Phone Number: 231-258-3315 Fax Number: 734-222-6528 Be aware that adding a person to your deed can cause you to lose property tax exemptions, based on how the deed is worded. In this case, if one dies, the other automatically becomes the sole owner of the property. 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 . Fax Number: 231-689-7271 Email: dsimmons@ogemawcountymi.gov 1045 Independence Blvd. Accessed April 10, 2020. Munising, MI 48962 The deed must be notarized. 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 Phone Number: 989-539-7131 ", You must use specific language in your deed to create a joint tenancy. 214 E. Center St FindLaw: What's the Difference Between Joint Tenants with Survivorship and Tenants in Common? Gladwin, MI 48624 One thing that many people do not realize is that transfer of the deed is different from the transfer of the mortgage responsibility. Fax Number: 269-781-0720 Phone Number: 989-734-2676 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. Phone Number: 231-627-8808 http://lapeercountyweb.org/index.php/departments/register-of-deeds, Leelanau County Register of Deeds Stanton, MI 48888 https://ironmi.com/register-of-deeds, Isabella County Register of Deeds http://www.waynecounty.com/deeds/index.htm, Wexford County Register of Deeds Howell, MI 48843 Quitclaim deeds in Michigan can give the grantee different types of rights. Box 718 Real Property 313-224-5854 You can also find out by contacting the tax assessor's office in your county. : 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. ", a right of survivorship. Both her name and my son's name are on the deed. 839 10th Avenue Phone Number: 231-256-9682 120 W. Michigan Avenue How do I add someone to my deed? Phone Number: 906-667-0381 This is wonderful!". Box 303 You may also have to pay a document transfer tax. Fax Number 989-539-6616 http://www.menomineecounty.com/departments/?department=4a30b23c515d, Midland County Register of Deeds "Avoiding Probate With a Transfer-on-Death Deed." Phone Number: 269-983-7111 ext. Fax Number: 906-774-4660 Some states have a specific deed-holding status: Tenants in the entirety. Fax Number: 989-345-6221 St. Johns, MI 48879-1580 Box 355 P.O. 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. https://oceana.mi.us/departments/register-of-deeds/, Ogemaw County Register of Deeds Please contact our friendly staff at your convenience. Caro, MI 48723 Box 376 Suite 301 By signing up you are agreeing to receive emails according to our privacy policy. Manistique, MI 49854 Holding Title: Tenants vs. "Tenants". 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. If you do not specify the type of ownership, the ownership will be presumed to be tenancy in common. Adrian, MI 49221 This could result in far lower capital gains taxes. Marshall, MI 49068 https://www.montcounty.org/register-of-deeds.html, Muskegon County Register of Deeds Phone Number: 989-426-7551 They still used my income, but I'm not on the note. Fax Number: 810-768-7965 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. Phone Number: 517-676-7216 Box 35 Accessed April 10, 2020. Suite 212 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 your mortgage contains a due upon sale clause, talk to your lender about adding someone to your deed. Monroe, MI 48161 Phone Number: 989-317-4089 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. Fax Number: 517-676-7287 Phone Number: 906-774-0955 12265 M-32 West Generally speaking, adding another owner only makes the probate process more complicated. Phone Number: 616-632.7610 The deed should include the grantor's marital status. 806 W. Houghton Avenue, Room 104 Tenancy by the entirety is only available for married couples and is not recognized in some states. Port Huron, MI 48060 If your lender agrees not to enforce the clause, get the agreement in writing. Fax Number: 989 - 984-1101 "Gave me the clear directions I needed and informed me that what I really want to do, claiming as joint tenants with, "I was so happy to find this article, it answered all my questions! 