how to add someone to a deed in michigan

https://www.missaukee.org/departments/clerk___register_of_deeds/index.php, Monroe County Register of Deeds When we bought a home, I was still not divorced. To make changes to your property's deed, you must execute a new document rather than simply adding a name to your existing deed. P.O. Phone Number: 989-426-7551 Phone Number: 231-258-3315 His capital gain would be $900,000. P.O. Mason, MI 48854 Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. We do not have any blank deed forms available in our office. West Olive, MI 49460 The separate interest refers to the monetary interest in the property. X In order to accomplish this, you can't just pen in the name on your deed. Generally, anyone who dies during the first 120 hours after . Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. Each type of ownership carries unique characteristics, and factors such as financial ability, family relations and marital . There are 8 references cited in this article, which can be found at the bottom of the page. To someone who will own the property with the current owners (adding someone to the deed); From someone who no longer wishes to hold title (removing someone from the deed); or In other circumstances where the current owner does not want to be legally responsible for problems with title. Fill out the form and sign it before a notary to make the transfer legal. The best advice is to consult an attorney who specializes in these issues regarding the specifics of your situation. Courthouse 100 W. Main Street Email: rdeeds@gogebic.org Adding someone to your deed means that you have transferred part of your property ownership or the whole property for that matter. You'll need to transfer an interest by writing up another deed with the person's name on it. https://www.ocmi.us/register-of-deeds/, Ontonagon County Register of Deeds Please contact our friendly staff at your convenience. When executed and notarized, the quitclaim deed legally overrides the current deed to. Phone Number: 517-546-0270 Even if the person you're adding doesn't give you money for ownership in your property, the lender still may view the transfer of ownership as a sale and can demand payment in full. Step 1: Download the MI quitclaim deed form. The short answer: No. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. 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. Information deemed reliable but not guaranteed, you should always confirm this information with the proper agency prior to acting. Fax number: 906-663-4660 White Cloud, MI 49349 This article helped point the way. Box 538 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. P.O. 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. County Government Building https://www.stjosephcountymi.org/government/register-of-deeds, Tuscola County Register of Deeds Some transfers are excluded from reassessment. Phone Number: 989-269-9941 Fax Number: 517-546-5966 If you do not specify the type of ownership, the ownership will be presumed to be tenancy in common. P.O. Otherwise, married couples usually claim property as tenants by the entirety. To continue the previous example, suppose you added your spouse to the deed for the house you bought for $100,000. Suite 105 Fax Number: 231-724-6842 If you live in a community property state, you can specify the home or land is community property with a right of survivorship. 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. is not an easy one. June 14, 2022. Charlotte, MI 48813 http://www.co.calhoun.mi.us/, Cass County Register of Deeds Centreville, MI 49032 Ste. 698 ", 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. Fax Number: 231-779-5352 Phone Number: 269-383-8970 Adding a family member to the deed as a joint owner for no consideration is considered a gift of 50% of the property's fair market value for tax purposes. Many of these reasons involve marriage, moving in together, divorce or estate issues. You're not guaranteeing you have any interest at all, or that you have particular ownership or possession rights. http://www.kalcounty.com/clerk/, Kalkaska County Register of Deeds Civil Rights, Inclusion & Opportunity Department. Michigan.gov: Transfer of Ownership Guidelines PREPARED BY THE MICHIGAN STATE TAX COMMISSION. https://www.clareclerkrod.com/register_of_deeds/index.php, Clinton County Register of Deeds http://www.iosco.net/departments/register-of-deeds/, Iron County Register of Deeds When you die 50 years later, your spouse acquires a house with a fair market value of $900,000. 