay substantially more in capital gains taxes than if he acquired the property when you died. Research source. For example, if you have a property tax exemption because you are over 65, you would lose that exemption if you added your daughter to your house title. Procedures vary by state, so it's best to hold off signing the deed until you're in the presence of the notary at the recorder's office so that the signatures can be witnessed. Without reading this article, I would have pursued a different route. Centreville, MI 49032 Phone Number: 989-785-8079 720 W. Chisholm Street X Charlevoix, MI 49720 You're not guaranteeing you have any interest at all, or that you have particular ownership or possession rights. Phone Number: 906-635-6312 8562 P.O. Tawas City, MI 48764 The deed must list the name and business address of the person that prepared the deed. Reed City, MI 49677 Go to the county recorders office and get a quitclaim form. Step 1: Download the MI quitclaim deed form. Fill in the recording information. Misconceptions and Realities It is a misconception that someone can be "removed" from the deed. Lenawee County Courthouse Obtain the necessary consents from lenders and . Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. Phone Number: 906-225-8415 Box 35 304 E. Ludington Ave. If the current owner received title insurance on the property when they came into possession, they may want to contact the company that wrote the policy to make sure that a deed will not affect the policy. If the value of the gift exceeds the annual exclusion limit ($16,000 for 2022) the donor will need to file a gift tax return (via Form 709) to report the transfer. It doesn't matter whether you intended it to be a gift or not. Accessed April 10, 2020. If you are transferring an interest to your spouse, many states have laws that automatically give you survivorship rights and also protect the property from your spouse's creditors. 500 Lake St. Email: mmerchant@gratiotmi.com 111 South Canal Street Once youre sure you want to move forward, decide on what kind of co-ownership you want based on your situation. 120 W. Michigan Avenue Fax: 877-443-9505 Fax Number: 906-875-0658 Real Property 313-224-5854 605 N. Birch St. P.O. Unmarried people can own real estate together in one of two ways: joint tenants with rights of survivorship, or tenants in common. Box 111 Port Huron, MI 48060 Email: registerofdeeds@isabellacounty.org Box 438 For more detailed information on how to add someone to your house title, scroll down. Fax Number: 269-781-0720 You may have to fill out a form to have the deed officially recorded, as well as pay a small fee. 225 W. Main Street Suttons Bay, MI 49682-9718 Email: rod@shiawassee.net https://alpenacounty.org/register-of-deeds/, Antrim County Register of Deeds 200 E Grand River Use a typewriter or computer printer when filling in the information on the deed to ensure it is legible. We do not have any blank deed forms available in our office. Phone Number: 989-831-7337 Email: registerofdeeds@emmetcounty.org wikiHow marks an article as reader-approved once it receives enough positive feedback. In the cases of tenancy by entirety and joint tenancy, a deed transfer must take place. 422 W. Lake Street https://ironmi.com/register-of-deeds, Isabella County Register of Deeds Fax Number: 989-832-6842 If you own your own home, you may decide that you want to add someone, such as a new spouse or an adult child, to your house title. "I live in a home purchased 10 years ago by my now-deceased mom. His capital gain would be $900,000. L'Anse, MI 49946 A Michigan deed is a legal document used to convey property from an owner to a purchaser in Michigan. To add a joint owner to your property dead, you'll first need to check your loan documents or call your lender to determine responsibilities and policies. P.O. Personal Property 313-224-5860 If you do not specify the type of ownership, the ownership will be presumed to be tenancy in common. Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. The notary will charge a small fee to witness your signature and notarize your deed, typically less than $10. Check with a property law attorney if you want to create a joint tenancy and are unsure of the language to use. A Quitclaim Deed is similar to a Grant Deed in that it immediately transfers all of your interest, ownership and right in the property. Fax Number: 906-225-8420 Phone Number: 989-826-1116 This might end up activating the due-on-sale clause if it is part of your mortgage clauses. Strike a line through any verbiage on the deed that does not apply to your circumstances. In California, you can. This article taught me things I did not know. She received her JD from Indiana University Maurer School of Law in 2006. Phone Number: 231-745-4641 This is a valid reason to have an attorney review a deed before you sign it and have it recorded. If you are in one of these situations, you might be wondering how to add someone to your house deed if you live in Michigan. Fax Number: 231-627-8453 Civil Rights, Inclusion & Opportunity Department. Some common exemptions include homestead exemptions or exemptions for people over the age of 65. 