how to add someone to a deed in michigan

You can't have it both ways, however. https://www.geneseecountymi.gov/departments/register_of_deeds/index.php, Gladwin County Register of Deeds Phone Number: 906-875-3321 FAQs: Property Deeds in Muskegon - Bowen Law 8562 Fax Number: 517-676-7287 https://www.montcounty.org/register-of-deeds.html, Muskegon County Register of Deeds 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. https://montcalm.org/government/register_of_deeds/index.php, Montmorency County Register of Deeds Phone Number: 989-846-9201 In this case, 91% of readers who voted found the article helpful, earning it our reader-approved status. P.O. 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. Phone Number: 989-317-4089 Tenancy by the entirety is only available for married couples and is not recognized in some states. Box 355 Suite M-3 211 W. Main St. http://www.houghtoncounty.net/directory-register-of-deeds.php, Huron County Register of Deeds When executed and notarized, the quitclaim deed legally overrides the current deed to. List of County Register of Deeds . P.O. Fax Number: 616-632-7615 http://www.cheboygancounty.net/county-clerkregister-of-deeds-11/, Chippewa County Register of Deeds 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. http://www.roscommoncounty.net/196/Register-of-Deeds, Saginaw County Register of Deeds https://www.missaukee.org/departments/clerk___register_of_deeds/index.php, Monroe County Register of Deeds Phone Number: 906-341-3618 % of people told us that this article helped them. 120 North Main 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. : 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. 113 Chestnut Street Ithaca, MI 48847 References Then, you will have to file a quitclaim deed and then refile another deed to add the new person to the house deed. Be aware that adding a person to your deed can cause you to lose property tax exemptions, based on how the deed is worded. Phone Number: 231-348-1761 Crystal Falls, MI 49920 About the Author. Phone Number: 231-839-4967 Ext 203 Ludington, MI 49431 Take the new deed to the county recorder's office. Muskegon, MI 49442 ", a right of survivorship. I want to sell it, but have back taxes. How to transfer property titles in Michigan becomes complicated in these cases because each owner only owns a portion of the property. Phone Number: 517-264-4538 Phone Number: 231-724-6271 https://www.co.midland.mi.us/RegisterofDeeds.aspx, Missaukee County Register of Deeds To create a tenancy in common, you would use "and" or "or" between the names of the property owners on the deed. 287 W. Nepessing Street Suite 1 https://www.casscountymi.org/154/Clerk-Register-Office, Charlevoix County Register of Deeds 234 W. Baraga Avenue Pleasant, MI 48858 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. Email: register@masoncounty.net Phone Number: 248-858-0581 Petoskey, MI 49770 Newberry, MI 49868 Phone Number: 231-873-4158 P.O. Fax Number: 989-275-8640 310 Ludington Street, Suite 104 Fax Number: 313-224-5884 Fax Number: 989-269-8786 Tenants by the Entirety. Accessed April 10, 2020. http://www.shiawassee.net/ROD/, St. Clair County Register of Deeds 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. Fax Number: 906-875-0658 These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date. "The Trade-Offs of Repealing Step-Up in Basis." IRS. I can now proceed with an easier and, "I asked if I could do this, and I not only got an answer, but also step-by-step instructions. For more detailed information on how to add someone to your house title, scroll down. http://www.kalcounty.com/clerk/, Kalkaska County Register of Deeds She has an extended family of pets, including special needs animals. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. Your county recorders office will have a list of ways to claim property. wikiHow is where trusted research and expert knowledge come together. "Keeping Your House Out of Probate." Phone Number: 517-279-4320 You will have to file a quitclaim deed and then file a new deed with joint ownership. Phone Number: 231-832-6113 P.O. P.O. You'll need to transfer an interest by writing up another deed with the person's name on it. How to Add a Person to a Property Deed as a Joint Owner Consumers Credit Union. 300 Monroe Avenue, NW 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. One of the most common incorrect assumptions in real estate is that someone can be added to a deed. Were committed to providing the world with free how-to resources, and even $1 helps us in our mission. For example, "Suzy Sunshine and Martin Moon" or "Suzy Sunshine or Martin Moon. Grayling, MI 49738 P.O. In some areas, your spouse also must sign the deed. Phone Number: 231-627-8808 P.O. Phone Number: 989-269-9941 Box 195 For example, if he has a bad debt, his creditor can sue and force the sale of your property to pay it off. That applies only to married couples. wikiHow is where trusted research and expert knowledge come together. Ste. The separate interest refers to the monetary interest in the property. 