how to add someone to a deed in michigan

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. In order to accomplish this, you can't just pen in the name on your 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. https://www.otsegocountymi.gov/259/Register-of-Deeds, Ottawa County Register of Deeds The web Browser you are currently using is unsupported, and some features of this site may not work as intended. http://www.livgov.com/rod/Pages/default.aspx, Luce County Register of Deeds Phone Number: 989-348-2841 "I did not know that my spouse's financial history would have an impact on certain benefits to which I am entitled. 698 When you add a person to your deed, you're essentially giving them a gift of a percentage of your property. Phone Number: 231-723-2146 County Government Building Harrison, MI 48625 In some cases, you may be able to order the deed online. Personal Property 313-224-5860 Returning to the $100,000, suppose you create a TOD deed for your spouse. The best advice is to consult an attorney who specializes in these issues regarding the specifics of your situation. Hart, MI 49420 One thing to be careful of in this situation is title insurance coverage. Strike a line through any verbiage on the deed that does not apply to your circumstances. P.O. wikiHow is where trusted research and expert knowledge come together. Alpena, MI 49707 Marshall, MI 49068 Roberts and Roberts, L.L.P. Articles Real Estate Deeds Made Easy Since 1997. This article was written by Jennifer Mueller, JD. 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. Box 438 437 E. Division Phone Number: 989-846-9201 Kalkaska, MI 49646 Phone Number: 810-648-2313 The property transfer occurs automatically at the prior owner's death, avoiding probate. Fax Number: 989-790-5278 Box 303 Email: [email protected] Bring a government-issued photo ID with you when you get your signature notarized. 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. Sacramento County Public Law Library. Saginaw, MI 48602 Fax Number: 989-953-7219 Fax Number: 989-832-6842 Phone Number: 989-275-5931 https://www.saginawcounty.com/departments/register-of-deeds/, Sanilac County Register of Deeds It doesn't matter whether money was exchanged or not. E-mail:[email protected] https://www.newaygocountymi.gov/departments/register-of-deeds/home/, Oakland County Register of Deeds 7064 Crowner Drive A Michigan deed is a legal document used to convey property from an owner to a purchaser in Michigan. Thanks to all authors for creating a page that has been read 206,090 times. Both people would acquire their interest in the property at the same time in the chain of title. 422 W. Lake Street Fax Number: 906-863-8839 Fax Number: 231-627-8453 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. Fax Number: 231-882-0167 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. P.O. Complete, review and sign the quitclaim or warranty form. Fax Number: 616-632-7615 Box 538 http://www.shiawassee.net/ROD/, St. Clair County Register of Deeds P.O. 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. https://countyfusion3.kofiletech.us/countyweb/login.do?countyname=Eaton, Emmet County Register of Deeds http://www.co.grand-traverse.mi.us/587/Register-of-Deeds-Office, Gratiot County Register of Deeds The deed must list the name and business address of the person that prepared the deed. References 120 W. Michigan Avenue P.O. This article has been viewed 206,090 times. Otherwise, there is a presumption that the ownership interest will be equal. Cassopolis, MI 49031 Houghton, MI 49931 Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. 1087 Newell St. Instead, you'll create a new deed with a group of owners, perhaps you, your spouse, and your child. 407 West Harrie St. http://lakecounty-michigan.com/Courthouse/RegisterofDeeds.aspx, Lapeer County Register of Deeds P.O. Newberry, MI 49868 Fax Number 989-539-6616 Fax Number:269-945-1298 For example, if you are adding a spouse to your house title, the deed transfer will be exempt from reassessment in many states. Phone Number: 989-269-9941 515 Center Avenue Suite 102 Phone Number: 989-539-7131 Phone Number: 989-826-1116 Then, you will have to file a quitclaim deed and then refile another deed to add the new person to the house deed. 60 W. Sanilac Uniform Commercial Code Section Fax Number: 906-643-1178 P.O. 720 W. Chisholm Street Make sure you select the one that best suits your needs. 250 E. Huron Avenue, Room 203 Tenants by the Entirety. unlocking this expert answer. Last Updated: February 22, 2023 Review your mortgage documents or contact your lender before initiating the process to change your deed. I want to sell it, but have back taxes. How you add the person to your title affects whether the surviving owner must go through probate. Fax Number: 231-398-3544 Phone Number: 269-983-7111 ext. 401 W. Cedar Ave. Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. 415 Third Street 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. 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. 