125 W. Main St. Standish, MI 48658 Email: rod@berriencounty.org 287 W. Nepessing Street Suite 1 Roberts and Roberts, L.L.P. Choose separate interests if you want one owner to be able to sell their interest in the property without consulting the other owner. Box 35 One of the most common incorrect assumptions in real estate is that someone can be added to a deed. Phone Number: 989-731-7551 https://www.co.marquette.mi.us/departments/register_of_deeds/index.php, Mason County Register of Deeds Fax Number: 231-398-3544 Phone Number: 989-734-2676 Thanks to all authors for creating a page that has been read 206,090 times. P.O. A B C D E F G H I J K L M N O P Q R S T U V W X Y Z, Alcona County Register of Deeds 8562 The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. To avoid probate, you must choose an ownership relationship that includes a right of survivorship. If you have a tenancy by entirety, then it converts to tenancy in common. Phone Number: Email: clerk@schoolcraftcounty.us https://www.co.muskegon.mi.us/848/Register-of-Deeds, Newaygo County Register of Deeds http://www.countyoffice.org/mi-ontonagon-county-recorder-of-deeds/, Osceola County Register of Deeds You can buy one of these policies by paying a one-time fee, which typically is relatively low. We use cookies to make wikiHow great. Also, I did not know the deed has to be worded a certain way in order to avoid probate upon my death. P.O. Survivorship (outliving your co-owner) affects more than just the four types of jointly owned property. https://www.geneseecountymi.gov/departments/register_of_deeds/index.php, Gladwin County Register of Deeds Note: A deed is an instrument used to transfer ownership (title) to another person. Department of Public Works Fax Number: 231-237-0106 Phone Number: 989-826-1116 https://rod-eweb.clinton-county.org/recorder/web/, Crawford County Register of Deeds If your mortgage contains a due upon sale clause, talk to your lender about adding someone to your deed. The person selling the property is often called the "grantor" while the person buying the property is called the "grantee". Then, sign the completed form in the presence of a notary before submitting it to the recorders office! 720 W. Chisholm Street Box 355 Maybe you just got married and would like your new spouse listed as part owner of your home. unlocking this expert answer. They still used my income, but I'm not on the note. Possibly enlisting the help of an attorney, you will prepare the new deed that lists the joint owner and mentions ownership interest, and then take it to get recorded at the county recorder's office. Phone Number: 906-524-6100, ext. emily in paris savoir office. MI Earned Income Tax Credit, Retirement Tax, and Inflation Relief Initiatives Approved. This is wonderful!". Fax Number:231-839-3684 This article was written by Jennifer Mueller, JD. Suite 400 Fax Number: 989-790-5278 Box 800 Phone Number: 269-983-7111 ext. Last Updated: June 3, 2020 Box 377 Baldwin, MI 49304 % of people told us that this article helped them. Before you add someone to your house title, consider consulting an attorney to better understand the legal and financial repercussions of doing so. The types of transfers that are excluded vary among states. Fax Number: 313-224-5884 https://www.co.huron.mi.us/register-of-deeds, Ingham County Register of Deeds Phone Number: 989-317-4089 One thing that many people do not realize is that transfer of the deed is different from the transfer of the mortgage responsibility. Lansing, MI 48918-1900 Joint Tenants. 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. Petoskey, MI 49770 111 S. Michigan Avenue It can also affect inheritance rights of heirs and devisees. Hart, MI 49420 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. 301 State Street Go to the county recorders office and get a quitclaim form. About the Author. Phone Number: 906-635-6312 In this case, 86% of readers who voted found the article helpful, earning it our reader-approved status. Phone Number: 231-256-9682 The answer to the question, "How do you add a joint owner to a property?" "Estate Tax." http://www.masoncounty.net/departments/register-of-deeds/, Mecosta County Register of Deeds Therefore, if you want to have survivorship rights, make sure the deed includes language stating that the ownership is as joint tenants with rights of survivorship. County Courthouse Building Phone Number: 989-539-7131 Use a typewriter or computer printer when filling in the information on the deed to ensure it is legible. Take the deed to your county recorder's office to have it notarized and recorded. Phone Number: 989-831-7337 wikiHow marks an article as reader-approved once it receives enough positive feedback. 800 10th Street, Suite 200 Adding your spouses name to the deed will expose your property to any judgments against him. You can't have it both ways, however. Be aware that adding a person to your deed can cause you to lose property tax exemptions, based on how the deed is worded. Fax Number: 810-667-0293 Fax Number: 906-635-6855 Feel free to contact us with your questions, concerns or needs by email or by phone at 989-224-5270. Laws regarding deed transfer in Michigan also allow joint tenancy, which is joint ownership between multiple owners, such as a group of business partners. how to add someone to a deed in michigan. County Administration Building http://www.waynecounty.com/deeds/index.htm, Wexford County Register of Deeds 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. Owners with separate interests won't have a right to survivorship of the other owner's interest. 