500 Lake St. Fax Number: 231-627-8453 Michigan Deed Forms | Get a Deed to Michigan Real Estate - DeedClaim 100 Marley Street 2 S. Main St. Box 800 Secretary of State Many reasons might exist that would make you want to add someone to the deed to your house. MCL 565.201a. 839 10th Avenue How do we add my name to note? Box 388 Building 12 East 806 W. Houghton Avenue, Room 104 Courthouse 100 W. Main Street https://countyfusion3.kofiletech.us/countyweb/login.do?countyname=Eaton, Emmet County Register of Deeds By using our site, you agree to our. Email: rod@shiawassee.net http://gladwincounty-mi.gov/departments/register-of-deeds/, Gogebic County Register of Deeds Include your name and the name of the person you want to add to your house title. This article has been viewed 636,176 times. https://www.clareclerkrod.com/register_of_deeds/index.php, Clinton County Register of Deeds https://rod.chippewacountymi.gov/landweb.dll/$/, Clare County Register of Deeds P.O. https://www.deeds.com/recorder/michigan/alger/, Allegan County Register of Deeds Mio, MI 48647 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. This most simple answer is yes. Phone Number: 231-922-4753 Jennifer Mueller is an in-house legal expert at wikiHow. Phone Number: 906-482-1311 Elle Di Jensen has been a writer and editor since 1990. Email: deeds@co.muskegon.mi.us MCL 565.8. Wayne County Register of Deeds | City of Detroit https://www.lucecountymi.com/register-of-deeds, Mackinac County Register of Deeds In this case, if one dies, the other automatically becomes the sole owner of the property. This article helped point the way. Harrisville, MI 48740 wikiHow marks an article as reader-approved once it receives enough positive feedback. Fax Number: 231-398-3544 MI Earned Income Tax Credit, Retirement Tax, and Inflation Relief Initiatives https://www.allegancounty.org/departments/register-of-deeds, Alpena County Register of Deeds P.O. The American College of Trust and Estate Counsel. The current owner would also be one of the grantees, the persons receiving the grantors rights to the property. 415 Third Street Please Note: The Register of Deeds Office does not prepare or change documents and cannot provide legal assistance. Joint Tenants. Phone Number: 989-832-6820 There are different forms of deeds depending on the situation involved. The lawyers of Roberts & Roberts are Killeen attorneys providing legal services in the fields of real estate, probate, estate planning, and business law. Accessed April 10, 2020. Fax Number: 989-731-7519 Each type of ownership carries unique characteristics, and factors such as financial ability, family relations and marital . https://www.dickinsoncountymi.gov/government/county_departments/register_of_deeds/index.php, Eaton County Register of Deeds Clerk - ROD - FAQ | Macomb County Adrian, MI 49221 If wikiHow has helped you, please consider a small contribution to support us in helping more readers like you. Phone Number: 989-348-2841 FAQs | Register of Deeds - Wayne County, Michigan Email: register@miottawa.org P.O. In the cases of tenancy by entirety and joint tenancy, a deed transfer must take place. 3. One thing that many people do not realize is that transfer of the deed is different from the transfer of the mortgage responsibility. Box 885 P.O. Once youre sure you want to move forward, decide on what kind of co-ownership you want based on your situation. The best advice is to consult an attorney who specializes in these issues regarding the specifics of your situation. If you do not specify the type of ownership, the ownership will be presumed to be tenancy in common. Hillsdale MI 49242 Box 5 Box 303 Depending on your financial situation, this issue may cause you to reconsider making the addition. What or who is a trustee of a trust? Phone Number: 231-843-4466 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. You want to transfer the property from yourself to your spouse and yourself, making the two of you joint owners. Obtain the necessary consents from lenders and . The deed should include the grantor's marital status. 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. Phone Number: 269-983-7111 ext. Go to the county recorders office and get a quitclaim form. Lapeer, MI 48446 The easiest and most common way to do this is with a quitclaim deed and the refiling of a new deed with joint ownership. Once you've signed the deed, take it to the recorder's office where you got the copy of your old deed. 1087 Newell St. Accessed April 10, 2020. These companies will charge significantly more money than you would pay if you got a copy directly from the recorder's office. 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. https://www.vanburencountymi.gov/499/Register-of-Deeds, Washtenaw County Register of Deeds 437 E. Division You, as the "grantor" -- the property owner -- make out a deed conveying title to two "grantees," yourself and your partner. His capital gain would be $900,000. Jensen attended Idaho and Boise State Universities. Register of Deeds | Clinton County, MI Survivorship (outliving your co-owner) affects more than just the four types of jointly owned property. 