8527 E. Government Center Drive http://recording.crawfordco.org/recorder/web/, Delta County Register of Deeds https://www.newaygocountymi.gov/departments/register-of-deeds/home/, Oakland County Register of Deeds 400 Boardman 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. Include your email address to get a message when this question is answered. Phone Number: 231-882-0016 Rogers City, MI 49779 http://www.co.calhoun.mi.us/, Cass County Register of Deeds http://www.osceola-county.org/residents/county_departments/register_deeds/index.php, Oscoda County Register of Deeds https://www.geneseecountymi.gov/departments/register_of_deeds/index.php, Gladwin County Register of Deeds Beulah, MI 49617 In the cases of tenancy by entirety and joint tenancy, a deed transfer must take place. http://alconacountymi.com/?page_id=390, Alger County Register of Deeds Phone Number: 734-240-7390 You want to transfer the property from yourself to your spouse and yourself, making the two of you joint owners. Become familiar with your spouses financial history before you decide to add his name to your deed. Escanaba, MI 49829 Spell out ownership percentages only if the parties involved are to share ownership in a split other than 50-50. Email: jdegraaf@kalkaskacounty.org List of County Register of Deeds . https://www.ocmi.us/register-of-deeds/, Ontonagon County Register of Deeds https://www.co.muskegon.mi.us/848/Register-of-Deeds, Newaygo County Register of Deeds http://www.ioniacounty.org/register-of-deeds/, Iosco County Register of Deeds A deed and a mortgage are two separate things. 101 Court Street Phone Number: 906-524-6100, ext. 211 W. Main St. Fax Number: 989-344-3223 The person selling the property is often called the "grantor" while the person buying the property is called the "grantee". Unless you know real estate and property records fairly well, it's usually safer to let the title company do it. Generally, anyone who dies during the first 120 hours after . Accessed April 10, 2020. The short answer: No. Elle Di Jensen has been a writer and editor since 1990. The easiest and most common way to do this is with a quitclaim deed and the refiling of a new deed with joint ownership. P.O. Fax Number: 906-293-5553 wikiHow marks an article as reader-approved once it receives enough positive feedback. 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. Fax Number: 231-533-8317 Obtain a blank quit claim deed form from an office supply store, attorney or title company. Fax Number: 989-846-9166 Phone Number: 269-445-4464 P.O. Phone Number: 906-789-5100 Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. Approved. Fax Number: 989-275-8640 Please Note: The Register of Deeds Office does not prepare or change documents and cannot provide legal assistance. https://www.manisteecountymi.gov/363/Register-of-Deeds, Marquette County Register of Deeds There are two ways to get a deed. 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. http://www.benzieco.net/government/county_register_of_deeds/index.php, Berrien County Register of Deeds Information deemed reliable but not guaranteed, you should always confirm this information with the proper agency prior to acting. Phone Number: 989-846-9201 Phone Number: 231-843-4466 Also, I did not know the deed has to be worded a certain way in order to avoid probate upon my death. Phone Number: 989-895-4228 Lapeer, MI 48446 Fax Number: 989-895-4296 Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. 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. 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. If you live in a community property state, you can specify the home or land is community property with a right of survivorship. Big Rapids, MI 49307 A Michigan deed is a legal document used to convey property from an owner to a purchaser in Michigan. Also specify the type of ownership each party will have. https://www.otsegocountymi.gov/259/Register-of-Deeds, Ottawa County Register of Deeds Personal Property 313-224-5860 Part 1 Understanding How It Works Download Article 1 Contact your lender. Box 5 Your county recorders office will have a list of ways to claim property. Use it to try out great new products and services nationwide without paying full pricewine, food delivery, clothing and more. Fax Number: 989-354-9646 100 N. State Street 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. wikiHow marks an article as reader-approved once it receives enough positive feedback. Harrisville, MI 48740 Box 789 5095 4th St. Both people would acquire their interest in the property at the same time in the chain of title. P.O. "Joint Tenancy and Medicaid Eligibility." 200 N. Main Street Pontiac, MI 48341-0480 Phone Number: 906-387-2076 https://www.oscodacountymi.com/register-of-deeds/, Otsego County Register of Deeds Hillsdale MI 49242 P.O. https://www.mecostacounty.org/government/rod.php, Menominee County Register of Deeds P.O. 220 W. Ellsworth Street Complete, review and sign the quitclaim or warranty form. Phone Number: 810-648-2313 The lawyers of Roberts & Roberts are Killeen attorneys providing legal services in the fields of real estate, probate, estate planning, and business law. Jennifer Mueller is an in-house legal expert at wikiHow. 