how to add someone to a deed in michiganhow to add someone to a deed in michigan

how to add someone to a deed in michigan

Get a copy of the title deed from your county clerk's office. 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. 415 Third Street https://www.manisteecountymi.gov/363/Register-of-Deeds, Marquette County Register of Deeds Be prepared for them to say no, howeverin fact, this will be their answer in most cases. Phone Number: 989-743-2216 Pleasant, MI 48858 Phone Number: 906-635-6312 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: 906-667-0381 http://www.tuscolacounty.org/rod/, Van Buren County Register of Deeds Fax Number: 231-256-8149 Hart, MI 49420 Joint Tenants. Fax Number: 989-426-6902 Transferring ownership of a house also means your property will likely be reassessed for tax purposes. Mt. 219 Paw Paw Street, Suite 102 Did you know you can get premium answers for this article? Once it's done, you can't take it back unless the person. Phone Number: 989-875-5217 Phone Number: 231-873-4158 Holding Title: Tenants vs. "Tenants". Sault Ste. Tenancy by the entirety is only available for married couples and is not recognized in some states. Fax Number: 989 - 984-1101 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. https://www.clareclerkrod.com/register_of_deeds/index.php, Clinton County Register of Deeds 106 5thP.O. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. http://www.barrycounty.org/departments_and_officials/officials/register_of_deeds/index.php, Bay County Register of Deeds Research source. 51 S Macomb St Email: clerk@schoolcraftcounty.us http://www.ioniacounty.org/register-of-deeds/, Iosco County Register of Deeds "The Trade-Offs of Repealing Step-Up in Basis." http://www.arenaccountygov.com/register_of_deeds/, Baraga County Register of Deeds It's awesome and well-written, very clear on how, "Understanding how to add me to the deed, I had no idea of the consequences. For more detailed information on how to add someone to your house title, scroll down. When we bought a home, I was still not divorced. https://www.oscodacountymi.com/register-of-deeds/, Otsego County Register of Deeds Email: rod@berriencounty.org P.O. Baldwin, MI 49304 "Keeping Your House Out of Probate." Fax number: 906-663-4660 P.O. County Government Building Cheboygan, MI 49721 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. 12220 Fillmore St., Room 146 Phone Number: 810-989-6930 not mine. Phone Number: 989-348-2841 https://www.co.muskegon.mi.us/848/Register-of-Deeds, Newaygo County Register of Deeds A deed and a mortgage are two separate things. 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. Box 35 How you add the person to your title affects whether the surviving owner must go through probate. The most common scenario where you might want to add someone to your deed is if you own a home and you get married. "Joint Tenancy and Medicaid Eligibility." June 14, 2022. Fax Number: 231-348-1773 Saginaw, MI 48602 Caro, MI 48723 You will have to file a quitclaim deed and then file a new deed with joint ownership. Phone Number: 989-832-6820 wikiHow marks an article as reader-approved once it receives enough positive feedback. 2 S. Main St. The American College of Trust and Estate Counsel. This is also where you specify how the two of you will own the property. https://www.isabellacounty.org/departments/register-of-deeds/, Jackson County Register of Deeds Ontonagon, MI 49953 There are four common ways to hold title to real estate in Michigan: Tenants in Common. Box 718 Stanton, MI 48888 113 Chestnut Street Suite 301 111 S. Michigan Avenue Manistee, MI 49660 Owners with separate interests won't have a right to survivorship of the other owner's interest. Also specify the type of ownership each party will have. Fax Number: 616-632-7615 Jennifer Mueller is an in-house legal expert at wikiHow. http://keweenawcountyonline.org/department-clerk.php, Lake County Register of Deeds Keep in mind that you may lose property tax exemptions or be charged gift taxes for adding someone to your title. List of County Register of Deeds . Here's a way to pass the interest in your home deed onwhile you're alive. Check with a property law attorney if you want to create a joint tenancy and are unsure of the language to use. Estate Planning in Michigan Using a Ladybird Deed. In this case, 86% of readers who voted found the article helpful, earning it our reader-approved status. P.O. White Cloud, MI 49349 Home. 407 West Harrie St. 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. 500 Lake St. Coldwater, MI 49036 Take the new deed to the county recorder's office. Enjoy! 1200 N. Telegraph Fax Number: 906-225-8420 Bay City, MI 48708 https://www.accesskent.com/Departments/RegisterofDeeds/, Keweenaw County Register of Deeds Phone Number: 231-832-6113 You want to transfer the property from yourself to your spouse and yourself, making the two of you joint owners. http://www.oakgov.com/clerkrod/Pages/default.aspx, Oceana County Register of Deeds St. Ignace, MI 49781 Phone Number: 989-785-8079 P.O. West Branch, MI 48661 Fill in the recording information. Phone Number: 989-731-7551 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. Property ownership, transfer laws and deed practices differ depending on the state in which you live. Jensen attended Idaho and Boise State Universities. 