how to add someone to a deed in michigan

111 South Canal Street "I live in a home purchased 10 years ago by my now-deceased mom. 100 N. State Street Public Works . List of County Register of Deeds . Phone Number: 586-469-7953 P.O. 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. Bessemer, MI 49911 You'll become joint tenants with rights of survivorship. This might not be an option if one of the owners does not have good credit. 341 S. Jefferson Room 201 Phone Number: 810-989-6930 Phone Number: 989-426-7551 200 North Main St. Suite 110 Holding Title: Tenants vs. "Tenants". The notary will charge a small fee to witness your signature and notarize your deed, typically less than $10. https://www.stclaircounty.org/offices/register_of_deeds/, St. Joseph County Register of Deeds Quitclaim deeds in Michigan can give the grantee different types of rights. Sandusky, MI 48471 Hart, MI 49420 https://www.ocmi.us/register-of-deeds/, Ontonagon County Register of Deeds 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. St. Johns, MI 48879-1580 P.O. The person selling the property is often called the "grantor" while the person buying the property is called the "grantee". Box 538 It's revocable. Phone Number: 989-269-9941 Go to the county recorders office and get a quitclaim form. Bay City, MI 48708 Using a quit claim deed is often the simplest method of bringing on another owner. https://www.saginawcounty.com/departments/register-of-deeds/, Sanilac County Register of Deeds Get a copy of the title deed from your county clerk's office. Use a typewriter or computer printer when filling in the information on the deed to ensure it is legible. 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: dsimmons@ogemawcountymi.gov IRS. Fax Number: 231-779-5352 When executed and notarized, the quitclaim deed legally overrides the current deed to. Email: registerofdeeds@emmetcounty.org One of the most common incorrect assumptions in real estate is that someone can be added to a deed. Depending on your financial situation, this issue may cause you to reconsider making the addition. Tawas City, MI 48764 Phone Number: 906-774-0955 219 Paw Paw Street, Suite 102 Lansing, MI 48918-1900 Include your email address to get a message when this question is answered. For more detailed information on how to add someone to your house title, scroll down. Sault Ste. 407 West Harrie St. https://www.co.hillsdale.mi.us/index.php/tm-gov/tsm-gov-deeds, Houghton County Register of Deeds 200 E Grand River 806 W. Houghton Avenue, Room 104 Fax Number: 989-275-8640 Houghton, MI 49931 100 E. State Street, Suite 2500 Phone Number: 906-482-1311 You're not guaranteeing you have any interest at all, or that you have particular ownership or possession rights. That applies only to married couples. Phone Number: 231-832-6113 https://ironmi.com/register-of-deeds, Isabella County Register of Deeds Monroe, MI 48161 https://www.deeds.com/recorder/michigan/alger/, Allegan County Register of Deeds Mortgage and Deed to House Joint Tenants. If a male grantor is married, Michigan law has historically required his wife to sign the deed to release her dower rights. Phone Number: 989-832-6820 Beulah, MI 49617 Fax Number: 231-533-8317 839 10th Avenue 120 N. Broadway Fax Number: 906-643-1178 Coldwater, MI 49036 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. Phone Number: 810-648-2313 Support wikiHow by Room 136 Complete the deed, filling in your name as the current owner, and your name along with the additional person's name as the people to whom you're deeding your property. Accessed April 10, 2020. Fax: 231-922-2770 Phone Number: 989-345-0728 Fax Number: 989-345-6221 To learn more about tax liability associated with adding your spouse to a deed, read on! 3. The types of transfers that are excluded vary among states. Fax: 989-785-8080 https://www.co.muskegon.mi.us/848/Register-of-Deeds, Newaygo County Register of Deeds When you die 50 years later, your spouse acquires a house with a fair market value of $900,000. Howell, MI 48843 Phone Number: 989-317-4089 https://keweenawbay.org/government/departments/county-clerk-register-of-deeds/, Barry County Register of Deeds P.O. You, as the "grantor" -- the property owner -- make out a deed conveying title to two "grantees," yourself and your partner. The transfer is excluded from the gift tax if you're adding your spouse to your house title. The American College of Trust and Estate Counsel. https://www.otsegocountymi.gov/259/Register-of-Deeds, Ottawa County Register of Deeds Especially with large lenders, it isn't uncommon to get a bill for the balance of the mortgage when the transfer is complete. Big Rapids, MI 49307 There are different forms of deeds depending on the situation involved. Phone Number: 906-789-5100 Phone Number: 989-348-2841 60 W. Sanilac https://www.isabellacounty.org/departments/register-of-deeds/, Jackson County Register of Deeds https://www.gogebiccountymi.gov/government/county_offices/register_of_deeds.php, Grand Traverse County Register of Deeds 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. MI Earned Income Tax Credit, Retirement Tax, and Inflation Relief Initiatives 125 W. Main St. In some areas, your spouse also must sign the deed. Be prepared for them to say no, howeverin fact, this will be their answer in most cases. West Branch, MI 48661 In this case, 86% of readers who voted found the article helpful, earning it our reader-approved status. In California, you can. https://www.vanburencountymi.gov/499/Register-of-Deeds, Washtenaw County Register of Deeds 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. Phone Number: 517-788-4350 Misconceptions and Realities It is a misconception that someone can be "removed" from the deed. 