FindLaw: What's the Difference Between Joint Tenants with Survivorship and Tenants in Common? Leave the notary section blank. Box 303 "Estate Tax." http://lakecounty-michigan.com/Courthouse/RegisterofDeeds.aspx, Lapeer County Register of Deeds Feel free to contact us with your questions, concerns or needs by email or by phone at 989-224-5270. Phone Number: 517-546-0270 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. 3. Fax Number: 906-635-6855 https://presqueislecounty.org/register-of-deeds/, Roscommon County Register of Deeds Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. P.O. Phone Number: 906-225-8415 Strike a line through any verbiage on the deed that does not apply to your circumstances. If you are adding a spouse or a child to your house title, the transfer typically will be excluded from reassessment. 839 10th Avenue Fax Number: 906-337-2253 https://www.ocmi.us/register-of-deeds/, Ontonagon County Register of Deeds 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. Email: rdeeds@gogebic.org Be prepared for them to say no, howeverin fact, this will be their answer in most cases. Atlanta, MI 49709 When you use a quitclaim deed, you're only transferring any ownership interest you have. List of County Register of Deeds . Cheboygan, MI 49721 Bad Axe, MI 48413 173 East Apple Avenue Bay City, MI 48708 Phone Number: 517-322-1144, Shiawassee County Register of Deeds 400 Monroe, 7th Floor There are four common ways to hold title to real estate in Michigan: Tenants in Common. To avoid probate, you must choose an ownership relationship that includes a right of survivorship. Phone Number: 906-884-4255 You can get a taxpayer name and address for free by calling the Macomb County Land File Office at 586-469-5313 or the local Assessor's Office in that City or Township. Leave the notary section blank. Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. Fax Number: 989-832-6842 P.O. Strike a line through any verbiage on the deed that does not apply to your circumstances. 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. In California, you can. Phone Number: 248-858-0581 Articles Real Estate Deeds Made Easy Since 1997. In short, no one can be passively removed from a title. Phone Number: 269-983-7111 ext. http://www.arenaccountygov.com/register_of_deeds/, Baraga County Register of Deeds Box 111 Fax Number: 810-648-5461 Box 718 Cadillac, MI 49601 Phone Number: 989-426-7551 Harrisville, MI 48740 P.O. You will have to file a quitclaim deed and then file a new deed with joint ownership. 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. Suite 400 Phone Number: 906-482-1311 You sign the deed as grantor, have it notarized and file it with the county's registry of deeds. As a small thank you, wed like to offer you a $30 gift card (valid at GoNift.com). County Administration Building wikiHow is where trusted research and expert knowledge come together. If you're getting a copy from your local land registry office, search for your deed in their database or ask for assistance. Cassopolis, MI 49031 Step 1: Download the MI quitclaim deed form. Mt. X Email: clerk@cheboygancounty.net Jackson, MI 49201 http://www.roscommoncounty.net/196/Register-of-Deeds, Saginaw County Register of Deeds What form do I need in order to change my last name on the deed to my new married name? To learn more about tax liability associated with adding your spouse to a deed, read on! A deed and a mortgage are two separate things. 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. Box 377 Add language to the deed specifying what percent of the property you and the person you are adding owns, if necessary. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. Marquette, MI 49855 not mine. IRS. Complete the deed, filling in your name as the current owner, and your name along with the additional person's name as the people to whom you're deeding your property. Fax Number: 989-345-6221 The separate interest refers to the monetary interest in the property. The deed must list the name and business address of the person that prepared the deed. Port Huron, MI 48060 400 Elm Street There are two ways to get a deed. Lake City, MI 49651 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. how to add someone to a deed in michigan. 