If you choose this type of ownership, then one cannot sell or dispose of the property without the consent of the other. Phone Number: 231-723-2146 To continue the previous example, suppose you added your spouse to the deed for the house you bought for $100,000. https://presqueislecounty.org/register-of-deeds/, Roscommon County Register of Deeds Phone Number: 989-790-5270 The notary will need to verify your identity. List of County Register of Deeds . ", 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. She has an extended family of pets, including special needs animals. If you do not specify the type of ownership, the ownership will be presumed to be tenancy in common. Suttons Bay, MI 49682-9718 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. Phone Number: 734-222-6700 Fax Number: 231-724-6842 Phone Number: 269-467-5552 Stanton, MI 48888 Fax Number: 989-344-3223 Using a quit claim deed is often the simplest method of bringing on another owner. You can't take it back When you add someone to the deed, all or a portion of your ownership is transferred to that person. Fax Number: 231-258-3345 Fax Number: 989-743-2459 Phone Number: 269-983-7111 ext. Take the deed to your county recorder's office to have it notarized and recorded. 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. https://www.deeds.com/recorder/michigan/alger/, Allegan County Register of Deeds Phone Number: 906-884-4255 IRS. 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. 120 North Main 200 W. Michigan The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. However, this action can have a financially devastating outcome if you don't prepare in advance. Strike a line through any verbiage on the deed that does not apply to your circumstances. 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. Monroe, MI 48161 725 Greenland Road Standish, MI 48658 https://countyfusion3.kofiletech.us/countyweb/login.do?countyname=Eaton, Emmet County Register of Deeds "The Trade-Offs of Repealing Step-Up in Basis." Email: regofdeeds@co.montcalm.mi.us Phone Number: 810-648-2313 Michigan Treasury Online Business Services, Homeowner's Principal Residence Exemption. You may have to fill out a form to have the deed officially recorded, as well as pay a small fee. 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. Check with a property law attorney if you want to create a joint tenancy and are unsure of the language to use. 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. In short, no one can be passively removed from a title. Marshall, MI 49068 One of the most common questions about deeds is: Can a person's name be on a deed without being on the mortgage? http://www.countyoffice.org/mi-ontonagon-county-recorder-of-deeds/, Osceola County Register of Deeds Survivorship (outliving your co-owner) affects more than just the four types of jointly owned property. Fax Number: 231-533-8317 Phone Number: 989-734-2676 Box 303 how to add someone to a deed in michigan. You should also purchase title insurance in case there is a lien or other claim on the land that the title search didn't bring up. 448 Court Place A deed and a mortgage are two separate things. Support wikiHow by P.O. 200 Grand River Avenue Lapeer, MI 48446 http://alconacountymi.com/?page_id=390, Alger County Register of Deeds The gift tax applies if you transfer ownership of property and receive nothing in return (or receive less than market value for the ownership interest you transferred). 437 E. Division http://www.co.grand-traverse.mi.us/587/Register-of-Deeds-Office, Gratiot County Register of Deeds 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. This is a valid reason to have an attorney review a deed before you sign it and have it recorded. These exemptions vary among states. The best advice is to consult an attorney who specializes in these issues regarding the specifics of your situation. Box 609 The most common scenario where you might want to add someone to your deed is if you own a home and you get married. Munising, MI 48962 Leave the notary section blank. Fax Number: 989-790-5278 Fax Number: 231-873-9218 http://keweenawcountyonline.org/department-clerk.php, Lake County Register of Deeds Were committed to providing the world with free how-to resources, and even $1 helps us in our mission. http://www.arenaccountygov.com/register_of_deeds/, Baraga County Register of Deeds Fax Number:517-264-4543 That means when you die, your spouse will absorb your ownership share of the property. Some transfers are excluded from reassessment. 