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. Phone Number: 517-546-0270 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. In the cases of tenancy by entirety and joint tenancy, a deed transfer must take place. One of the most common incorrect assumptions in real estate is that someone can be added to a deed. https://www.co.jackson.mi.us/269/Register-of-Deeds, Kalamazoo County Register of Deeds These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date. 113 Chestnut Street Enjoy! Phone Number: 517-437-2231 Phone Number: 906-293-5521 200 E Grand River P.O. She received her JD from Indiana University Maurer School of Law in 2006. Kalamazoo, MI 49007 Petoskey, MI 49770 To create a tenancy in common, you would use "and" or "or" between the names of the property owners on the deed. If you are adding a spouse or a child to your house title, the transfer typically will be excluded from reassessment. Phone Number: 231-839-4967 Ext 203 Suite 400 P.O. You'll become joint tenants with rights of survivorship. MI Earned Income Tax Credit, Retirement Tax, and Inflation Relief Initiatives About the Author. You should contact your attorney to obtain advice with respect to any particular issue or problem. https://www.deeds.com/recorder/michigan/alger/, Allegan County Register of Deeds Phone Number: 231-547-7204 http://www.houghtoncounty.net/directory-register-of-deeds.php, Huron County Register of Deeds https://www.allegancounty.org/departments/register-of-deeds, Alpena County Register of Deeds You also may have to pay any property taxes that have been reassessed as a result of the change in ownership. 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 FindLaw: What's the Difference Between Joint Tenants with Survivorship and Tenants in Common? 301 W. Upton Email: [email protected] Phone Number: 989-354-9547 Civil Rights, Inclusion & Opportunity Department. Phone Number: 616-994-4510 Jackson, MI 49201 Thank you. http://www.kalkaskacounty.net/government/register_of_deeds/index.php, Kent County Register of Deeds https://www.clareclerkrod.com/register_of_deeds/index.php, Clinton County Register of Deeds Be prepared for them to say no, howeverin fact, this will be their answer in most cases. Box 296 https://www.co.hillsdale.mi.us/index.php/tm-gov/tsm-gov-deeds, Houghton County Register of Deeds . Fax Number: 269-781-0720 Box 35 Phone Number: 989-345-0728 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. However, this action can have a financially devastating outcome if you don't prepare in advance. Grand Rapids, MI 49503 That applies only to married couples. 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. P.O. 200 W. Michigan In the cases of tenancy by entirety and joint tenancy, a deed transfer must take place. Fax Number: 989-354-9646 Box 368 You can ask at the county recorders office when you pick up the form, although usually you can tell by whether the deed includes blanks for both of you to sign. Phone Number: 906-337-2229 Your state law may have other specific languages to use. Real Property 313-224-5854 Ste. Another common question is, can you add someone to a deed if there is a mortgage? P.O. wikiHow is where trusted research and expert knowledge come together. You sign the deed as grantor, have it notarized and file it with the county's registry of deeds. In some areas, your spouse also must sign the deed. Port Huron, MI 48060 Email: [email protected] The most common scenario where you might want to add someone to your deed is if you own a home and you get married. Phone Number: 248-858-0581 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. 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. If you have a tenancy by entirety, then it converts to tenancy in common. This is also where you specify how the two of you will own the property. P.O. Ludington, MI 49431 https://www.co.huron.mi.us/register-of-deeds, Ingham County Register of Deeds http://www.charlevoixcounty.org/register_of_deeds/index.php, Cheboygan County Register of Deeds When executed and notarized, the quitclaim deed legally overrides the current deed to. Fax Number: 906-635-6855 How to transfer property titles in Michigan becomes complicated in these cases because each owner only owns a portion of the property. P.O. Michigan.gov: Transfer of Ownership Guidelines PREPARED BY THE MICHIGAN STATE TAX COMMISSION. You will have to file a transfer of the deed to gain ownership of the property during the divorce. Email: [email protected] Phone Number: 906-774-0955 Some common exemptions include homestead exemptions or exemptions for people over the age of 65. Building 12 East 341 S. Jefferson Room 201 Detroit, MI 48226 % of people told us that this article helped them. Fax Number: 231-689-7271 Fax Number: 231-779-5352 Pleasant, MI 48858 Email: [email protected] wikiHow marks an article as reader-approved once it receives enough positive feedback. 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. Fax Number: 989-345-6221 http://www.waynecounty.com/deeds/index.htm, Wexford County Register of Deeds 401 E. Houghton Ave. [1] : 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. Box 789 Baldwin, MI 49304 If you choose this type of ownership, then one cannot sell or dispose of the property without the consent of the other. Sandusky, MI 48471 By signing up you are agreeing to receive emails according to our privacy policy. 