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. Suite 400 https://www.gratiotmi.com/239/Register-of-Deeds, Hillsdale County Register of Deeds P.O. American Academy of Estate Planning Attorneys. 1101 Beach Street, Room 138 were I to add him to my deed. 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. Phone Number: 231-592-0148 234 W. Baraga Avenue Mason, MI 48854 2 S. Main St. Some financial institutions give consent, allowing you to add another person to your property deed without requiring you pay off your loan. Phone Number: 517-279-4320 https://rod.chippewacountymi.gov/landweb.dll/$/, Clare County Register of Deeds http://keweenawcountyonline.org/department-clerk.php, Lake County Register of Deeds 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. Phone Number: 231-873-4158 1. Phone Number: 810-667-0211 In Michigan, a person must live more than 120 hours after their co-owner dies for the survivorship rights to take effect. Phone Number: 725 Greenland Road 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. Without reading this article, I would have pursued a different route. You may have to fill out a form to have the deed officially recorded, as well as pay a small fee. That applies only to married couples. Uniform Commercial Code Section Fax Number: 906-789-5179 Marie, MI 49783 Fax Number: 231-348-1773 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. 200 W. Michigan Manistee, MI 49660 P.O. What or who is a trustee of a trust? Phone Number: 810-989-6930 106 5thP.O. https://deltacountymi.org/register-of-deeds/, Dickinson County Register of Deeds 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. Email: clerk@cheboygancounty.net You may also have to pay a document transfer tax. Michigan.gov: Transfer of Ownership Guidelines PREPARED BY THE MICHIGAN STATE TAX COMMISSION. IRS. https://www.deeds.com/recorder/michigan/alger/, Allegan County Register of Deeds http://clerk.macombgov.org/Clerk-RegisterOfDeeds, Manistee County Register of Deeds It's revocable. 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. Harrison, MI 48625 Phone Number: 517-437-2231 Phone Number: 231-723-2146 Did you know you can get premium answers for this article? P.O. We use cookies to make wikiHow great. 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. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. Consumers Credit Union. Petoskey, MI 49770 Jennifer Mueller is an in-house legal expert at wikiHow. These clauses typically state that if you ask your lender for permission to add someone to your house title, they won't unreasonably refuse. 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 These companies will charge significantly more money than you would pay if you got a copy directly from the recorder's office. Fax Number: 906-337-2253 304 E. Ludington Ave. Returning to the $100,000, suppose you create a TOD deed for your spouse. Warranty deeds come with some type of . Box 111 Grayling, MI 49738 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. 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. Building 12 East Otherwise, there is a presumption that the ownership interest will be equal. Box 296 Phone Number: 989-724-9450 Ionia, MI 48846 There are four common ways to hold title to real estate in Michigan: Tenants in Common. County Courthouse Building As a small thank you, wed like to offer you a $30 gift card (valid at GoNift.com). You'll need to transfer an interest by writing up another deed with the person's name on it. MI Earned Income Tax Credit, Retirement Tax, and Inflation Relief Initiatives how to add someone to a deed in michigan . This article has been viewed 636,176 times. By using our site, you agree to our. This article was written by Jennifer Mueller, JD. Reed City, MI 49677 If you look at your property tax statement, it should indicate whether you're receiving any property tax exemptions. This is a law that allows a husband and wife to hold a piece of property as if they were a single entity. is not an easy one. Transferring ownership of a house also means your property will likely be reassessed for tax purposes. Fax number: 906-663-4660 Go back to your county recorders office to get the deed recorded so it becomes part of the official property record. Phone Number: 269-657-8242 The types of transfers that are excluded vary among states. P.O. Bad Axe, MI 48413 60 W. Sanilac Standish, MI 48658 Box 377 Newberry, MI 49868 Otherwise, married couples usually claim property as tenants by the entirety. How do we add my name to note? Email: regofdeeds@co.montcalm.mi.us Accessed April 10, 2020. Lansing, MI 48918-1900 Clemens, MI 48043 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. 