how to add someone to a deed in michigan

Sault Ste. Suite 105 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. 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. St. Joseph, MI 49085 : 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. To learn more about tax liability associated with adding your spouse to a deed, read on! 120 North Main This article has been viewed 206,090 times. 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. Be prepared for them to say no, howeverin fact, this will be their answer in most cases. P.O. Roberts and Roberts, L.L.P. Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. 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. Phone Number: 269-945-1289 What form do I need in order to change my last name on the deed to my new married name? https://www.stclaircounty.org/offices/register_of_deeds/, St. Joseph County Register of Deeds Phone Number: 906-643-7306 County Building 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. 100 E. State Street, Suite 2500 Gaylord, MI 49735 P.O. Accessed April 10, 2020. Box 8645 For example, if he has a bad debt, his creditor can sue and force the sale of your property to pay it off. The current owner would also be one of the grantees, the persons receiving the grantors rights to the property. If you add your spouse to your deed, he will have to use your basis if he later sells the property. To make changes to your property's deed, you must execute a new document rather than simply adding a name to your existing deed. One thing that many people do not realize is that transfer of the deed is different from the transfer of the mortgage responsibility. Take the new deed to the county recorder's office. 310 Ludington Street, Suite 104 255 W. Main Street is not an easy one. 315 W. Green St. Email: register@masoncounty.net 200 W. Michigan Phone Number: 810-648-2313 Fax Number: 906-875-0658 When we bought a home, I was still not divorced. http://www.osceola-county.org/residents/county_departments/register_deeds/index.php, Oscoda County Register of Deeds 701 Main Street Box 377 8527 E. Government Center Drive Get a copy of your current deed and select the type of new deed form you want to use. For more detailed information on how to add someone to your house title, scroll down. Alpena, MI 49707 Lake City, MI 49651 Fill out the form and sign it before a notary to make the transfer legal. Phone Number: 989-345-0728 Port Huron, MI 48060 Go back to your county recorders office to get the deed recorded so it becomes part of the official property record. This article helped point the way. The notary will need to verify your identity. Box 438 Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin are community property states. Ithaca, MI 48847 International Center P.O. 219 Paw Paw Street, Suite 102 Then, you will have to file a quitclaim deed and then refile another deed to add the new person to the house deed. Box 376 When executed and notarized, the quitclaim deed legally overrides the current deed to your home. You will have to file a quitclaim deed and then file a new deed with joint ownership. She received her JD from Indiana University Maurer School of Law in 2006. Tax Foundation. Box 399 You also may have to pay any property taxes that have been reassessed as a result of the change in ownership. 120 W. Michigan Avenue Fax Number: 616-632-7615 Fax Number: 269-467-5593 http://www.masoncounty.net/departments/register-of-deeds/, Mecosta 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. Phone Number: 616-632.7610 Petoskey, MI 49770 P.O. You might want your spouse to automatically be able to retain ownership of the property if you should become deceased. How do I add someone to my deed? West Branch, MI 48661 For more detailed information on how to add someone to your house title, scroll down. Box 355 https://www.co.hillsdale.mi.us/index.php/tm-gov/tsm-gov-deeds, Houghton County Register of Deeds Charlevoix, MI 49720 Email: register@wexfordcounty.org Fax Number: 616-994-4521 415 Third Street The chain of title in real estate has been established so that an interest in real estate cannot be valued by the amount of time an owner has been in possession of the real estate. Fax Number: 989-895-4296 How you add the person to your title affects whether the surviving owner must go through probate. Phone Number: 231-873-4158 Fax Number: 810-667-0293 Fax Number: 906-635-6855 Fax Number: 231-237-0106 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. Phone Number: 989-731-7551 Coldwater, MI 49036 Fax Number: 810-985-4795 https://www.lucecountymi.com/register-of-deeds, Mackinac County Register of Deeds My spouse died, how do I remove my spouse's name from my deed? There are two ways to get a deed. You want to transfer the property from yourself to your spouse and yourself, making the two of you joint owners. 3. By filing the quitclaim deed, you can add someone to the title of your home, in effect transferring a share of ownership. P.O. Phone Number: 517-322-1144, Shiawassee County Register of Deeds http://www.waynecounty.com/deeds/index.htm, Wexford County Register of Deeds P.O. MSU Extension. Lansing, MI 48918-1900 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. Beulah, MI 49617 I want to sell it, but have back taxes. 