211 W. Main St. Thank you. MSU Extension. Become familiar with your spouses financial history before you decide to add his name to your deed. Box 377 Bellaire, MI 49615 Phone Number: 231-922-4753 2 South 6th Street, Suite 11 https://www.mecostacounty.org/government/rod.php, Menominee County Register of Deeds 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. Accessed April 10, 2020. 806 W. Houghton Avenue, Room 104 If you live in a community property state, you can specify the home or land is community property with a right of survivorship. FindLaw: What's the Difference Between Joint Tenants with Survivorship and Tenants in Common? https://www.gogebiccountymi.gov/government/county_offices/register_of_deeds.php, Grand Traverse County Register of Deeds P.O. Fax Number: 989-426-6902 Fax Number: 269-445-4453 Phone Number: 586-469-7953 Mt. http://recording.crawfordco.org/recorder/web/, Delta County Register of Deeds These clauses typically state that if you ask your lender for permission to add someone to your house title, they won't unreasonably refuse. Tenancy by the entirety is only available for married couples and is not recognized in some states. Mio, MI 48647 There are 8 references cited in this article, which can be found at the bottom of the page. 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. Houghton, MI 49931 Also specify the type of ownership each party will have. Eagle River, MI 49950 113 Chestnut Street Consumers Credit Union. 300 Walnut Street, Room 164 % of people told us that this article helped them. Each type of ownership carries unique characteristics, and factors such as financial ability, family relations and marital . A Michigan deed is a legal document used to convey property from an owner to a purchaser in Michigan. Muskegon, MI 49442 Some states require extra steps, such . Phone Number: 231-779-9455 800 10th Street, Suite 200 Lansing, MI 48918-1900 Strike a line through any verbiage on the deed that does not apply to your circumstances. Mt. Phone Number: 989-826-1116 Take the new deed to the county recorder's office. Phone Number: 989-724-9450 When transferring equity to add a name to your property's title deeds, your conveyancing solicitor will: To transfer equity on a property or land, it will be necessary to: Obtain and review a copy of the property's title from HM Land Registry (HMLR) Prepare the transfer deed legal documents. If you simply add your child's name to your existing deed, they won't necessarily have rights of survivorship. 319 Court Street Maybe you just got married and would like your new spouse listed as part owner of your home. 1101 Beach Street, Room 138 Roscommon, MI 48653-7664 Quitclaim deeds in Michigan can give the grantee different types of rights. http://www.cheboygancounty.net/county-clerkregister-of-deeds-11/, Chippewa County Register of Deeds We use cookies to make wikiHow great. Phone Number: 231-724-6271 Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. https://www.isabellacounty.org/departments/register-of-deeds/, Jackson County Register of Deeds In some cases, you may be able to order the deed online. Email: dsimmons@ogemawcountymi.gov Phone Number: 616-632.7610 Issues of marriage and property ownership become complicated when a divorce is involved. Phone Number: 906-524-6100, ext. Please Note: The Register of Deeds Office does not prepare or change documents and cannot provide legal assistance. 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. It can also affect inheritance rights of heirs and devisees. You're not guaranteeing you have any interest at all, or that you have particular ownership or possession rights. Fax Number: 734-222-6528 https://wexfordcounty.org/?page_id=488, MI Earned Income Tax Credit, Retirement Tax, and Inflation Relief Initiatives, Collections/Audits/Appeals collapsed link, Notice IIT Return Treatment of Unemployment Compensation, https://dev.michigan.local/som/json?sc_device=json, About the Streamlined Sales and Use Tax Project, Sales, Use, and Withholding Tax Payment Options, Go to Notice IIT Return Treatment of Unemployment Compensation, Taxpayer Rights, Rules, and Responsibilities, Go to Property Tax Forfeiture and Foreclosure, https://www.deeds.com/recorder/michigan/alger/, https://www.allegancounty.org/departments/register-of-deeds, https://alpenacounty.org/register-of-deeds/, https://www.antrimcounty.org/departments___services_/register_of_deeds/index.php, http://www.arenaccountygov.com/register_of_deeds/, https://keweenawbay.org/government/departments/county-clerk-register-of-deeds/, http://www.barrycounty.org/departments_and_officials/officials/register_of_deeds/index.php, http://www.benzieco.net/government/county_register_of_deeds/index.php, https://www.berriencounty.org/296/Register-of-Deeds, https://www.countyofbranch.com/departments/register-of-deeds/, https://www.casscountymi.org/154/Clerk-Register-Office, http