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.". Phone Number: 989-875-5217 This is also where you specify how the two of you will own the property. "I live in a home purchased 10 years ago by my now-deceased mom. To avoid probate, you must choose an ownership relationship that includes a right of survivorship. Articles Real Estate Deeds Made Easy Since 1997. Owners with separate interests won't have a right to survivorship of the other owner's interest. When we bought a home, I was still not divorced. Keep in mind that you may lose property tax exemptions or be charged gift taxes for adding someone to your title. The most common way to remove someone from a deed is through a deed of conveyance, such as a quitclaim or warranty deed. 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. Atlanta, MI 49709 Get a copy of your current deed and select the type of new deed form you want to use. Allegan, MI 49010 Fax Number: 269-445-4453 https://www.miottawa.org/Departments/CountyClerk/ROD/, Presque Isle County Register of Deeds Phone Number: 734-222-6700 Charlotte, MI 48813 Include your email address to get a message when this question is answered. http://www.baycounty-mi.gov/rod/, Benzie County Register of Deeds Pleasant, MI 48858 Please contact an attorney for any legal questions you may have. 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. 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. You sign the deed as grantor, have it notarized and file it with the county's registry of deeds. You will have to file a transfer of the deed to gain ownership of the property during the divorce. These exemptions vary among states. Fax: 231-922-2770 400 Elm Street Grand Rapids, MI 49503 Take the new deed to the county recorder's office. Jackson, MI 49201 Fax Number: 906-875-0658 8562 https://www.co.midland.mi.us/RegisterofDeeds.aspx, Missaukee County Register of Deeds https://www.vanburencountymi.gov/499/Register-of-Deeds, Washtenaw County Register of Deeds 200 North Main St. Suite 110 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. Property tax exemptions mean that you pay lower property taxes, and sometimes no property tax at all. What form do I need in order to change my last name on the deed to my new married name? 12220 Fillmore St., Room 146 Saginaw, MI 48602 125 W. Lincoln St. Approved. Phone Number: 989-785-8079 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. Phone Number: 810-257-3060 Especially with large lenders, it isn't uncommon to get a bill for the balance of the mortgage when the transfer is complete. Research source. There are different forms of deeds depending on the situation involved. Box 609 https://www.casscountymi.org/154/Clerk-Register-Office, Charlevoix County Register of Deeds Alpena, MI 49707 County Building About the Author. https://rod-eweb.clinton-county.org/recorder/web/, Crawford County Register of Deeds Phone Number: 906-225-8415 Leave the notary section blank. Ste. http://www.mackinaccounty.net/departments/register-of-deeds/, Macomb County Register of Deeds Phone Number: 989-345-0728 You can do your title search yourself, or you can order one from the title company that issues your title insurance policy. https://www.dickinsoncountymi.gov/government/county_departments/register_of_deeds/index.php, Eaton County Register of Deeds 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. If avoiding probate is a priority, an attorney can help you find the best method to add the other person to your house title. Public Works . If you simply add your child's name to your existing deed, they won't necessarily have rights of survivorship. 301 State Street 33 McCollum Street 173 East Apple Avenue Lake City, MI 49651 https://presqueislecounty.org/register-of-deeds/, Roscommon County Register of Deeds Laws regarding deed transfer in Michigan also allow joint tenancy, which is joint ownership between multiple owners, such as a group of business partners. 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. June 14, 2022. https://www.co.marquette.mi.us/departments/register_of_deeds/index.php, Mason County Register of Deeds