125 W. Main St. Crystal Falls, MI 49920 Phone Number: 906-863-2822 http://www.charlevoixcounty.org/register_of_deeds/index.php, Cheboygan County Register of Deeds Phone Number: 269-983-7111 ext. http://lapeercountyweb.org/index.php/departments/register-of-deeds, Leelanau County Register of Deeds Phone Number: 269-467-5552 Fax Number: 989-895-4296 220 W. State St. Room 102 Email: clerk@cheboygancounty.net Then, you will have to file a quitclaim deed and then refile another deed to add the new person to the house deed. Once youre sure you want to move forward, decide on what kind of co-ownership you want based on your situation. This might not be an option if one of the owners does not have good credit. how to add someone to a deed in michigan . 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. If you look at your property tax statement, it should indicate whether you're receiving any property tax exemptions. Cadillac, MI 49601 "Adding someone to a deed" means transferring ownership to that person. Phone Number: 269-673-0390 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 Your state law may have other specific languages to use. Fax Number:231-839-3684 [1] Bessemer, MI 49911 Accessed April 10, 2020. Maybe you just got married and would like your new spouse listed as part owner of your home. "Estate Tax." What form do I need in order to change my last name on the deed to my new married name? http://gladwincounty-mi.gov/departments/register-of-deeds/, Gogebic County Register of Deeds 234 W. Baraga Avenue IRS. If you're getting a copy from your local land registry office, search for your deed in their database or ask for assistance. The short answer: No. 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. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Fax Number: 906-635-6855 Using a quit claim deed is often the simplest method of bringing on another owner. There are 8 references cited in this article, which can be found at the bottom of the page. Eagle River, MI 49950 315 W. Green St. 8562 Fax Number: 269-781-0720 Please contact our friendly staff at your convenience. Adding someone to your deed means that you have transferred part of your property ownership or the whole property for that matter. Suite M-3 Suite 212 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. However, in practice, they may refuse regardless of who you're adding to your house title or why. "What Is Joint Tenancy and When Should I Use It?" Some states require extra steps, such . Fax Number:269-945-1298 Phone Number: 989-895-4228 Email: rdeeds@gogebic.org 208 N. Shiawassee Street Traverse City, MI 49684 https://www.casscountymi.org/154/Clerk-Register-Office, Charlevoix County Register of Deeds Box 377 Phone Number: 231-592-0148 This article taught me things I did not know. wikiHow is where trusted research and expert knowledge come together. 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. Laws regarding deed transfer in Michigan also allow joint tenancy, which is joint ownership between multiple owners, such as a group of business partners. 2 South 6th Street, Suite 11 https://rod.chippewacountymi.gov/landweb.dll/$/, Clare County Register of Deeds One of the most common incorrect assumptions in real estate is that someone can be added to a deed. Phone Number: 906-524-6100, ext. Some financial institutions give consent, allowing you to add another person to your property deed without requiring you pay off your loan. Kalamazoo, MI 49007 Strike a line through any verbiage on the deed that does not apply to your circumstances. Grayling, MI 49738 I want to sell it, but have back taxes. Unmarried people can own real estate together in one of two ways: joint tenants with rights of survivorship, or tenants in common. Part 1 Understanding How It Works Download Article 1 Contact your lender. ", 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. https://www.ocmi.us/register-of-deeds/, Ontonagon 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. Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. https://alpenacounty.org/register-of-deeds/, Antrim County Register of Deeds A Michigan deed is a legal document used to convey property from an owner to a purchaser in Michigan. How do we add my name to note? 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 Rogers City, MI 49779 The separate interest refers to the monetary interest in the property. Add language to the deed specifying what percent of the property you and the person you are adding owns, if necessary. P.O. Use a typewriter or computer printer when filling in the information on the deed to ensure it is legible. Email: goodreauw@baragacounty.org The new person acquiring an interest in the property would also be a grantee. 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. 103 Elle Di Jensen has been a writer and editor since 1990. 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. That applies only to married couples. Box 438 http://www.baycounty-mi.gov/rod/, Benzie County Register of Deeds The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Phone Number: 231-922-4753 Include your name and the name of the person you want to add to your house title. P.O. Be aware that adding a person to your deed can cause you to lose property tax exemptions, based on how the deed is worded. 