Misconceptions and Realities It is a misconception that someone can be "removed" from the deed. Grand Rapids, MI 49503 We do not have any blank deed forms available in our office. She received her JD from Indiana University Maurer School of Law in 2006. Unmarried people can own real estate together in one of two ways: joint tenants with rights of survivorship, or tenants in common. To learn more about tax liability associated with adding your spouse to a deed, read on! "The Trade-Offs of Repealing Step-Up in Basis." If you want to transfer title to a friend or your child, the same principle applies. 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. Fax Number: 269-445-4453 151 E. Huron Street Fax Number: 989-846-9166 For example, if you are adding a spouse to your house title, the deed transfer will be exempt from reassessment in many states. I want to sell it, but have back taxes. P.O. 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 https://www.emmetcounty.org/officials-departments/register-of-deeds/, Genesee County Register of Deeds There are two ways to get a deed. A Michigan deed is a legal document used to convey property from an owner to a purchaser in Michigan. http://www.ioniacounty.org/register-of-deeds/, Iosco County Register of Deeds Phone Number: 906-774-0955 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. Fax Number: 231-689-7271 Email: register@miottawa.org P.O. Phone Number: 989-731-7551 Fax: 877-443-9505 How do I add someone to my deed? Include your name and the name of the person you want to add to your house title. 301 W. Upton https://rod.chippewacountymi.gov/landweb.dll/$/, Clare County Register of Deeds Phone Number: 989-672-3840 If you're getting a copy from your local land registry office, search for your deed in their database or ask for assistance. https://alpenacounty.org/register-of-deeds/, Antrim County Register of Deeds 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. Building 12 East Email: registerofdeeds@emmetcounty.org Some transfers are excluded from reassessment. Phone Number: 269-945-1289 Harrisville, MI 48740 Once you've signed the deed, take it to the recorder's office where you got the copy of your old deed. 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. Box 168 Crystal Falls, MI 49920 Phone Number: 989-275-5931 However, this action can have a financially devastating outcome if you dont prepare in advance. . When executed and notarized, the quitclaim deed legally overrides the current deed to your home. Big Rapids, MI 49307 Thanks to all authors for creating a page that has been read 636,176 times. Howell, MI 48843 Accessed April 10, 2020. This might end up activating the due-on-sale clause if it is part of your mortgage clauses. The separate interest refers to the monetary interest in the property. 407 West Harrie St. Quitclaim deeds in Michigan can give the grantee different types of rights. Add language to the deed specifying what percent of the property you and the person you are adding owns, if necessary. % of people told us that this article helped them. 250 E. Huron Avenue, Room 203 Jennifer Mueller is an in-house legal expert at wikiHow. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date. were I to add him to my deed. Tenants by the Entirety. Step 1: Download the MI quitclaim deed form. Phone Number: 989-269-9941 Gladwin, MI 48624 https://www.ocmi.us/register-of-deeds/, Ontonagon County Register of Deeds Articles Real Estate Deeds Made Easy Since 1997. 125 W. Main St. 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. 120 North Main https://www.manisteecountymi.gov/363/Register-of-Deeds, Marquette County Register of Deeds By using our site, you agree to our. 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. 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. This might not be an option if one of the owners does not have good credit. Fax Number: 906-337-2253 Joint Tenants with Full Rights of Survivorship. In some cases, you may be able to order the deed online. Phone Number: 269-983-7111 ext. Fax Number: 734-240-7395 Phone Number: 231-723-2146 Fax Number: 231-882-0167 Hastings, MI, 49058 If you are adding a spouse or a child to your house title, the transfer typically will be excluded from reassessment. Courthouse 100 W. Main Street 214 E. Center St : 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:269-945-1298 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. By signing up you are agreeing to receive emails according to our privacy policy. "Estate Tax." P.O. There are exceptions, such as if the other person is not paying you any money to be added to the deed. Phone Number: 231-256-9682 Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. https://www.isabellacounty.org/departments/register-of-deeds/, Jackson County Register of Deeds 301 State Street Owners with separate interests won't have a right to survivorship of the other owner's interest. She received her JD from Indiana University Maurer School of Law in 2006. Atlanta, MI 49709 Box 111 Email: rod@shiawassee.net Ideally, you won't just "add" your child's name to your existing deed. https://www.antrimcounty.org/departments___services_/register_of_deeds/index.php, Arenac County Register of Deeds She began working in the fitness industry in 1987, and her experience includes editing and publishing a workout manual. https://www.clareclerkrod.com/register_of_deeds/index.php, Clinton County Register of Deeds If you simply add your child's name to your existing deed, they won't necessarily have rights of survivorship. Note: A deed is an instrument used to transfer ownership (title) to another person. Using a quit claim deed is often the simplest method of bringing on another owner. 