2 S. Main St. 200 N. Moore Street 870 S. Main Fax Number: 989 - 984-1101 Uniform Commercial Code Section That means when you die, your spouse will absorb your ownership share of the property. 301 W. Upton https://www.gogebiccountymi.gov/government/county_offices/register_of_deeds.php, Grand Traverse County Register of Deeds http://www.lenawee.mi.us/259/Register-of-Deeds, Livingston County Register of Deeds Phone Number: 269-467-5552 https://www.countyofbranch.com/departments/register-of-deeds/, Calhoun County Register of Deeds Sandusky, MI 48471 Joint Tenants. P.O. Also specify the type of ownership each party will have. Fax Number: 989-426-6902 There are two ways to get a deed. If so, the change in title might trigger an obligation to repay the remaining debt in full, or demand a refinancing agreement to add the new owner to the note. Cassopolis, MI 49031 Jennifer Mueller is an in-house legal expert at wikiHow. Obtain a blank quit claim deed form from an office supply store, attorney or title company. St. Johns, MI 48879-1580 Flint, MI 48502 Adding your spouses name to the deed will expose your property to any judgments against him. Fax Number: 989-790-5278 We use cookies to make wikiHow great. Quitclaim deeds in Michigan can give the grantee different types of rights. Phone Number: 231-689-7246 https://www.washtenaw.org/262/Clerk-Register-of-Deeds, Wayne County Register of Deeds The person in possession of the deed can simply sign on behalf of the state, or they can request the state to send them a copy of the deed. Complete, review and sign the quitclaim or warranty form. 1101 Beach Street, Room 138 This may include information such as the statement that the transfer is forever, or that the property transfer extends to the second person's assigns. emily in paris savoir office. Fax Number: 906-524-6432 A Michigan lady bird deed form allows a person to retain control over Michigan real estate during his or her life and automatically transfer the real estate at his or her death. Be aware that adding a person to your deed can cause you to lose property tax exemptions, based on how the deed is worded. 200 North Main St. Suite 110 : How to Add Someone to a Deed, LegalBeagle: How to Add a Husband's Name to the Deed or Leave the House to Him in a Will. 12220 Fillmore St., Room 146 Box 388 Note that banks are often trustees. Phone Number: 269-781-0707 Suite M-3 Fax Number: 989-354-9646 Articles Real Estate Deeds Made Easy Since 1997. However, in practice, they may refuse regardless of who you're adding to your house title or why. 214 E. Center St Baldwin, MI 49304 In Michigan, a person must live more than 120 hours after their co-owner dies for the survivorship rights to take effect. Kalamazoo, MI 49007 She has an extended family of pets, including special needs animals. Phone Number: 810-257-3060 Phone Number: 231-832-6113 http://lakecounty-michigan.com/Courthouse/RegisterofDeeds.aspx, Lapeer County Register of Deeds These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date. Phone Number: 906-667-0381 P.O. Phone Number: 517-543-4203 Email: rod@livgov.com Phone Number: 906-387-2076 Phone Number: 989-317-4089 Add language to the deed specifying what percent of the property you and the person you are adding owns, if necessary. https://www.co.midland.mi.us/RegisterofDeeds.aspx, Missaukee County Register of Deeds Hastings, MI, 49058 https://www.lucecountymi.com/register-of-deeds, Mackinac County Register of Deeds 101 Court Street Each type of ownership carries unique characteristics, and factors such as financial ability, family relations and marital . In this case, 86% of readers who voted found the article helpful, earning it our reader-approved status. In this case, 91% of readers who voted found the article helpful, earning it our reader-approved status. ", You must use specific language in your deed to create a joint tenancy. With a grant deed, you are making a promise that you are the current owner of the property and that there aren't any liens, mortgages, or other claims to the property that you haven't disclosed. https://www.isabellacounty.org/departments/register-of-deeds/, Jackson County Register of Deeds wikiHow marks an article as reader-approved