319 Court Street By signing up you are agreeing to receive emails according to our privacy policy. In some areas, your spouse also must sign the deed. Generally, anyone who dies during the first 120 hours after . Each type of ownership carries unique characteristics, and factors such as financial ability, family relations and marital . 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. Phone Number: 989-426-7551 Manistique, MI 49854 Owners with separate interests won't have a right to survivorship of the other owner's interest. 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. We use cookies to make wikiHow great. 422 W. Lake Street Consumers Credit Union. Adding someone to your deed means that you have transferred part of your property ownership or the whole property for that matter. https://www.ocmi.us/register-of-deeds/, Ontonagon County Register of Deeds ", https://www.consumer-action.org/english/articles/before_you_add_someone_to_your_title2006/, https://www.irs.gov/businesses/small-businesses-self-employed/gift-tax, https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-gift-taxes, https://saclaw.org/wp-content/uploads/sbs-completing-and-recording-deeds.pdf, https://www.americanbar.org/content/dam/aba/publishing/rpte_ereport/2015/2-March/enforceability_of_mortgage.authcheckdam.pdf, https://www.extension.iastate.edu/agdm/wholefarm/html/c4-51.html, http://realestate.findlaw.com/buying-a-home/do-you-need-title-insurance.html. To add a spouse to a deed, start by reading over your mortgage carefully with your spouse. Fax Number: 906-293-5553 "The Trade-Offs of Repealing Step-Up in Basis." For example, if you are adding a spouse to your house title, the deed transfer will be exempt from reassessment in many states. Phone Number: 517-279-4320 P.O. Phone Number: 989-354-9547 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. MCL 565.221. Phone Number: 517-264-4538 Fax Number: 231-873-9218 This is a law that allows a husband and wife to hold a piece of property as if they were a single entity. http://keweenawcountyonline.org/department-clerk.php, Lake County Register of Deeds how to add someone to a deed in michigan. Fax Number: 906-789-5179 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. This is a valid reason to have an attorney review a deed before you sign it and have it recorded. References Fax Number: 989-790-5278 MI Earned Income Tax Credit, Retirement Tax, and Inflation Relief Initiatives That means when you die, your spouse will absorb your ownership share of the property. Email: jwinton@oscodacountymi.com You die 50 years later, and your spouse decides to sell the house five years after that for $1 million. Box 35 You can also find out by contacting the tax assessor's office in your county. Cadillac, MI 49601 Email: registerofdeeds@picounty.org Getting married does not automatically transfer a property to become a tenancy by entirety. Fax Number: 231-845-7977 P.O. Phone Number: 989-734-2676 Include your email address to get a message when this question is answered. 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. There are different forms of deeds depending on the situation involved. 301 N. Main St. Please contact an attorney for any legal questions you may have. Approved. His capital gain would be $900,000. By using our site, you agree to our. https://www.antrimcounty.org/departments___services_/register_of_deeds/index.php, Arenac County Register of Deeds Estate Planning in Michigan Using a Ladybird Deed. Ste. You will have to file a transfer of the deed to gain ownership of the property during the divorce. 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. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/b\/ba\/1540420-1.jpg\/v4-460px-1540420-1.jpg","bigUrl":"\/images\/thumb\/b\/ba\/1540420-1.jpg\/aid1540420-v4-728px-1540420-1.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"

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\n<\/p><\/div>"}. Phone Number: 231-882-0016 That applies only to married couples. Phone Number: 231-547-7204 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. Phone Number: 906-863-2822 Fax Number: 269-445-4453 Bay City, MI 48708 https://www.clareclerkrod.com/register_of_deeds/index.php, Clinton County Register of Deeds Some states require extra steps, such . 698 wikiHow marks an article as reader-approved once it receives enough positive feedback. Phone Number: 906-884-4255 Phone Number: 231-723-2146 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. Choose separate interests if you want one owner to be able to sell their interest in the property without consulting the other owner. 2 South 6th Street, Suite 11 In this case, if one dies, the other automatically becomes the sole owner of the property. This article was written by Jennifer Mueller, JD. 