how to add someone to a deed in michigan

Suttons Bay, MI 49682-9718 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. Fax Number: 989-790-5278 Box 110 Jackson, MI 49201 Atlanta, MI 49709 A Quitclaim Deed is similar to a Grant Deed in that it immediately transfers all of your interest, ownership and right in the property. This could result in far lower capital gains taxes. Home. : 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. Fax Number:231-839-3684 Phone Number: 906-337-2229 Michigan Treasury Online Business Services, Homeowner's Principal Residence Exemption. Phone Number: 989-539-7131 Fax number: 906-663-4660 When we bought a home, I was still not divorced. 287 W. Nepessing Street Suite 1 ", https://www.consumer-action.org/english/articles/before_you_add_someone_to_your_title2006/, https://www.irs.gov/businesses/small-businesses-self-employed/gift-tax, https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-gift-taxes, https://saclaw.org/wp-content/uploads/sbs-completing-and-recording-deeds.pdf, https://www.americanbar.org/content/dam/aba/publishing/rpte_ereport/2015/2-March/enforceability_of_mortgage.authcheckdam.pdf, https://www.extension.iastate.edu/agdm/wholefarm/html/c4-51.html, http://realestate.findlaw.com/buying-a-home/do-you-need-title-insurance.html. Support wikiHow by This might not be an option if one of the owners does not have good credit. They still used my income, but I'm not on the note. 120 N. Grove Street Take the deed to your county recorder's office to have it notarized and recorded. https://oceana.mi.us/departments/register-of-deeds/, Ogemaw County Register of Deeds Box 538 Then, sign the completed form in the presence of a notary before submitting it to the recorders office! Fax Number: 810-768-7965 The property transfer occurs automatically at the prior owner's death, avoiding probate. Fax Number: 906-643-1178 We use cookies to make wikiHow great. 101 Court Street By signing up you are agreeing to receive emails according to our privacy policy. Talk to a property law attorney if you're interested in creating a tenancy by the entirety. Fax Number: 231-533-8317 Fax Number: 989-832-6842 https://www.co.jackson.mi.us/269/Register-of-Deeds, Kalamazoo County Register of Deeds 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. In this case, if one dies, the other automatically becomes the sole owner of the property. Fax Number: 231-689-7271 Instead, you'll create a new deed with a group of owners, perhaps you, your spouse, and your child. http://www.lenawee.mi.us/259/Register-of-Deeds, Livingston County Register of Deeds Fax Number: 989-895-4296 Property ownership, transfer laws and deed practices differ depending on the state in which you live. My spouse died, how do I remove my spouse's name from my deed? Email: deeds@co.muskegon.mi.us Saginaw, MI 48602 Phone Number: 989-317-4089 Go back to your county recorders office to get the deed recorded so it becomes part of the official property record. P.O. Here's a way to pass the interest in your home deed onwhile you're alive. https://www.berriencounty.org/296/Register-of-Deeds, Branch County Register of Deeds Each type of ownership carries unique characteristics, and factors such as financial ability, family relations and marital . Jennifer Mueller is an in-house legal expert at wikiHow. Box 70 Her work has appeared in various print and online publications. Phone Number: In the cases of tenancy by entirety and joint tenancy, a deed transfer must take place. 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. Fax Number: 989-953-7219 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. 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. Email: rod@livgov.com MCL 565.221. Add language to the deed specifying what percent of the property you and the person you are adding owns, if necessary. If you do not specify the type of ownership, the ownership will be presumed to be tenancy in common. Baldwin, MI 49304 8562 Phone Number: 989-875-5217 https://www.otsegocountymi.gov/259/Register-of-Deeds, Ottawa County Register of Deeds P.O. Phone Number: 231-689-7246 151 E. Huron Street Buildings, Safety Engineering and Environmental Department. 106 5thP.O. https://www.saginawcounty.com/departments/register-of-deeds/, Sanilac County Register of Deeds https://ironmi.com/register-of-deeds, Isabella County Register of Deeds https://deltacountymi.org/register-of-deeds/, Dickinson County Register of Deeds 448 Court Place This article was written by Jennifer Mueller, JD. Some transfers are excluded from reassessment. Were committed to providing the world with free how-to resources, and even $1 helps us in our mission. P.O. Phone Number: 989-672-3840 Take the new deed to the county recorder's office. Box 368 Check with a property law attorney if you want to create a joint tenancy and are unsure of the language to use. 200 N. Main Street . If your lender agrees not to enforce the clause, get the agreement in writing. How do we add my name to note? For example, if you owned an 80 percent interest and your sister a 20 percent interest, your sister could only take out a mortgage for 20 percent of the value of the property. Fax Number: 989-846-9166 Phone Number: 989-734-2676 Phone Number: 989-724-9450 Phone Number: 734-240-7390 Many of these reasons involve marriage, moving in together, divorce or estate issues. 