once it receives enough positive feedback. Include your name and the name of the person you want to add to your house title. This includes the names of the people listed as owners on the deed -- in this case, you and the person you're adding -- and your mailing address, the one to which you would like the recorded deed and tax documents mailed. Mt. Monroe, MI 48161 310 Ludington Street, Suite 104 Adding someone to your deed means that you have transferred part of your property ownership or the whole property for that matter. However, if you own the property as tenants in common and one owner dies, that owner's interest in the property goes to his heirs, and the other owner only keeps whatever she had before the death. Other information that is typically on a deed, no matter what state you are in, includes the property address and legal description, the city, county, state and the date. She began working in the fitness industry in 1987, and her experience includes editing and publishing a workout manual. "Gave me the clear directions I needed and informed me that what I really want to do, claiming as joint tenants with, "I was so happy to find this article, it answered all my questions! The form will include a blank for your name, the names of the people to whom you want to transfer the property, and the legal description of the property (which you can copy from your old deed). http://schoolcraftcounty.net/government/elected-officials/clerk-and-register-of-deeds Pleasant, MI 48858 1200 N. Telegraph 219 Paw Paw Street, Suite 102 Public Works . Phone Number: 231-873-4158 https://www.stclaircounty.org/offices/register_of_deeds/, St. Joseph County Register of Deeds Fax Number: 313-224-5884 Phone Number: 906-789-5100 Co-owners who are tenants in common can use the property as security on a loan or take out a mortgage on the property, but only to the extent of their ownership interest. A deed and a mortgage are two separate things. http://lapeercountyweb.org/index.php/departments/register-of-deeds, Leelanau County Register of Deeds Consumers Credit Union. Petoskey, MI 49770 For example, it would work to say "Suzy Sunshine and Martin Moon as joint tenants with right of survivorship and not as tenants in common.". Jensen attended Idaho and Boise State Universities. MCL 565.201a. https://www.newaygocountymi.gov/departments/register-of-deeds/home/, Oakland County Register of Deeds https://www.leelanau.gov/registerofdeeds.asp, Lenawee County Register of Deeds Fax: 231-922-2770 Buildings, Safety Engineering and Environmental Department. https://rod-eweb.clinton-county.org/recorder/web/, Crawford County Register of Deeds Please Note: The Register of Deeds Office does not prepare or change documents and cannot provide legal assistance. Phone Number: 906-884-4255 Note: A deed is an instrument used to transfer ownership (title) to another person. Elle Di Jensen has been a writer and editor since 1990. 1. That applies only to married couples. If you add someone to the property deed and you are responsible for the mortgage, your lending institution might require you to refinance the loan in both names. Fax Number: 231-689-7271 You can do your title search yourself, or you can order one from the title company that issues your title insurance policy. Ste. Mio, MI 48647 https://www.oscodacountymi.com/register-of-deeds/, Otsego County Register of Deeds Fax Number: 231-845-7977 This might not be an option if one of the owners does not have good credit. Box 538 Sault Ste. https://www.berriencounty.org/296/Register-of-Deeds, Branch County Register of Deeds https://www.co.marquette.mi.us/departments/register_of_deeds/index.php, Mason County Register of Deeds Suite 105 Bad Axe, MI 48413 Box 718 200 Grand River Avenue They still used my income, but I'm not on the note. Phone Number: 231-922-4753 However, this action can have a financially devastating outcome if you don't prepare in advance. http://www.sanilaccounty.net/PublicPages/Entity.aspx?ID=220, Schoolcraft County Register of Deeds Get a copy of your current deed and select the type of new deed form you want to use. Or, it could be that you want the ownership of your property to go to your child in the event of your death. Record the TOD with your county recorder of deeds, and rest assured that your loved one automatically owns your house when you have passed. https://keweenawbay.org/government/departments/county-clerk-register-of-deeds/, Barry County Register of Deeds Holding Title: Tenants vs. "Tenants". Home. 407 West Harrie St. My son has no interest in the property and has his own. "Keeping Your House Out of Probate." You also may have to pay any property taxes that have been reassessed as a result