401 E. Houghton Ave. As a small thank you, wed like to offer you a $30 gift card (valid at GoNift.com). You can't have it both ways, however. P.O. Box 168 If your mortgage contains a due upon sale clause, talk to your lender about adding someone to your deed. References To create a tenancy in common, you would use "and" or "or" between the names of the property owners on the deed. https://ironmi.com/register-of-deeds, Isabella County Register of Deeds Howell, MI 48843 Finally, neatly fill out your new deed, sign in the presence of a notary, and file the new deed at the county recorders office. You should contact your attorney to obtain advice with respect to any particular issue or problem. Approved. Obtain the necessary consents from lenders and . Choose separate interests if you want one owner to be able to sell their interest in the property without consulting the other owner. P.O. Consumers Credit Union. Fax: 989-785-8080 Otherwise, married couples usually claim property as tenants by the entirety. Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. Support wikiHow by A transfer on death (TOD) deed. Also, I did not know the deed has to be worded a certain way in order to avoid probate upon my death. 1101 Beach Street, Room 138 Leave the notary section blank. You also may have to pay any property taxes that have been reassessed as a result of the change in ownership. https://www.miottawa.org/Departments/CountyClerk/ROD/, Presque Isle County Register of Deeds 400 Monroe, 7th Floor Phone Number: 989-269-9941 Box 538 Without reading this article, I would have pursued a different route. Fax Number: 517-546-5966 You'll become joint tenants with rights of survivorship. Her work has appeared in various print and online publications. The lawyers of Roberts & Roberts are Killeen attorneys providing legal services in the fields of real estate, probate, estate planning, and business law. Adding your spouses name to the deed will expose your property to any judgments against him. You'll need to transfer an interest by writing up another deed with the person's name on it. http://lakecounty-michigan.com/Courthouse/RegisterofDeeds.aspx, Lapeer County Register of Deeds Phone Number: 616-527-5320 https://presqueislecounty.org/register-of-deeds/, Roscommon County Register of Deeds Charlotte, MI 48813 https://countyfusion3.kofiletech.us/countyweb/login.do?countyname=Eaton, Emmet County Register of Deeds Next, obtain a quitclaim form from the county recorders office where the property is located. If you have a tenancy by entirety, then it converts to tenancy in common. 200 N. Main Street Feel free to contact us with your questions, concerns or needs by email or by phone at 989-224-5270. The deed must list the name and business address of the person that prepared the deed. Phone Number: 734-222-6700 Phone Number: 231-723-2146 Thanks to all authors for creating a page that has been read 206,090 times. https://www.lucecountymi.com/register-of-deeds, Mackinac County Register of Deeds Spell out ownership percentages only if the parties involved are to share ownership in a split other than 50-50. https://www.allegancounty.org/departments/register-of-deeds, Alpena County Register of Deeds Please contact an attorney for any legal questions you may have. Fax Number: 269-467-5593 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. As long as you retain interest in the home, its still going to go through probate. were I to add him to my deed. Tawas City, MI 48764 Fax Number 989-539-6616 https://www.washtenaw.org/262/Clerk-Register-of-Deeds, Wayne County Register of Deeds Mortgage and Deed to House 200 N. Moore Street http://www.shiawassee.net/ROD/, St. Clair County Register of Deeds However, this action can have a financially devastating outcome if you dont prepare in advance. 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. Phone Number: 231-779-9455 Include your email address to get a message when this question is answered. Alpena, MI 49707 Phone Number: 906-643-7306 Fax Number: 906-337-2253 Fax Number: 810-667-0293 https://www.missaukee.org/departments/clerk___register_of_deeds/index.php, Monroe County Register of Deeds Email: rod@livgov.com 800 10th Street, Suite 200 Phone Number: Fax Number: 989-354-9646 Fax Number: 906-387-2156 St. Joseph, MI 49085 Mt. 319 Court Street http://www.kalcounty.com/clerk/, Kalkaska County Register of Deeds Phone Number: 269-383-8970 Fax Number: 231-689-7271 Grand Rapids, MI 49503 You can buy one of these policies by paying a one-time fee, which typically is relatively low. Real Property 313-224-5854 https://www.berriencounty.org/296/Register-of-Deeds, Branch County Register of Deeds Become familiar with your spouses financial history before you decide to add his name to your deed. https://www.emmetcounty.org/officials-departments/register-of-deeds/, Genesee County Register of Deeds It can also affect inheritance rights of heirs and devisees. Box 800 Fax Number: 734-240-7395 Generally speaking, adding another owner only makes the probate process more complicated. Uniform Commercial Code Section Some transfers are excluded from reassessment. Clemens, MI 48043 It's revocable. One thing to be careful of in this situation is title insurance coverage. Fax Number: 810-985-4795 This most simple answer is yes. It doesn't matter whether you intended it to be a gift or not. Last Updated: June 3, 2020 200 W. Michigan Note that banks are often trustees. When he sells it five years later for $1 million, he only owes capital gains taxes on $100,000. 