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. 1. Spell out ownership percentages only if the parties involved are to share ownership in a split other than 50-50. Phone Number: 989-831-7337 Phone Number: 906-387-2076 Box 885 http://lapeercountyweb.org/index.php/departments/register-of-deeds, Leelanau County Register of Deeds What or who is a trustee of a trust? Fax Number: 231-348-1773 We use cookies to make wikiHow great. Tax Foundation. To make changes to your property's deed, you must execute a new document rather than simply adding a name to your existing deed. You may also have to pay a document transfer tax. These fees usually won't be more than $20. "Estate Tax." Approved. Caro, MI 48723 Phone Number: 517-788-4350 Harrison, MI 48625 MI Earned Income Tax Credit, Retirement Tax, and Inflation Relief Initiatives 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. Fill in the recording information. The deed should include the grantor's marital status. Sault Ste. Hillsdale MI 49242 Phone Number: 231-832-6113 These companies will charge significantly more money than you would pay if you got a copy directly from the recorder's office. P.O. It's revocable. 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. https://www.ocmi.us/register-of-deeds/, Ontonagon County Register of Deeds Fax Number: 989-344-3223 The easiest and most common way to do this is with a quitclaim deed and the refiling of a new deed with joint ownership. Phone Number: 231-258-3315 Depending on how you claim the property, you may also need a spousal affidavit. "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! Cadillac, MI 49601 http://www.countyoffice.org/mi-ontonagon-county-recorder-of-deeds/, Osceola County Register of Deeds Property tax exemptions mean that you pay lower property taxes, and sometimes no property tax at all. https://www.dickinsoncountymi.gov/government/county_departments/register_of_deeds/index.php, Eaton County Register of Deeds There are two ways to get a deed. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. http://www.oakgov.com/clerkrod/Pages/default.aspx, Oceana County Register of Deeds Use it to try out great new products and services nationwide without paying full pricewine, food delivery, clothing and more. Suite 212 If one of the spouses already has someone they want to add to the property, it is best not to bring this into the picture during the divorce proceedings. Tenants by the Entirety. However, if you transferred the property to your spouse at your death, for example through a transfer-on-death deed, his capital gains basis would be the fair market value of the house when he acquired it. 407 West Harrie St. Phone Number: 989-731-7551 515 Center Avenue Suite 102 % of people told us that this article helped them. P.O. St. Ignace, MI 49781 When you use a quitclaim deed, you're only transferring any ownership interest you have. Phone Number: 989-354-9547 County Government Building 300 Walnut Street, Room 164 http://www.kalkaskacounty.net/government/register_of_deeds/index.php, Kent County Register of Deeds Fax Number: 231-845-7977 Bad Axe, MI 48413 Pleasant, MI 48858 IRS. To add a spouse to a deed, all you have to do is literally fill out, sign and record a new deed in your county recorder's office. Phone Number: 906-293-5521 With a tenancy by the entirety, one spouse cannot take out a mortgage on the property or do anything else to encumber the property without the consent of the other spouse. Then, you will have to file a quitclaim deed and then refile another deed to add the new person to the house deed. By using our site, you agree to our. However, this action can have a financially devastating outcome if you don't prepare in advance. 225 W. Main Street http://www.charlevoixcounty.org/register_of_deeds/index.php, Cheboygan County Register of Deeds Box 111 Menominee, MI 49858 This article has been viewed 206,090 times. Phone Number: 989-826-1116 There are different forms of deeds depending on the situation involved. Phone Number: 906-341-3618 Department of Public Works https://www.countyofbranch.com/departments/register-of-deeds/, Calhoun County Register of Deeds List of County Register of Deeds . 