of the change in ownership. Phone Number: 906-337-2229 http://www.menomineecounty.com/departments/?department=4a30b23c515d, Midland County Register of Deeds IRS. West Olive, MI 49460 If avoiding probate is a priority, an attorney can help you find the best method to add the other person to your house title. You may want to consult a real estate attorney to find out if adding your spouse to your deed will achieve the result you want. http://rd.ingham.org/departments_and_officials/register_of_deeds/index.php, Ionia County Register of Deeds Phone Number: 616-994-4510 If youre paying a mortgage, get your lenders written permission to transfer your house title, and if your house is a major asset, consult an estate attorney regarding potential estate issues. Fax Number: 989-344-3223 Otherwise, married couples usually claim property as tenants by the entirety. Phone Number: 989-790-5270 A present beneficiary of a trust is the person who has the enjoyment and beneficial use of the property during the life of the trust. This article helped point the way. https://deltacountymi.org/register-of-deeds/, Dickinson County Register of Deeds Email: regdnan@dickinsoncountymi.gov P.O. You'll become joint tenants with rights of survivorship. http://www.kalcounty.com/clerk/, Kalkaska County Register of Deeds It's revocable. 200 N. Main Street Many reasons might exist that would make you want to add someone to the deed to your house. By signing up you are agreeing to receive emails according to our privacy policy. Fax Number: 989-269-8786 In this case, if one dies, the other automatically becomes the sole owner of the property. We recommend that you consult an attorney or real estate professional for assistance in preparing the proper document that will convey the type of interest you want a particular person or entity to have in your property. County Government Building Box 800 If youve recently married and already own a home or other real estate, you may want to add your new spouse to the deed for your property so the two of you own it jointly. Generally speaking, adding another owner only makes the probate process more complicated. The easiest and most common way to do this is with a quitclaim deed and the refiling of a new deed with joint ownership. First, you should discuss the property interests with any co-owners, then go through the process of completing and submitting either a quitclaim or warranty deed form. not mine. https://www.co.jackson.mi.us/269/Register-of-Deeds, Kalamazoo County Register of Deeds In some cases, you may be able to order the deed online. 51 S Macomb St This is wonderful!". Your county recorder may charge a small fee to pull the deed, and typically will charge an additional fee to make a copy of it for you. http://alconacountymi.com/?page_id=390, Alger County Register of Deeds Suite 301 One of the most common incorrect assumptions in real estate is that someone can be added to a deed. My spouse died, how do I remove my spouse's name from my deed? https://www.co.monroe.mi.us/549/Register-of-Deeds, Montcalm County Register of Deeds If you choose this type of ownership, then one cannot sell or dispose of the property without the consent of the other. One of the most common incorrect assumptions in real estate is that someone can be added to a deed. http://www.livgov.com/rod/Pages/default.aspx, Luce County Register of Deeds Fax Number: 734-240-7395 1087 Newell St. Issues of marriage and property ownership become complicated when a divorce is involved. Once you've signed the deed, take it to the recorder's office where you got the copy of your old deed. 400 Elm Street http://www.kalkaskacounty.net/government/register_of_deeds/index.php, Kent County Register of Deeds Fax Number: 906-387-2156 is not an easy one. You die 50 years later, and your spouse decides to sell the house five years after that for $1 million. Please contact our friendly staff at your convenience. Fax Number: 734-222-6528 Phone Number: 989-875-5217 http://keweenawcountyonline.org/department-clerk.php, Lake County Register of Deeds It's awesome and well-written, very clear on how, "Understanding how to add me to the deed, I had no idea of the consequences. Adrian, MI 49221 205 E. 11th St. P.O. https://www.stjosephcountymi.org/government/register-of-deeds, Tuscola County Register of Deeds Big Rapids, MI 49307 Caro, MI 48723 Phone Number: 989-426-7551 The best advice is to consult an attorney who specializes in these issues regarding the specifics of your situation. Email: dsimmons@ogemawcountymi.gov Phone Number: 231-258-3315 Make sure you select the one that best suits your needs. Box 70 Phone Number: 517-788-4350 http://www.co.calhoun.mi.us/, Cass County Register of Deeds Box 168 113 Chestnut Street 100 N. State Street If one person owns a piece of real estate and wants to bring on another owner, this means that the current owner would give up their interest in the property to themselves and the other person. Generally, anyone who dies during the first 120 hours after . This is also where you specify how the two of you will own the property. 