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. Michigan Lady Bird Deed Form | Enhanced Life Estate Deed - DeedClaim You can do your title search yourself, or you can order one from the title company that issues your title insurance policy. 701 Main Street Suite 301 This article taught me things I did not know. The difference between tenancy by the entirety and joint tenancy with right of survivorship is that if one spouse has debts, that spouse's creditors can't go after the other spouse's interest in the property to cover those debts. http://lakecounty-michigan.com/Courthouse/RegisterofDeeds.aspx, Lapeer County Register of Deeds Mortgage and Deed to House 12265 M-32 West http://www.barrycounty.org/departments_and_officials/officials/register_of_deeds/index.php, Bay County Register of Deeds 315 W. Green St. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. Fax Number: 810-985-4795 Paw Paw, Michigan 49079 To make changes to your property's deed, you must execute a new document rather than simply adding a name to your existing deed. As long as you retain interest in the home, its still going to go through probate. If you choose this type of ownership, then one cannot sell or dispose of the property without the consent of the other. Phone Number: 269-673-0390 "Frequently Asked Questions on Gift Taxes." Email: rod@chippewacountymi.gov The answer to the question, "How do you add a joint owner to a property?" how to add someone to a deed in michigan - boomermna.com https://deltacountymi.org/register-of-deeds/, Dickinson County Register of Deeds 515 Center Avenue Suite 102 In California, you can. Phone Number: 810-989-6930 https://www.manisteecountymi.gov/363/Register-of-Deeds, Marquette County Register of Deeds "I did not know that my spouse's financial history would have an impact on certain benefits to which I am entitled. Manistique, MI 49854 Accessed April 10, 2020. Personal Property 313-224-5860 However, in practice, they may refuse regardless of who you're adding to your house title or why. 151 E. Huron Street http://www.masoncounty.net/departments/register-of-deeds/, Mecosta County Register of Deeds Phone Number: 989-275-5931 12220 Fillmore St., Room 146 Phone Number: 906-293-5521 Bad Axe, MI 48413 Did you know you can get premium answers for this article? One of the most common questions about deeds is: Can a person's name be on a deed without being on the mortgage? 200 N. Moore Street Ionia, MI 48846 If your goal is to avoid probate, you must specify in the deed that you are claiming as joint tenants with a right of survivorship. Fax Number: 906-643-1178 Finally, neatly fill out your new deed, sign in the presence of a notary, and file the new deed at the county recorders office. Your state law may have other specific languages to use. Beulah, MI 49617 http://www.ioniacounty.org/register-of-deeds/, Iosco County Register of Deeds Property tax exemptions mean that you pay lower property taxes, and sometimes no property tax at all. 225 W. Main Street How Do I Add Another Person to My House Deed? - The Nest 720 W. Chisholm Street Check with a property law attorney if you want to create a joint tenancy and are unsure of the language to use. 698 Cheboygan, MI 49721 Phone Number: 517-437-2231 125 W. Lincoln St. In the cases of tenancy by entirety and joint tenancy, a deed transfer must take place. 120 N. Broadway Fax Number: 231-882-0167 http://recording.crawfordco.org/recorder/web/, Delta County Register of Deeds 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. Phone Number: 231-745-4641 P.O. However, not every state has this type of ownership, and the application is different in every state. Roberts and Roberts, L.L.P. Phone Number: 906-635-6312 Suite 400 100 N. State Street How To Add a Name to Your Deed - The Balance Box 35 https://www.accesskent.com/Departments/RegisterofDeeds/, Keweenaw County Register of Deeds Bay City, MI 48708 Before you add someone to your house title, consider consulting an attorney to better understand the legal and financial repercussions of doing so. Generally speaking, adding another owner only makes the probate process more complicated. Phone Number: 989-426-7551 ", Unlock premium answers by supporting wikiHow, http://www.washingtonpost.com/realestate/before-adding-a-loved-one-to-a-house-deed-think-hard-first/2013/11/27/b02538c8-51fc-11e3-9fe0-fd2ca728e67c_story.html, http://www.nolo.com/legal-encyclopedia/deeds-faq-29119-2.html, http://www.nolo.com/legal-encyclopedia/deeds-faq-29119.html, http://www.saclaw.org/Uploads/files/forms/QuitclaimDeed.pdf, http://www.washingtonpost.com/wp-dyn/content/article/2008/02/29/AR2008022901680.html, http://www.saclaw.org/Uploads/files/Step-by-Step/sbs-deeds.pdf, incluir a un cnyuge en un ttulo de propiedad. Standish, MI 48658 Both people would acquire their interest in the property at the same time in the chain of title. 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. There are four common ways to hold title to real estate in Michigan: Tenants in Common. If you need a Bell County attorney, we would welcome the opportunity to assist you. 