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. https://www.stjosephcountymi.org/government/register-of-deeds, Tuscola County Register of Deeds She received her JD from Indiana University Maurer School of Law in 2006. Transferring ownership of a house also means your property will likely be reassessed for tax purposes. Become familiar with your spouses financial history before you decide to add his name to your deed. Phone Number: 269-445-4464 125 W. Main St. You can't have it both ways, however. If a male grantor is married, Michigan law has historically required his wife to sign the deed to release her dower rights. Suite 301 Your county recorders office will have a list of ways to claim property. International Center This can be an issue at tax time, as the Internal Revenue Service requires donors to pay gift taxes if they give away more than a certain amount in cash or property to one person during the year. 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). Phone Number: 810-667-0211 Getting married does not automatically transfer a property to become a tenancy by entirety. One of the most common incorrect assumptions in real estate is that someone can be added to a deed. 698 Phone Number: 906-789-5100 One thing to be careful of in this situation is title insurance coverage. Phone Number: 231-873-4158 Fax Number: 906-524-6432 Civil Rights, Inclusion & Opportunity Department. Some financial institutions give consent, allowing you to add another person to your property deed without requiring you pay off your loan. https://www.stclaircounty.org/offices/register_of_deeds/, St. Joseph County Register of Deeds Note: A deed is an instrument used to transfer ownership (title) to another person. 515 Center Avenue Suite 102 https://www.co.jackson.mi.us/269/Register-of-Deeds, Kalamazoo County Register of Deeds Box 35 The most common way to remove someone from a deed is through a deed of conveyance, such as a quitclaim or warranty deed. For example, Sacramento County charges a one-time tax of 1.1% of the value of the property when you file a new deed. Hastings, MI, 49058 2 South 6th Street, Suite 11 Tax Foundation. "Adding someone to a deed" means transferring ownership to that person. Phone Number: 906-341-3618 : 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. 304 E. Ludington Ave. Instead, you'll create a new deed with a group of owners, perhaps you, your spouse, and your child. 400 Boardman 1200 N. Telegraph P.O. 51 S Macomb St Here's a way to pass the interest in your home deed onwhile you're alive. Jensen attended Idaho and Boise State Universities. Include your email address to get a message when this question is answered. Review your mortgage documents or contact your lender before initiating the process to change your deed. 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. Take the new deed to the county recorder's office. Once youre sure you want to move forward, decide on what kind of co-ownership you want based on your situation. Howell, MI 48843 Michigan.gov: Transfer of Ownership Guidelines PREPARED BY THE MICHIGAN STATE TAX COMMISSION. Detroit, MI 48226 Phone Number: 517-788-4350 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. 205 E. 11th St. P.O. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date. 208 N. Shiawassee Street P.O. Fax Number: 989-734-0506 Phone Number: 517-279-4320 Fax Number: 989-895-4296 County Government Building Fax Number: 989-826-1156 MCL 565.221. Fax Number: 989-269-8786 Phone Number: 517-264-4538 407 West Harrie St. 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. You also may have to pay any property taxes that have been reassessed as a result of the change in ownership. How do we add my name to note? Email: rod@shiawassee.net Use it to try out great new products and services nationwide without paying full pricewine, food delivery, clothing and more. P.O. Grayling, MI 49738 Returning to the $100,000, suppose you create a TOD deed for your spouse. https://www.saginawcounty.com/departments/register-of-deeds/, Sanilac County Register of Deeds The types of transfers that are excluded vary among states. http://www.waynecounty.com/deeds/index.htm, Wexford County Register of Deeds https://www.otsegocountymi.gov/259/Register-of-Deeds, Ottawa County Register of Deeds 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. Phone Number: 231-832-6113 It can also affect inheritance rights of heirs and devisees. Phone Number: 231-843-4466 Email: jdegraaf@kalkaskacounty.org This article has been viewed 206,090 times. Both people would acquire their interest in the property at the same time in the chain of title. Fax Number: 989-275-8640 315 W. Green St. Suite M-3 St. Johns, MI 48879-1580 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. Mortgage and Deed to House 12265 M-32 West Did you know you can get premium answers for this article? Email: registerofdeeds@picounty.org IRS. One thing that many people do not realize is that transfer of the deed is different from the transfer of the mortgage responsibility. The most