301 State Street The transfer is excluded from the gift tax if you're adding your spouse to your house title. Fax Number: 616-632-7615 Box 195 Email: registerofdeeds@picounty.org MCL 565.8. The difference between tenancy by the entirety and joint tenancy with right of survivorship is that if one spouse has debts, that spouse's creditors can't go after the other spouse's interest in the property to cover those debts. Adam Luehrs is a writer during the day and a voracious reader at night. Allegan, MI 49010 If one person owns a piece of real estate and wants to bring on another owner, this means that the current owner would give up their interest in the property to themselves and the other person. P.O. American Academy of Estate Planning Attorneys. These fees usually won't be more than $20. http://www.ioniacounty.org/register-of-deeds/, Iosco County Register of Deeds The deed must be notarized. Fax number: 906-663-4660 Phone Number: 517-264-4538 References Box 296 The most common way to remove someone from a deed is through a deed of conveyance, such as a quitclaim or warranty deed. were I to add him to my deed. This article was written by Jennifer Mueller, JD. Phone Number: 906-643-7306 If you are added to the deed of someone else's home, you are not automatically responsible for the mortgage and payments, only if they add you to the mortgage, too. Fax Number: 231-533-8317 St. Joseph, MI 49085 ", Unlock premium answers by supporting wikiHow, http://www.washingtonpost.com/realestate/before-adding-a-loved-one-to-a-house-deed-think-hard-first/2013/11/27/b02538c8-51fc-11e3-9fe0-fd2ca728e67c_story.html, http://www.nolo.com/legal-encyclopedia/deeds-faq-29119-2.html, http://www.nolo.com/legal-encyclopedia/deeds-faq-29119.html, http://www.saclaw.org/Uploads/files/forms/QuitclaimDeed.pdf, http://www.washingtonpost.com/wp-dyn/content/article/2008/02/29/AR2008022901680.html, http://www.saclaw.org/Uploads/files/Step-by-Step/sbs-deeds.pdf, incluir a un cnyuge en un ttulo de propiedad. County Courthouse Building About the Author. 211 W. Main St. Talk to a property law attorney if you're interested in creating a tenancy by the entirety. If you want to transfer title to a friend or your child, the same principle applies. If you need a Bell County attorney, we would welcome the opportunity to assist you. Include your email address to get a message when this question is answered. Phone Number: 231-882-0016 There are exceptions, such as if the other person is not paying you any money to be added to the deed. Become familiar with your spouses financial history before you decide to add his name to your deed. Survivorship (outliving your co-owner) affects more than just the four types of jointly owned property. Many of these reasons involve marriage, moving in together, divorce or estate issues. If you simply add your child's name to your existing deed, they won't necessarily have rights of survivorship. "Frequently Asked Questions on Gift Taxes." In order to accomplish this, you can't just pen in the name on your deed. When you use a quitclaim deed, you're only transferring any ownership interest you have. how to add someone to a deed in michigan . Email: goodreauw@baragacounty.org 701 Main Street The American College of Trust and Estate Counsel. If your goal is to avoid probate, be sure to specify on the form that you're claiming as joint tenants with a right of survivorship. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. To continue the previous example, suppose you added your spouse to the deed for the house you bought for $100,000. If you are adding a spouse or a child to your house title, the transfer typically will be excluded from reassessment. The short answer: No. Phone Number: 231-592-0148 Gaylord, MI 49735 Spell out ownership percentages only if the parties involved are to share ownership in a split other than 50-50. 300 Walnut Street, Room 164 Mortgage and Deed to House The new person acquiring an interest in the property would also be a grantee. When you die 50 years later, your spouse acquires a house with a fair market value of $900,000. 401 W. Cedar Ave. Especially if you previously consulted an attorney, you may want to have them look over the new deed and make sure it will achieve your goals for co-ownership of your house. Charlotte, MI 48813