304 E. Ludington Ave. Public Works . http://www.mackinaccounty.net/departments/register-of-deeds/, Macomb County Register of Deeds Phone Number: 989-743-2216 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). Accessed April 10, 2020. Accessed April 10, 2020. Last Updated: February 22, 2023 Depending on your spouses financial status and earnings history, adding his name to your deed may make you ineligible for refinancing, a reverse mortgage, or certain government benefits such as Medicaid. Finally, neatly fill out your new deed, sign in the presence of a notary, and file the new deed at the county recorders office. 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. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin are community property states. You cannot simply add someone to the deed in most cases, and it will require a change in the form of the deed on the property. P.O. Get a copy of the title deed from your county clerk's office. Phone Number: 906-875-3321 Harrisville, MI 48740 Box 438 wikiHow marks an article as reader-approved once it receives enough positive feedback. Did you know you can get premium answers for this article? 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. P.O. Add language to the deed specifying what percent of the property you and the person you are adding owns, if necessary. Beulah, MI 49617 Phone Number: 517-279-4320 Houghton, MI 49931 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. P.O. If you want the property to automatically pass to the other owner with the death of one owner, choose a form of co-ownership that includes the "right to survivorship.". Phone Number: 269-657-8242 Check with a property law attorney if you want to create a joint tenancy and are unsure of the language to use. wikiHow is where trusted research and expert knowledge come together. If you look at your property tax statement, it should indicate whether you're receiving any property tax exemptions. 201 W. Kalamazoo Avenue She received her JD from Indiana University Maurer School of Law in 2006. Phone Number: 231-843-4466 You will have to file a quitclaim deed and then file a new deed with joint ownership. Box 296 The deed should include the grantor's marital status. . If a male grantor is married, Michigan law has historically required his wife to sign the deed to release her dower rights. For more detailed information on how to add someone to your house title, scroll down. https://www.washtenaw.org/262/Clerk-Register-of-Deeds, Wayne County Register of Deeds When you add a person to your deed, you're essentially giving them a gift of a percentage of your property. 7064 Crowner Drive Before you add your spouse to your deed, its important that both of you understand how it potentially affects your tax liability so you can make an informed decision and not be caught unaware later on. The American College of Trust and Estate Counsel. 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. Phone Number: 269-673-0390 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. 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. Alpena, MI 49707 "The Trade-Offs of Repealing Step-Up in Basis." https://www.emmetcounty.org/officials-departments/register-of-deeds/, Genesee County Register of Deeds http://www.cheboygancounty.net/county-clerkregister-of-deeds-11/, Chippewa County Register of Deeds Email: dsimmons@ogemawcountymi.gov There are different forms of deeds depending on the situation involved. https://www.gogebiccountymi.gov/government/county_offices/register_of_deeds.php, Grand Traverse County Register of Deeds Phone Number: 231-689-7246 Gladwin, MI 48624 12265 M-32 West Using a quit claim deed is often the simplest method of bringing on another owner. P.O. Phone Number: 586-469-7953 The most common scenario where you might want to add someone to your deed is if you own a home and you get married. There are companies that will offer to provide you a copy of your deed, but you're better off dealing with the recorder's office directly. In some areas, your spouse also must sign the deed. Phone Number: 906-643-7306 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. Fax Number: 231-882-0167 Eagle River, MI 49950 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. Saginaw, MI 48602 http://lakecounty-michigan.com/Courthouse/RegisterofDeeds.aspx, Lapeer County Register of Deeds 3. Email: rod@livgov.com Ithaca, MI 48847 705 S. Stephenson Ave. Phone Number: 906-789-5100 Many reasons might exist that would make you want to add someone to the deed to your house. Phone Number: 734-240-7390 Box 376 http://clerk.macombgov.org/Clerk-RegisterOfDeeds, Manistee County Register of Deeds Email: register@miottawa.org Fax Number: 906-875-0658 Fax Number: 231-873-9218 401 W. Cedar Ave. You want to transfer the property from yourself to your spouse and yourself, making the two of you joint owners. You may have to fill out a form to have the deed officially recorded, as well as pay a small fee. https://rod.chippewacountymi.gov/landweb.dll/$/, Clare County Register of Deeds Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/b\/ba\/1540420-1.jpg\/v4-460px-1540420-1.jpg","bigUrl":"\/images\/thumb\/b\/ba\/1540420-1.jpg\/aid1540420-v4-728px-1540420-1.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"