200 N. Moore Street Both her name and my son's name are on the deed. Box 168 All searches are done either in person by coming to the Register of Deeds, by mail ($5.00 search fee per name/address) or by going online. 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. When you die 50 years later, your spouse acquires a house with a fair market value of $900,000. Midland, MI 48640 234 W. Baraga Avenue Phone Number: 906-524-6100, ext. West Branch, MI 48661 Lenawee County Courthouse Suttons Bay, MI 49682-9718 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. 1101 Beach Street, Room 138 Cheboygan, MI 49721 Finally, neatly fill out your new deed, sign in the presence of a notary, and file the new deed at the county recorders office. Adding someone to your deed means that you have transferred part of your property ownership or the whole property for that matter. The easiest and most common way to do this is with a quitclaim deed and the refiling of a new deed with joint ownership. 173 East Apple Avenue Fax Number: 313-224-5884 Fax Number: 269-982-8659 Phone Number: 231-724-6271 The chain of title in real estate has been established so that an interest in real estate cannot be valued by the amount of time an owner has been in possession of the real estate. She received her JD from Indiana University Maurer School of Law in 2006. Phone Number: 517-543-4203 Home. West Olive, MI 49460 Box 399 319 Court Street Tenancy by the entirety is only available for married couples and is not recognized in some states. If you add your spouse to your deed, he will have to use your basis if he later sells the property. Fax Number: 989-269-8786 You're not guaranteeing you have any interest at all, or that you have particular ownership or possession rights. Research source. 111 S. Michigan Avenue These exemptions vary among states. This means if the property was sold, you would get 80 percent of the money from the sale and your sister would get the remaining 20 percent. You can't have it both ways, however. We do not have any blank deed forms available in our office. Paw Paw, Michigan 49079 Phone Number: 269-673-0390 151 E. Huron Street Leave the notary section blank. 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.". Information deemed reliable but not guaranteed, you should always confirm this information with the proper agency prior to acting. Court House In Michigan, a person must live more than 120 hours after their co-owner dies for the survivorship rights to take effect. "Adding someone to a deed" means transferring ownership to that person. Email: [email protected] Phone Number: 231-873-4158 Fax Number: 906-293-5553 IRS. 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.". If you transfer your interest in the property, or a share of it, to someone else without the lender's permission, it may exercise the loan's due-on-sale clause. Tax Foundation. Get a copy of the title deed from your county clerk's office. Note that banks are often trustees. 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. 12220 Fillmore St., Room 146 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. Did you know you can get premium answers for this article? Phone Number: 231-592-0148 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. Thanks to all authors for creating a page that has been read 636,176 times. Phone Number: 517-279-4320 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. https://rod-eweb.clinton-county.org/recorder/web/, Crawford County Register of Deeds ", a right of survivorship. The notary will need to verify your identity. Box 367 http://www.masoncounty.net/departments/register-of-deeds/, Mecosta County Register of Deeds 300 Walnut Street, Room 164 Fax Number: 810-985-4795 Include your email address to get a message when this question is answered. "Frequently Asked Questions on Gift Taxes." Phone Number: 989-672-3840 how to add someone to a deed in michigan . Phone Number: 989-224-5270 Phone Number: Some states require extra steps, such . When he sells it five years later for $1 million, he only owes capital gains taxes on $100,000. Accessed April 10, 2020. Otherwise, married couples usually claim property as tenants by the entirety. IRS. He focuses mostly on finance writing and has a passion for real estate, credit card deals, and investing. 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. Box 110 Owners with separate interests won't have a right to survivorship of the other owner's interest. 725 Greenland Road Email: [email protected] Big Rapids, MI 49307 Centreville, MI 49032 It can also affect inheritance rights of heirs and devisees. https://alpenacounty.org/register-of-deeds/, Antrim County Register of Deeds Approved. Fax Number: 989-275-8640 https://www.co.muskegon.mi.us/848/Register-of-Deeds, Newaygo County Register of Deeds This is wonderful!". American Academy of Estate Planning Attorneys. "I live in a home purchased 10 years ago by my now-deceased mom. Box 377 Jennifer Mueller is an in-house legal expert at wikiHow. MCL 565.221. Your county recorders office will have a list of ways to claim property. When executed and notarized, the quitclaim deed legally overrides the current deed to your home. Harrisville, MI 48740 100 N. State Street Please contact an attorney for any legal questions you may have.

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