111 S. Michigan Avenue References Adding your spouses name to the deed will expose your property to any judgments against him. Accessed April 10, 2020. Get a copy of the title deed from your county clerk's office. Phone Number: 231-873-4158 http://rd.ingham.org/departments_and_officials/register_of_deeds/index.php, Ionia County Register of Deeds Fax: 989-785-8080 Box 8645 Email: clerk@schoolcraftcounty.us You can add someone to the deed if there is a mortgage, but it will not change who is responsible for the mortgage. Standish, MI 48658 Be aware that adding a person to your deed can cause you to lose property tax exemptions, based on how the deed is worded. Hart, MI 49420 P.O. You want to transfer the property from yourself to your spouse and yourself, making the two of you joint owners. Please contact an attorney for any legal questions you may have. Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. Government Center The steps to add a person to a property deed as joint owner are the same if you own your home outright -- except you bypass the step that deals with reviewing your mortgage and contacting your lender. St. Johns, MI 48879-1580 West Branch, MI 48661 304 E. Ludington Ave. P.O. Misconceptions and Realities It is a misconception that someone can be "removed" from the deed. Thank you. You can do your title search yourself, or you can order one from the title company that issues your title insurance policy. 125 W. Main St. https://www.geneseecountymi.gov/departments/register_of_deeds/index.php, Gladwin County Register of Deeds County Administration Building Fax Number: 989-345-6221 However, not every state has this type of ownership, and the application is different in every state. To avoid probate, you must choose an ownership relationship that includes a right of survivorship. Roscommon, MI 48653-7664 Include your email address to get a message when this question is answered. Fax Number: 517-543-4134 This is a law that allows a husband and wife to hold a piece of property as if they were a single entity. 301 State Street https://www.clareclerkrod.com/register_of_deeds/index.php, Clinton County Register of Deeds 806 W. Houghton Avenue, Room 104 A trustee of a trust is the person or agent who is appointed to administer the trust. Phone Number: 231-723-2146 My son has no interest in the property and has his own. If someone's name is on the mortgage and not the deed, only the person whose name is on the mortgage will be responsible for making payments. Please Note: The Register of Deeds Office does not prepare or change documents and cannot provide legal assistance. Beulah, MI 49617 Phone Number: 269-673-0390 The state will then make a copy of the deed, add their name to the deed, and send the new owner or person the original deed. https://www.miottawa.org/Departments/CountyClerk/ROD/, Presque Isle County Register of Deeds Also, I did not know the deed has to be worded a certain way in order to avoid probate upon my death. Email: rod@shiawassee.net By filing the quitclaim deed, you can add someone to the title of your home, in effect transferring a share of ownership. Go to the county recorders office and get a quitclaim form. Box 355 It doesn't matter whether you intended it to be a gift or not. https://www.co.marquette.mi.us/departments/register_of_deeds/index.php, Mason County Register of Deeds 500 Lake St. Email: regdnan@dickinsoncountymi.gov http://clerk.macombgov.org/Clerk-RegisterOfDeeds, Manistee County Register of Deeds Box 388 214 E. Center St 51 S Macomb St You will have to file a quitclaim deed and then file a new deed with joint ownership. You're not guaranteeing you have any interest at all, or that you have particular ownership or possession rights. 2 South 6th Street, Suite 11 7064 Crowner Drive The current owner the person giving away their rights to the property would be the grantor in the quit claim deed. The person selling the property is often called the "grantor" while the person buying the property is called the "grantee". Phone Number: 231-547-7204 Note also that if there is an outstanding mortgage on the property, the owner must review the terms to see if there is a notification requirement. Phone Number: 906-635-6312 Box 168 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. Phone Number: 586-469-7953 Leave the notary section blank. Quitclaim deeds in Michigan can give the grantee different types of rights. By using our site, you agree to our. Ionia, MI 48846 You may also have to pay a document transfer tax. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. The current owner would also be one of the grantees, the persons receiving the grantors rights to the property. Midland, MI 48640 https://www.washtenaw.org/262/Clerk-Register-of-Deeds, Wayne County Register of Deeds http://www.benzieco.net/government/county_register_of_deeds/index.php, Berrien County Register of Deeds Roberts and Roberts, L.L.P. P.O. Fax Number: 989-734-0506 Fax: 877-443-9505 Box 789 301 W. Upton This most simple answer is yes. You can also find out by contacting the tax assessor's office in your county. 