://www.charlevoixcounty.org/register_of_deeds/index.php, http://www.cheboygancounty.net/county-clerkregister-of-deeds-11/, https://rod.chippewacountymi.gov/landweb.dll/$/, https://www.clareclerkrod.com/register_of_deeds/index.php, https://rod-eweb.clinton-county.org/recorder/web/, http://recording.crawfordco.org/recorder/web/, https://deltacountymi.org/register-of-deeds/, https://www.dickinsoncountymi.gov/government/county_departments/register_of_deeds/index.php, https://countyfusion3.kofiletech.us/countyweb/login.do?countyname=Eaton, https://www.emmetcounty.org/officials-departments/register-of-deeds/, https://www.geneseecountymi.gov/departments/register_of_deeds/index.php, http://gladwincounty-mi.gov/departments/register-of-deeds/, https://www.gogebiccountymi.gov/government/county_offices/register_of_deeds.php, http://www.co.grand-traverse.mi.us/587/Register-of-Deeds-Office, https://www.gratiotmi.com/239/Register-of-Deeds, https://www.co.hillsdale.mi.us/index.php/tm-gov/tsm-gov-deeds, http://www.houghtoncounty.net/directory-register-of-deeds.php, https://www.co.huron.mi.us/register-of-deeds, http://rd.ingham.org/departments_and_officials/register_of_deeds/index.php, http://www.ioniacounty.org/register-of-deeds/, http://www.iosco.net/departments/register-of-deeds/, https://www.isabellacounty.org/departments/register-of-deeds/, https://www.co.jackson.mi.us/269/Register-of-Deeds, http://www.kalkaskacounty.net/government/register_of_deeds/index.php, https://www.accesskent.com/Departments/RegisterofDeeds/, http://keweenawcountyonline.org/department-clerk.php, http://lakecounty-michigan.com/Courthouse/RegisterofDeeds.aspx, http://lapeercountyweb.org/index.php/departments/register-of-deeds, https://www.leelanau.gov/registerofdeeds.asp, http://www.lenawee.mi.us/259/Register-of-Deeds, http://www.livgov.com/rod/Pages/default.aspx, https://www.lucecountymi.com/register-of-deeds, http://www.mackinaccounty.net/departments/register-of-deeds/, http://clerk.macombgov.org/Clerk-RegisterOfDeeds, https://www.manisteecountymi.gov/363/Register-of-Deeds, https://www.co.marquette.mi.us/departments/register_of_deeds/index.php, http://www.masoncounty.net/departments/register-of-deeds/, https://www.mecostacounty.org/government/rod.php, http://www.menomineecounty.com/departments/?department=4a30b23c515d, https://www.co.midland.mi.us/RegisterofDeeds.aspx, https://www.missaukee.org/departments/clerk___register_of_deeds/index.php, https://www.co.monroe.mi.us/549/Register-of-Deeds, https://montcalm.org/government/register_of_deeds/index.php, https://www.montcounty.org/register-of-deeds.html, https://www.co.muskegon.mi.us/848/Register-of-Deeds, https://www.newaygocountymi.gov/departments/register-of-deeds/home/, http://www.oakgov.com/clerkrod/Pages/default.aspx, https://oceana.mi.us/departments/register-of-deeds/, http://www.countyoffice.org/mi-ontonagon-county-recorder-of-deeds/, http://www.osceola-county.org/residents/county_departments/register_deeds/index.php, https://www.oscodacountymi.com/register-of-deeds/, https://www.otsegocountymi.gov/259/Register-of-Deeds, https://www.miottawa.org/Departments/CountyClerk/ROD/, https://presqueislecounty.org/register-of-deeds/, http://www.roscommoncounty.net/196/Register-of-Deeds, https://www.saginawcounty.com/departments/register-of-deeds/, http://www.sanilaccounty.net/PublicPages/Entity.aspx?ID=220, http://schoolcraftcounty.net/government/elected-officials/clerk-and-register-of-deeds, https://www.stclaircounty.org/offices/register_of_deeds/, https://www.stjosephcountymi.org/government/register-of-deeds, https://www.vanburencountymi.gov/499/Register-of-Deeds, https://www.washtenaw.org/262/Clerk-Register-of-Deeds, http://www.waynecounty.com/deeds/index.htm. Box 110 https://ironmi.com/register-of-deeds, Isabella County Register of Deeds To avoid probate, you must choose an ownership relationship that includes a right of survivorship. When you add a person to your deed, you're essentially giving them a gift of a percentage of your property. https://montcalm.org/government/register_of_deeds/index.php, Montmorency County Register of Deeds 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. http://www.sanilaccounty.net/PublicPages/Entity.aspx?ID=220, Schoolcraft County Register of Deeds By signing up you are agreeing to receive emails according to our privacy policy. Kalamazoo, MI 49007 There's no harm in asking your bank or mortgage company if you can simply add a person to your mortgage. https://www.miottawa.org/Departments/CountyClerk/ROD/, Presque Isle County Register of Deeds Mason, MI 48854 In this case, 86% of readers who voted found the article helpful, earning it our reader-approved status. Phone Number: 517-788-4350 Your state