common scenario where you might want to add someone to your deed is if you own a home and you get married. The property transfer occurs automatically at the prior owner's death, avoiding probate. You can buy one of these policies by paying a one-time fee, which typically is relatively low. Email: jwinton@oscodacountymi.com Kalkaska, MI 49646 341 S. Jefferson Room 201 301 N. Main St. Unlike some other types of property, you can't just add their name to the existing deed. Consumers Credit Union. Especially with large lenders, it isn't uncommon to get a bill for the balance of the mortgage when the transfer is complete. You will have to file a quitclaim deed and then file a new deed with joint ownership. 200 Grand River Avenue 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. 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. P.O. For example, "Suzy Sunshine and Martin Moon" or "Suzy Sunshine or Martin Moon. The current owner would also be one of the grantees, the persons receiving the grantors rights to the property. 1101 Beach Street, Room 138 In Michigan, a person must live more than 120 hours after their co-owner dies for the survivorship rights to take effect. Fax Number: 989-846-9166 The American College of Trust and Estate Counsel. Each type of ownership carries unique characteristics, and factors such as financial ability, family relations and marital . http://www.houghtoncounty.net/directory-register-of-deeds.php, Huron County Register of Deeds The notary will charge a small fee to witness your signature and notarize your deed, typically less than $10. Also specify the type of ownership each party will have. My spouse died, how do I remove my spouse's name from my deed? Research source. 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. Fax Number: 989-344-3223 By signing up you are agreeing to receive emails according to our privacy policy. Phone Number: 616-994-4510 https://www.co.marquette.mi.us/departments/register_of_deeds/index.php, Mason County Register of Deeds 113 Chestnut Street 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. Bring a government-issued photo ID with you when you get your signature notarized. Phone Number: 906-524-6100, ext. 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. This is a valid reason to have an attorney review a deed before you sign it and have it recorded. You, as the "grantor" -- the property owner -- make out a deed conveying title to two "grantees," yourself and your partner. P.O. 120 N. Broadway https://www.vanburencountymi.gov/499/Register-of-Deeds, Washtenaw County Register of Deeds Michigan Treasury Online Business Services, Homeowner's Principal Residence Exemption. Phone Number: 989-269-9941 Transfer on Death Deed Forms All deed forms offered here: Are available for immediate download Are fill in the blank on your computer Include step by step guide explaining every blank on the form Include completed example of forms for reference Meet state statutory requirements for content Are formatted to meet county requirements for recording Fill in the recording information. Baldwin, MI 49304 ", 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. 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. https://www.antrimcounty.org/departments___services_/register_of_deeds/index.php, Arenac County Register of Deeds MSU Extension. is not an easy one. "Avoiding Probate With a Transfer-on-Death Deed." American Academy of Estate Planning Attorneys. Phone Number: 906-774-0955 P.O. Box 538 For more detailed information on how to add someone to your house title, scroll down. 100 Marley Street However, in practice, they may refuse regardless of who you're adding to your house title or why. Information deemed reliable but not guaranteed, you should always confirm this information with the proper agency prior to acting. Go back to your county recorders office to get the deed recorded so it becomes part of the official property record. Ste. You'll need to transfer an interest by writing up another deed with the person's name on it. Bellaire, MI 49615 422 W. Lake Street Phone Number: 517-676-7216 West Branch, MI 48661 Fax Number: 517-676-7287 Go to the county recorders office and get a quitclaim form. Houghton, MI 49931 Phone Number: 906-667-0381 220 W. Ellsworth Street To add a spouse to a deed, start by reading over your mortgage carefully with your spouse. Take the deed to your county recorder's office to have it notarized and recorded. Elle Di Jensen has been a writer and editor since 1990. Jennifer Mueller is an in-house legal expert at wikiHow. Ionia, MI 48846 Fax Number:231-839-3684 emily in paris savoir office. ", a right of survivorship. Marshall, MI 49068 If you live in a community property state, you can specify the home or land is community property with a right of survivorship. 