437 E. Division 720 W. Chisholm Street Accessed April 10, 2020. Fax Number: 231-779-5352 219 Paw Paw Street, Suite 102 Iron Mountain, MI 49801 To add a spouse to a deed, all you have to do is literally fill out, sign and record a new deed in your county recorders office. Howell, MI 48843 Phone Number: 989-362-2021 There are 8 references cited in this article, which can be found at the bottom of the page. 200 Division Street, Suite 150 Bellaire, MI 49615 400 Boardman http://www.ioniacounty.org/register-of-deeds/, Iosco County Register of Deeds Before you add someone to your house title, consider consulting an attorney to better understand the legal and financial repercussions of doing so. https://www.vanburencountymi.gov/499/Register-of-Deeds, Washtenaw County Register of Deeds Houghton, MI 49931 Fax Number: 906-635-6855 120 North Main Ontonagon, MI 49953 Fax Number: 810-667-0293 Box 377 200 W. Michigan P.O. not mine. were I to add him to my deed. If you look at your property tax statement, it should indicate whether you're receiving any property tax exemptions. Mt. 415 Third Street In this case, 91% of readers who voted found the article helpful, earning it our reader-approved status. Phone Number: 810-257-3060 how to add someone to a deed in michigan. In the cases of tenancy by entirety and joint tenancy, a deed transfer must take place. Phone Number: 989-269-9941 http://www.co.grand-traverse.mi.us/587/Register-of-Deeds-Office, Gratiot County Register of Deeds 341 S. Jefferson Room 201 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. Accessed April 10, 2020. Fax Number: 906-337-2253 https://www.co.hillsdale.mi.us/index.php/tm-gov/tsm-gov-deeds, Houghton County Register of Deeds % of people told us that this article helped them. American Academy of Estate Planning Attorneys. https://alpenacounty.org/register-of-deeds/, Antrim County Register of Deeds https://www.casscountymi.org/154/Clerk-Register-Office, Charlevoix County Register of Deeds Coldwater, MI 49036 You'll become joint tenants with rights of survivorship. "Adding someone to a deed" means transferring ownership to that person. Strike a line through any verbiage on the deed that does not apply to your circumstances. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. 111 South Canal Street Leave the notary section blank. https://www.stjosephcountymi.org/government/register-of-deeds, Tuscola County Register of Deeds Phone Number: 248-858-0581 For example, you may set it up so that you have an 80 percent interest in the property while your sister has a 20 percent interest in the property. Articles Real Estate Deeds Made Easy Since 1997. Some states have a specific deed-holding status: Tenants in the entirety. Email: jwinton@oscodacountymi.com 1101 Beach Street, Room 138 Kalamazoo, MI 49007 http://www.livgov.com/rod/Pages/default.aspx, Luce County Register of Deeds Fax Number: 906-863-8839 Fax Number: 989-426-6902 Jennifer Mueller is an in-house legal expert at wikiHow. Include your email address to get a message when this question is answered. Fax Number: 989 - 984-1101 Accessed April 10, 2020. Thanks to all authors for creating a page that has been read 636,176 times. Email: clerk@cheboygancounty.net Phone Number: 906-225-8415 Your state law may have other specific languages to use. Tenancy by the entirety is only available for married couples and is not recognized in some states. Box 609 Box 35 Email: rdeeds@gogebic.org You can't have it both ways, however. 234 W. Baraga Avenue The separate interest refers to the monetary interest in the property. Phone Number: 231-882-0016 Email: mmerchant@gratiotmi.com Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. Sacramento County Public Law Library. Phone Number: 231-779-9455 Box 718 Otherwise, married couples usually claim property as tenants by the entirety. Phone Number: 906-774-0955 Especially with large lenders, it isn't uncommon to get a bill for the balance of the mortgage when the transfer is complete. The American College of Trust and Estate Counsel. When executed and notarized, the quitclaim deed legally overrides the current deed to. Keep in mind that you may lose property tax exemptions or be charged gift taxes for adding someone to your title. Phone Number: 989-348-2841 She has an extended family of pets, including special needs animals. Bessemer, MI 49911 One of the most common incorrect assumptions in real estate is that someone can be added to a deed. Email: ROD@ioscocounty.org wikiHow marks an article as reader-approved once it receives enough positive feedback. Mio, MI 48647 Fax Number: 616-994-4521 https://www.isabellacounty.org/departments/register-of-deeds/, Jackson County Register of Deeds
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