law may have other specific languages to use. International Center 100 Marley Street Home. Nor can a co-owner simply take away another party's interest in a property by executing a new deed without that other party. Fax Number: 989 - 984-1101 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. When he sells it five years later for $1 million, he only owes capital gains taxes on $100,000. Fax Number: 231-348-1773 P.O. https://www.accesskent.com/Departments/RegisterofDeeds/, Keweenaw County Register of Deeds Email: jdegraaf@kalkaskacounty.org Bessemer, MI 49911 Fax Number: 906-635-6855 These companies will charge significantly more money than you would pay if you got a copy directly from the recorder's office. This article was written by Jennifer Mueller, JD. As a small thank you, wed like to offer you a $30 gift card (valid at GoNift.com). Email: clerk@cheboygancounty.net 101 Court Street 106 5thP.O. This is also where you specify how the two of you will own the property. 100 E. State Street, Suite 2500 You die 50 years later, and your spouse decides to sell the house five years after that for $1 million. https://oceana.mi.us/departments/register-of-deeds/, Ogemaw County Register of Deeds Fax Number: 906-875-0658 https://www.clareclerkrod.com/register_of_deeds/index.php, Clinton County Register of Deeds Fax Number: 810-985-4795 https://www.stjosephcountymi.org/government/register-of-deeds, Tuscola County Register of Deeds Fax Number: 989-826-1156 Email: registerofdeeds@isabellacounty.org Jennifer Mueller is an in-house legal expert at wikiHow. This article taught me things I did not know. Make sure you select the one that best suits your needs. Email: jwinton@oscodacountymi.com Civil Rights, Inclusion & Opportunity Department. Fax Number: 269-982-8659 Government Center The lawyers of Roberts & Roberts are Killeen attorneys providing legal services in the fields of real estate, probate, estate planning, and business law. You can't have it both ways, however. Fax Number:269-945-1298 Then, sign the completed form in the presence of a notary before submitting it to the recorders office! A Quitclaim Deed is similar to a Grant Deed in that it immediately transfers all of your interest, ownership and right in the property. 400 Elm Street There are four common ways to hold title to real estate in Michigan: Tenants in Common. Many reasons might exist that would make you want to add someone to the deed to your house. P.O. The notary will charge a small fee to witness your signature and notarize your deed, typically less than $10. 8562 250 E. Huron Avenue, Room 203 https://www.manisteecountymi.gov/363/Register-of-Deeds, Marquette County Register of Deeds https://www.allegancounty.org/departments/register-of-deeds, Alpena County Register of Deeds My spouse died, how do I remove my spouse's name from my deed? . Phone Number: 989-875-5217 Unlike some other types of property, you can't just add their name to the existing deed. The answer to the question, "How do you add a joint owner to a property?" 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. Generally, anyone who dies during the first 120 hours after . 7064 Crowner Drive Suite 400 Get a copy of the title deed from your county clerk's office. Holding Title: Tenants vs. "Tenants". For example, Sacramento County charges a one-time tax of 1.1% of the value of the property when you file a new deed. If wikiHow has helped you, please consider a small contribution to support us in helping more readers like you. Fax Number: 989-275-8640 Suite 301 You can add someone to the deed if there is a mortgage, but it will not change who is responsible for the mortgage. Reed City, MI 49677 415 Third Street 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. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Phone Number: 231-839-4967 Ext 203 Coldwater, MI 49036 Phone Number: 231-258-3315 Box 111 When you die 50 years later, your spouse acquires a house with a fair market value of $900,000. Fax Number: 313-224-5884 how to add someone to a deed in michigan . Box 355 Michigan Works - Saint Clair. 214 E. Center St To make changes to your property's deed, you must execute a new document rather than simply adding a name to your existing deed. Both her name and my son's name are on the deed. If you alter the deed so that you and your spouse both own the property, instead of just you, it changes the situation in the eyes of banks, lenders, and the government. were I to add him to my deed. 407 West Harrie St. Port Huron, MI 48060 Fax Number: 989-832-6842 Ludington, MI 49431 County Building When executed and notarized, the quitclaim deed legally overrides the current deed to. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. http://clerk.macombgov.org/Clerk-RegisterOfDeeds, Manistee County Register of Deeds Centreville, MI 49032 Phone Number: 989-426-7551 http://www.masoncounty.net/departments/register-of-deeds/, Mecosta County Register of Deeds 401 W. Cedar Ave. 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. In the cases of tenancy by entirety and joint tenancy, a deed transfer must take place. Phone Number: 906-225-8415 Email: register@masoncounty.net 219 Paw Paw Street, Suite 102 Allegan, MI 49010 In Michigan, a person must live more than 120 hours after their co-owner dies for the survivorship rights to take effect. Phone Number: 248-858-0581 You will have to file a transfer of the deed to gain ownership of the property during the divorce. https://www.gratiotmi.com/239/Register-of-Deeds, Hillsdale County Register of Deeds "Avoiding Probate With a Transfer-on-Death Deed." Fax Number: 616-994-4521 https://www.co.midland.mi.us/RegisterofDeeds.aspx, Missaukee County Register of Deeds You want to transfer the property from yourself to your spouse and yourself, making the two of you joint owners. Fax Number: 734-240-7395 https://www.co.marquette.mi.us/departments/register_of_deeds/index.php, Mason County Register of Deeds To add a spouse to a deed, start by reading over your mortgage carefully with your spouse. Depending on how you claim the property, you may also need a spousal affidavit. 8527 E. Government Center Drive Jackson, MI 49201 Choose separate interests if you want one owner to be able to sell their interest in the property without consulting the other owner. St. Johns, MI 48879-1580 Phone Number: 906-341-3618 Bring a government-issued photo ID with you when you get your signature notarized. Phone Number: 810-989-6930 To learn more about tax liability associated with adding your spouse to a deed, read on! Ideally, you won't just "add" your child's name to your existing deed. Fax Number: 906-643-1178 Fax Number: 989-345-6221 Phone Number: 269-383-8970 Articles Real Estate Deeds Made Easy Since 1997. To create a tenancy in common, you would use "and" or "or" between the names of the property owners on the deed. 12220 Fillmore St., Room 146 MCL 565.221. 200 Division Street, Suite 150 For more detailed information on how to add someone to your house title, scroll down. Phone Number: 810-667-0211 P.O. We use cookies to make wikiHow great. https://www.saginawcounty.com/departments/register-of-deeds/, Sanilac County Register of Deeds Fax Number: 906-225-8420 When you use a quitclaim deed, you're only transferring any ownership interest you have. If your mortgage contains a due upon sale clause, talk to your lender about adding someone to your deed. If you have a tenancy by entirety, then it converts to tenancy in common. 200 N. Moore Street This article has been viewed 636,176 times. Or, it could be that you want the ownership of your property to go to your child in the event of your death. There are different forms of deeds depending on the situation involved. Hart, MI 49420 You, as the "grantor" -- the property owner -- make out a deed conveying title to two "grantees," yourself and your partner. Clemens, MI 48043 County Government Building There are two ways to get a deed. By using our site, you agree to our. Especially with large lenders, it isn't uncommon to get a bill for the balance of the mortgage when the transfer is complete. Grayling, MI 49738 Email: rod@berriencounty.org Adam Luehrs is a writer during the day and a voracious reader at night. 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. Unmarried people can own real estate together in one of two ways: joint tenants with rights of survivorship, or tenants in common. The transfer of ownership can occur during life (with a regular quitclaim deed, for example) or at death (using a lady bird deed, transfer-on-death-deed, or life estate deed).And, in the case of transfer-on-death or lady bird deeds, the . Thanks to all authors for creating a page that has been read 206,090 times. Email: ROD@ioscocounty.org Harrison, MI 48625 http://www.iosco.net/departments/register-of-deeds/, Iron County Register of Deeds This might end up activating the due-on-sale clause if it is part of your mortgage clauses. Next, obtain a quitclaim form from the county recorders office where the property is located. Box 5 Phone Number: 734-240-7390 Property ownership, transfer laws and deed practices differ depending on the state in which you live. wikiHow is where trusted research and expert knowledge come together. Caro, MI 48723 1045 Independence Blvd. https://www.geneseecountymi.gov/departments/register_of_deeds/index.php, Gladwin County Register of Deeds
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