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. Tenancy by the entirety is only available for married couples and is not recognized in some states. Fax Number: 231-689-7271 304 E. Ludington Ave. http://www.charlevoixcounty.org/register_of_deeds/index.php, Cheboygan County Register of Deeds Gladwin, MI 48624 You, as the "grantor" -- the property owner -- make out a deed conveying title to two "grantees," yourself and your partner. https://www.missaukee.org/departments/clerk___register_of_deeds/index.php, Monroe County Register of Deeds Some common exemptions include homestead exemptions or exemptions for people over the age of 65. Centreville, MI 49032 Jennifer Mueller is an in-house legal expert at wikiHow. https://www.co.monroe.mi.us/549/Register-of-Deeds, Montcalm County Register of Deeds 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. Phone Number: 231-592-0148 The person in possession of the deed can simply sign on behalf of the state, or they can request the state to send them a copy of the deed. The person selling the property is often called the "grantor" while the person buying the property is called the "grantee". 103 Leave the notary section blank. Mt. My son has no interest in the property and has his own. http://www.shiawassee.net/ROD/, St. Clair County Register of Deeds Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. Court House Note: A deed is an instrument used to transfer ownership (title) to another person. https://www.deeds.com/recorder/michigan/alger/, Allegan County Register of Deeds Phone Number: 517-543-4203 Phone Number: 231-922-4753 Her work has appeared in various print and online publications. References Manistee, MI 49660 Stanton, MI 48888 If you live in a community property state, you can specify the home or land is community property with a right of survivorship. If you want to transfer title to a friend or your child, the same principle applies. 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. http://www.menomineecounty.com/departments/?department=4a30b23c515d, Midland County Register of Deeds Depending on your financial situation, this issue may cause you to reconsider making the addition. When you add a person to your deed, you're essentially giving them a gift of a percentage of your property. Email: goodreauw@baragacounty.org 225 W. Main Street Without reading this article, I would have pursued a different route. Finally, neatly fill out your new deed, sign in the presence of a notary, and file the new deed at the county recorders office. Clemens, MI 48043 Obtain the necessary consents from lenders and . List of County Register of Deeds . 401 W. Cedar Ave. 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. % of people told us that this article helped them. Review your mortgage documents or contact your lender before initiating the process to change your deed. 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. Marquette, MI 49855 Take the deed to your county recorder's office to have it notarized and recorded. 101 Court Street Fax Number: 231-398-3544 Fax Number: 989 - 984-1101 Caro, MI 48723 125 W. Main St. Room 136 201 W. Kalamazoo Avenue Hart, MI 49420 Suite 301 Box 168 Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Strike a line through any verbiage on the deed that does not apply to your circumstances. By signing up you are agreeing to receive emails according to our privacy policy. St. Johns, MI 48879-1580 Email: regofdeeds@co.montcalm.mi.us Email: rod@shiawassee.net Fax Number: 989-269-8786 Note also that if there is an outstanding mortgage on the property, the owner must review the terms to see if there is a notification requirement. For example, 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. Fax: 877-443-9505 We do not have any blank deed forms available in our office. Fax Number: 313-224-5884 720 W. Chisholm Street Phone Number: 989-348-2841 P.O. 400 Elm Street Fax Number: 989-354-9646 Michigan has a practice known as "tenancy by entireties." He focuses mostly on finance writing and has a passion for real estate, credit card deals, and investing. When you die 50 years later, your spouse acquires a house with a fair market value of $900,000. P.O. Cassopolis, MI 49031 https://www.co.jackson.mi.us/269/Register-of-Deeds, Kalamazoo County Register of Deeds 515 Center Avenue Suite 102 When you use a quitclaim deed, you're only transferring any ownership interest you have. Before you add someone to your house title, consider consulting an attorney to better understand the legal and financial repercussions of doing so. Ontonagon, MI 49953 How to transfer property titles in Michigan becomes complicated in these cases because each owner only owns a portion of the property. http://schoolcraftcounty.net/government/elected-officials/clerk-and-register-of-deeds Marie, MI 49783 She received her JD from Indiana University Maurer School of Law in 2006. Bellaire, MI 49615 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. If a male grantor is married, Michigan law has historically required his wife to sign the deed to release her dower rights. P.O. http://www.cheboygancounty.net/county-clerkregister-of-deeds-11/, Chippewa County Register of Deeds https://montcalm.org/government/register_of_deeds/index.php, Montmorency County Register of Deeds

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