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. St. Joseph, MI 49085 In this case, 86% of readers who voted found the article helpful, earning it our reader-approved status. Choose separate interests if you want one owner to be able to sell their interest in the property without consulting the other owner. His capital gain would be $900,000. As long as you retain interest in the home, its still going to go through probate. Phone Number: 231-627-8808 725 Greenland Road Phone Number: 989-875-5217 720 W. Chisholm Street "Frequently Asked Questions on Gift Taxes." When executed and notarized, the quitclaim deed legally overrides the current deed to your home. 100 N. State Street Maybe you just got married and would like your new spouse listed as part owner of your home. http://www.tuscolacounty.org/rod/, Van Buren County Register of Deeds Email: rod@livgov.com She began working in the fitness industry in 1987, and her experience includes editing and publishing a workout manual. 448 Court Place 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.". Lenawee County Courthouse Phone Number: 231-724-6271 http://www.lenawee.mi.us/259/Register-of-Deeds, Livingston County Register of Deeds Phone Number: 231-547-7204 Note that banks are often trustees. https://www.miottawa.org/Departments/CountyClerk/ROD/, Presque Isle County Register of Deeds Tawas City, MI 48764 Phone Number: 231-839-4967 Ext 203 http://www.benzieco.net/government/county_register_of_deeds/index.php, Berrien County Register of Deeds Charlevoix, MI 49720 Iron Mountain, MI 49801 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. https://keweenawbay.org/government/departments/county-clerk-register-of-deeds/, Barry County Register of Deeds The Register of Deeds Office records documents pertaining to real estate property such as deeds, mortgages, liens, lis pendens, state tax liens, federal tax liens, and several other documents related to real estate property located in Macomb County. http://www.charlevoixcounty.org/register_of_deeds/index.php, Cheboygan County Register of Deeds Box 70 The lawyers of Roberts & Roberts are Killeen attorneys providing legal services in the fields of real estate, probate, estate planning, and business law. This article was written by Jennifer Mueller, JD. 101 Court Street Uniform Commercial Code Section https://www.deeds.com/recorder/michigan/alger/, Allegan County Register of Deeds These companies will charge significantly more money than you would pay if you got a copy directly from the recorder's office. http://recording.crawfordco.org/recorder/web/, Delta County Register of Deeds http://rd.ingham.org/departments_and_officials/register_of_deeds/index.php, Ionia County Register of Deeds Thanks to all authors for creating a page that has been read 206,090 times. 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. Your state law may have other specific languages to use. Please Note: The Register of Deeds Office does not prepare or change documents and cannot provide legal assistance. Unless you know real estate and property records fairly well, it's usually safer to let the title company do it. https://www.mecostacounty.org/government/rod.php, Menominee County Register of Deeds MCL 565.8. P.O. 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. 1087 Newell St. Finally, neatly fill out your new deed, sign in the presence of a notary, and file the new deed at the county recorders office. Phone Number: 989-846-9201 Phone Number: 989-224-5270 To create a tenancy in common, you would use "and" or "or" between the names of the property owners on the deed. Email: register@masoncounty.net The new person acquiring an interest in the property would also be a grantee. Warranty deeds come with some type of . 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 . 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. https://ironmi.com/register-of-deeds, Isabella County Register of Deeds Using a quit claim deed is often the simplest method of bringing on another owner. how to add someone to a deed in michigan . Personal Property 313-224-5860 Clemens, MI 48043 Evaluating Financial and Legal Consequences, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/3\/3e\/Add-Someone-to-Your-House-Title-Step-1.jpg\/v4-460px-Add-Someone-to-Your-House-Title-Step-1.jpg","bigUrl":"\/images\/thumb\/3\/3e\/Add-Someone-to-Your-House-Title-Step-1.jpg\/aid9653557-v4-728px-Add-Someone-to-Your-House-Title-Step-1.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"