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. However, this action can have a financially devastating outcome if you don't prepare in advance. Phone Number: 906-643-7306 Transferring ownership of a house also means your property will likely be reassessed for tax purposes. There are 8 references cited in this article, which can be found at the bottom of the page. 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. 33 McCollum Street https://www.co.muskegon.mi.us/848/Register-of-Deeds, Newaygo County Register of Deeds If you add your spouse to your deed, he will have to use your basis if he later sells the property. 120 W. Michigan Avenue MCL 565.221. It's revocable. 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. Thanks to all authors for creating a page that has been read 636,176 times. Email: rod@berriencounty.org 605 N. Birch St. Please contact our friendly staff at your convenience. When you use a quitclaim deed, you're only transferring any ownership interest you have. It can also affect inheritance rights of heirs and devisees. Fax Number: 269-982-8659 60 W. Sanilac 23 E. Pearl Street Leave the notary section blank. Transfer on Death Deed Information and Forms - Deeds.com 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. [1] how to add someone to a deed in michigan - regina-ostrovsky.com When you add a person to your deed, you're essentially giving them a gift of a percentage of your property. 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. 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. Phone Number: 989-743-2216 Otherwise, there is a presumption that the ownership interest will be equal. Phone Number: 989-826-1116 Lansing, MI 48918-1900 Phone Number: 517-546-0270 8527 E. Government Center Drive You also may have to pay any property taxes that have been reassessed as a result of the change in ownership. is not an easy one. P.O. This is also where you specify how the two of you will own the property. Roscommon, MI 48653-7664 Record the TOD with your county recorder of deeds, and rest assured that your loved one automatically owns your house when you have passed. Last Updated: February 22, 2023 Both her name and my son's name are on the deed. Atlanta, MI 49709 This might not be an option if one of the owners does not have good credit. 5095 4th St. 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. https://www.miottawa.org/Departments/CountyClerk/ROD/, Presque Isle County Register of Deeds 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. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. 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. Also, I did not know the deed has to be worded a certain way in order to avoid probate upon my death. Fax Number: 906-524-6432 Harrison, MI 48625 Fax Number:231-839-3684 "Estate Tax." 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. 205 E. 11th St. X https://www.stjosephcountymi.org/government/register-of-deeds, Tuscola County Register of Deeds 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. Fax Number: 989-846-9166 Laws regarding deed transfer in Michigan also allow joint tenancy, which is joint ownership between multiple owners, such as a group of business partners. Fax Number: 734-240-7395 Depending on how you claim the property, you may also need a spousal affidavit. https://www.newaygocountymi.gov/departments/register-of-deeds/home/, Oakland County Register of Deeds Phone Number: 989-539-7131 http://www.kalkaskacounty.net/government/register_of_deeds/index.php, Kent 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. Phone Number: 810-257-3060 Email: rdeeds@gogebic.org 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. https://www.co.monroe.mi.us/549/Register-of-Deeds, Montcalm County Register of Deeds Co-owners who are tenants in common can use the property as security on a loan or take out a mortgage on the property, but only to the extent of their ownership interest. Fax Number: 906-337-2253 301 State Street 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. June 14, 2022. To learn more about tax liability associated with adding your spouse to a deed, read on! Phone Number: 906-789-5100 Box 789 http://clerk.macombgov.org/Clerk-RegisterOfDeeds, Manistee County Register of Deeds Use it to try out great new products and services nationwide without paying full pricewine, food delivery, clothing and more. 111 South Canal Street 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://www.isabellacounty.org/departments/register-of-deeds/, Jackson County Register of Deeds Fax Number: 231-533-8317 Traverse City, MI 49684 Email: dsimmons@ogemawcountymi.gov Include your email address to get a message when this question is answered. Email: jwinton@oscodacountymi.com https://www.mecostacounty.org/government/rod.php, Menominee County Register of Deeds https://www.antrimcounty.org/departments___services_/register_of_deeds/index.php, Arenac County Register of Deeds Phone Number: 231-256-9682 Accessed April 10, 2020. Houghton, MI 49931 The transfer is excluded from the gift tax if you're adding your spouse to your house title.