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. Phone Number: 989-426-7551 P.O. If you need a Bell County attorney, we would welcome the opportunity to assist you. 800 10th Street, Suite 200 Approved. 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. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. 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. Munising, MI 48962 Baldwin, MI 49304 Phone Number: 989-317-4089 Traverse City, MI 49684 To continue the previous example, suppose you added your spouse to the deed for the house you bought for $100,000. Check with a property law attorney if you want to create a joint tenancy and are unsure of the language to use. 120 W. Michigan Avenue Fax Number: 906-875-0658 400 Elm Street P.O. Each type of ownership carries unique characteristics, and factors such as financial ability, family relations and marital . In this case, if one dies, the other automatically becomes the sole owner of the property. Marquette, MI 49855 Phone Number: 810-257-3060 Consumers Credit Union. 319 Court Street P.O. Phone Number: 517-676-7216 wikiHow is where trusted research and expert knowledge come together. Phone Number: 269-383-8970 Iron Mountain, MI 49801 The current owner would also be one of the grantees, the persons receiving the grantors rights to the property. P.O. This is a valid reason to have an attorney review a deed before you sign it and have it recorded. Phone Number: 269-657-8242 Paw Paw, Michigan 49079 In Michigan, a person must live more than 120 hours after their co-owner dies for the survivorship rights to take effect. Public Works . Detroit, MI 48226 341 S. Jefferson Room 201 Phone Number: 517-322-1144, Shiawassee County Register of Deeds Information deemed reliable but not guaranteed, you should always confirm this information with the proper agency prior to acting. To create a tenancy in common, you would use "and" or "or" between the names of the property owners on the deed. This most simple answer is yes. Email: rod@chippewacountymi.gov Pontiac, MI 48341-0480 Cassopolis, MI 49031 There's no harm in asking your bank or mortgage company if you can simply add a person to your mortgage. https://www.co.midland.mi.us/RegisterofDeeds.aspx, Missaukee County Register of Deeds [1] Tax Foundation. Fax Number:517-264-4543 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. 101 Court Street Planning & Economic Development. If you add your spouse to your deed, he will have to use your basis if he later sells the property. The American College of Trust and Estate Counsel. What form do I need in order to change my last name on the deed to my new married name? As long as you retain interest in the home, its still going to go through probate. Ithaca, MI 48847 https://www.saginawcounty.com/departments/register-of-deeds/, Sanilac County Register of Deeds Box 269 http://www.tuscolacounty.org/rod/, Van Buren County Register of Deeds You'll need to transfer an interest by writing up another deed with the person's name on it. For example, "Suzy Sunshine and Martin Moon" or "Suzy Sunshine or Martin Moon. FindLaw: What's the Difference Between Joint Tenants with Survivorship and Tenants in Common? 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. To add a spouse to a deed, start by reading over your mortgage carefully with your spouse. Box 399 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. P.O. 208 N. Shiawassee Street 106 5thP.O. My son has no interest in the property and has his own. https://www.missaukee.org/departments/clerk___register_of_deeds/index.php, Monroe County Register of Deeds Port Huron, MI 48060 Phone Number: 231-843-4466 Generally, anyone who dies during the first 120 hours after . This is a law that allows a husband and wife to hold a piece of property as if they were a single entity. Jensen attended Idaho and Boise State Universities. In order to accomplish this, you can't just pen in the name on your deed. Home. https://www.otsegocountymi.gov/259/Register-of-Deeds, Ottawa County Register of Deeds P.O. Email: goodreauw@baragacounty.org Michigan has a practice known as "tenancy by entireties." You can also find out by contacting the tax assessor's office in your county. Some common exemptions include homestead exemptions or exemptions for people over the age of 65. Depending on how you claim the property, you may also need a spousal affidavit. http://www.menomineecounty.com/departments/?department=4a30b23c515d, Midland County Register of Deeds Adding someone to your deed means that