120 North Main https://www.dickinsoncountymi.gov/government/county_departments/register_of_deeds/index.php, Eaton 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. Fax Number: 989-953-7219 For example, if you are adding a spouse to your house title, the deed transfer will be exempt from reassessment in many states. Box 355 Phone Number: 906-341-3618 Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. 220 W. Ellsworth Street In California, you can. For example, "Suzy Sunshine and Martin Moon" or "Suzy Sunshine or Martin Moon. Phone Number: 906-875-3321 For example, Sacramento County charges a one-time tax of 1.1% of the value of the property when you file a new deed. Quitclaim deeds in Michigan can give the grantee different types of rights. 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. Nor can a co-owner simply take away another party's interest in a property by executing a new deed without that other party. Note: A deed is an instrument used to transfer ownership (title) to another person. Phone Number: 231-627-8808 County Courthouse Building https://deltacountymi.org/register-of-deeds/, Dickinson County Register of Deeds When executed and notarized, the quitclaim deed legally overrides the current deed to. To add a spouse to a deed, start by reading over your mortgage carefully with your spouse. Phone Number: 248-858-0581 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. Warranty deeds come with some type of . St. Johns, MI 48879-1580 In some areas, your spouse also must sign the deed. Survivorship (outliving your co-owner) affects more than just the four types of jointly owned property. Fax Number: 989-826-1156 The notary will charge a small fee to witness your signature and notarize your deed, typically less than $10. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. https://www.montcounty.org/register-of-deeds.html, Muskegon County Register of Deeds Michigan has a practice known as "tenancy by entireties." Go to the county recorders office and get a quitclaim form. Civil Rights, Inclusion & Opportunity Department. In the cases of tenancy by entirety and joint tenancy, a deed transfer must take place. Email: jdegraaf@kalkaskacounty.org Mason, MI 48854 Phone Number: 269-945-1289 http://www.sanilaccounty.net/PublicPages/Entity.aspx?ID=220, Schoolcraft County Register of Deeds Were committed to providing the world with free how-to resources, and even $1 helps us in our mission. Munising, MI 48962 Pontiac, MI 48341-0480 Another common question is, can you add someone to a deed if there is a mortgage? This is a valid reason to have an attorney review a deed before you sign it and have it recorded. Unless you know real estate and property records fairly well, it's usually safer to let the title company do it. If your lender agrees not to enforce the clause, get the agreement in writing. Fax Number: 906-643-1178 Phone Number: 231-843-4466 Misconceptions and Realities It is a misconception that someone can be "removed" from the deed. 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. 23 E. Pearl Street Approved. E-mail:clerksoffice@macombgov.org Escanaba, MI 49829 You die 50 years later, and your spouse decides to sell the house five years after that for $1 million. We use cookies to make wikiHow great. P.O. Cassopolis, MI 49031 His capital gain would be $900,000. P.O. If youve recently married and already own a home or other real estate, you may want to add your new spouse to the deed for your property so the two of you own it jointly. This article has been viewed 206,090 times. Articles Real Estate Deeds Made Easy Since 1997. Fax Number: 231-845-7977 605 N. Birch St. ", You must use specific language in your deed to create a joint tenancy. 401 W. Cedar Ave. 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. The form will include a blank for your name, the names of the people to whom you want to transfer the property, and the legal description of the property (which you can copy from your old deed). Email: regofdeeds@co.montcalm.mi.us 8527 E. Government Center Drive Detroit, MI 48226 Phone Number: 810-257-3060 Harrison, MI 48625 The current owner the person giving away their rights to the property would be the grantor in the quit claim deed. Then, sign the completed form in the presence of a notary before submitting it to the recorders office! Roberts and Roberts, L.L.P. 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. Public Works . That means he could pay substantially more in capital gains taxes than if he acquired the property when you died. Marshall, MI 49068 If you are adding a spouse or a child to your house title, the transfer typically will be excluded from reassessment. 301 W. Upton 701 Main Street Thank you. Take the deed to your county recorder's office to have it notarized and recorded. unlocking this expert answer. 301 N. Main St. Beulah, MI 49617 Iron Mountain, MI 49801 P.O. 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. . 310 Ludington Street, Suite 104 Phone Number: 906-884-4255 Fax Number: 906-863-8839 Especially with large lenders, it isn't uncommon to get a bill for the balance of the mortgage when the transfer is complete. 287 W. Nepessing Street Suite 1 This is called tenancy by the entirety, and in states where property can be held this way, spouses who own real estate together generally own it as tenants by the entireties automatically. American Academy of Estate Planning Attorneys. 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":"