you have transferred part of your property ownership or the whole property for that matter. You can't have it both ways, however. IRS. Houghton, MI 49931 http://www.arenaccountygov.com/register_of_deeds/, Baraga County Register of Deeds The property transfer occurs automatically at the prior owner's death, avoiding probate. Box 885 Rogers City, MI 49779 Property tax exemptions mean that you pay lower property taxes, and sometimes no property tax at all. Keep in mind that you may lose property tax exemptions or be charged gift taxes for adding someone to your title. Monroe, MI 48161 http://www.cheboygancounty.net/county-clerkregister-of-deeds-11/, Chippewa County Register of Deeds Also specify the type of ownership each party will have. Unlike some other types of property, you can't just add their name to the existing deed. You should contact your attorney to obtain advice with respect to any particular issue or problem. Be prepared for them to say no, howeverin fact, this will be their answer in most cases. Phone Number: 231-689-7246 Phone Number: 231-547-7204 Fax Number: 989-790-5278 Or, it could be that you want the ownership of your property to go to your child in the event of your death. Also, I did not know the deed has to be worded a certain way in order to avoid probate upon my death. Box 376 Phone Number: 906-667-0381 Fax Number: 616-994-4521 111 South Canal Street P.O. For more detailed information on how to add someone to your house title, scroll down. You're not guaranteeing you have any interest at all, or that you have particular ownership or possession rights. Phone Number: 906-884-4255 Room 136 June 14, 2022. 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). There are different forms of deeds depending on the situation involved. Phone Number: 734-240-7390 You will have to file a quitclaim deed and then file a new deed with joint ownership. A trustee of a trust is the person or agent who is appointed to administer the trust. In the cases of tenancy by entirety and joint tenancy, a deed transfer must take place. American Academy of Estate Planning Attorneys. Another common question is, can you add someone to a deed if there is a mortgage? Use it to try out great new products and services nationwide without paying full pricewine, food delivery, clothing and more. 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 . "Joint Tenancy and Medicaid Eligibility." County Courthouse Building Petoskey, MI 49770 For example, Sacramento County charges a one-time tax of 1.1% of the value of the property when you file a new deed. Fax Number: 734-222-6528 https://www.casscountymi.org/154/Clerk-Register-Office, Charlevoix County Register of Deeds http://recording.crawfordco.org/recorder/web/, Delta County Register of Deeds Phone Number: 989-785-8079 Her work has appeared in various print and online publications. Phone Number: 517-543-4203 "Avoiding Probate With a Transfer-on-Death Deed." Approved. You may want to consult a real estate attorney to find out if adding your spouse to your deed will achieve the result you want. 111 S. Michigan Avenue Many of these reasons involve marriage, moving in together, divorce or estate issues. Manistee, MI 49660 P.O. Review your mortgage documents or contact your lender before initiating the process to change your deed. Fax Number: 810-768-7965 https://www.geneseecountymi.gov/departments/register_of_deeds/index.php, Gladwin County Register of Deeds https://www.co.jackson.mi.us/269/Register-of-Deeds, Kalamazoo County Register of Deeds https://presqueislecounty.org/register-of-deeds/, Roscommon County Register of Deeds Otherwise, there is a presumption that the ownership interest will be equal. Ste. If you add someone to the property deed and you are responsible for the mortgage, your lending institution might require you to refinance the loan in both names. Go to the county recorders office and get a quitclaim form. Fax Number: 906-293-5553 120 N. Grove Street Phone Number: 231-922-4753 Suite 212 Depending on your financial situation, this issue may cause you to reconsider making the addition. Phone Number: 989-895-4228 Box 538 My spouse died, how do I remove my spouse's name from my deed? Hillsdale MI 49242 Email: jdegraaf@kalkaskacounty.org Phone Number: 734-222-6700 wikiHow marks an article as reader-approved once it receives enough positive feedback. how to add someone to a deed in michigan. The lawyers of Roberts & Roberts are Killeen attorneys providing legal services in the fields of real estate, probate, estate planning, and business law. Email: dsimmons@ogemawcountymi.gov Accessed April 10, 2020. Suite 301 Some states have a specific deed-holding status: Tenants in the entirety. Court House Email: register@masoncounty.net Hart, MI 49420 Strike a line through any verbiage on the deed that does not apply to your circumstances. 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. Lake City, MI 49651 Phone Number: 906-863-2822 X Box 789 http://www.osceola-county.org/residents/county_departments/register_deeds/index.php, Oscoda County Register of Deeds Phone Number: 231-724-6271 International Center