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. Port Huron, MI 48060 1101 Beach Street, Room 138 https://www.berriencounty.org/296/Register-of-Deeds, Branch County Register of Deeds P.O. Fax Number: 313-224-5884 However, in practice, they may refuse regardless of who you're adding to your house title or why. This article has been viewed 206,090 times. Fax Number 989-539-6616 The easiest and most common way to do this is with a quitclaim deed and the refiling of a new deed with joint ownership. Issues of marriage and property ownership become complicated when a divorce is involved. Fax Number: 989-731-7519 In the cases of tenancy by entirety and joint tenancy, a deed transfer must take place. ", 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. 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. Fax Number: 231-627-8453 Standish, MI 48658 Phone Number: 231-689-7246 wikiHow marks an article as reader-approved once it receives enough positive feedback. 870 S. Main Marshall, MI 49068 https://www.lucecountymi.com/register-of-deeds, Mackinac County Register of Deeds Warranty deeds come with some type of . Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. County Building If you simply add your child's name to your existing deed, they won't necessarily have rights of survivorship. 200 Grand River Avenue wikiHow is where trusted research and expert knowledge come together. http://www.houghtoncounty.net/directory-register-of-deeds.php, Huron County Register of Deeds Roberts and Roberts, L.L.P. You also may have to pay any property taxes that have been reassessed as a result of the change in ownership. 120 North Main Baldwin, MI 49304 Harrisville, MI 48740 The state will then make a copy of the deed, add their name to the deed, and send the new owner or person the original deed. Phone Number: 989-785-8079 A Quitclaim Deed is similar to a Grant Deed in that it immediately transfers all of your interest, ownership and right in the property. A transfer on death (TOD) deed. Fax Number:517-264-4543 Unlike some other types of property, you can't just add their name to the existing deed. Fax Number: 269-982-8659 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.". 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. https://rod-eweb.clinton-county.org/recorder/web/, Crawford County Register of Deeds Procedures vary by state and altering ownership in your property can have repercussions, so it's wise to consult an attorney before adding anyone to your deed. 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. Phone Number: 989-731-7551 Email: register@masoncounty.net Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. 106 5thP.O. Department of Public Works http://www.masoncounty.net/departments/register-of-deeds/, Mecosta County Register of Deeds There are 8 references cited in this article, which can be found at the bottom of the page. By signing up you are agreeing to receive emails according to our privacy policy. http://www.barrycounty.org/departments_and_officials/officials/register_of_deeds/index.php, Bay County Register of Deeds 8527 E. Government Center Drive Phone Number: 231-627-8808 Box 110 103 Pontiac, MI 48341-0480 Unmarried people can own real estate together in one of two ways: joint tenants with rights of survivorship, or tenants in common. http://www.charlevoixcounty.org/register_of_deeds/index.php, Cheboygan County Register of Deeds References P.O. Phone Number: 269-945-1289 In short, no one can be passively removed from a title. Then, you will have to file a quitclaim deed and then refile another deed to add the new person to the house deed. 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 is not an easy one. Lenawee County Courthouse If wikiHow has helped you, please consider a small contribution to support us in helping more readers like you. Hillsdale MI 49242 You can't have it both ways, however. Newberry, MI 49868 If you choose this type of ownership, then one cannot sell or dispose of the property without the consent of the other. 605 N. Birch St. Please contact our friendly staff at your convenience. A Michigan lady bird deed form allows a person to retain control over Michigan real estate during his or her life and automatically transfer the real estate at his or her death. http://www.roscommoncounty.net/196/Register-of-Deeds, Saginaw County Register of Deeds P.O. In the cases of tenancy by entirety and joint tenancy, a deed transfer must take place. Fax Number: 231-237-0106 Each type of ownership carries unique characteristics, and factors such as financial ability, family relations and marital . Fax Number: 989-354-9646 Roscommon, MI 48653-7664 Also specify the type of ownership each party will have. Then, sign the completed form in the presence of a notary before submitting it to the recorders office! 705 S. Stephenson Ave. To create a tenancy in common, you would use "and" or "or" between the names of the property owners on the deed. This is a valid reason to have an attorney review a deed before you sign it and have it recorded. "Adding someone to a deed" means transferring ownership to that person. Box 168 Box 399 Fax Number: 231-845-7977 Atlanta, MI 49709 http://www.lenawee.mi.us/259/Register-of-Deeds, Livingston County Register of Deeds 225 W. Main Street Box 296 Fax Number: 231-256-8149 200 N. Main Street 500 Lake St. Email: goodreauw@baragacounty.org She began working in the fitness industry in 1987, and her experience includes editing and publishing a workout manual. 7064 Crowner Drive http://www.waynecounty.com/deeds/index.htm, Wexford County Register of Deeds Review your mortgage documents or contact your lender before initiating the process to change your deed. I want to sell it, but have back taxes. 515 Center Avenue Suite 102 Government Center Eagle River, MI 49950 One thing to be careful of in this situation is title insurance coverage. Leave the notary section blank. Jensen attended Idaho and Boise State Universities. Suite 301 304 E. Ludington Ave. 200 Division Street, Suite 150 They still used my income, but I'm not on the note. Phone Number: 269-983-7111 ext. 1. Approved. Fax Number: 906-635-6855 wikiHow is where trusted research and expert knowledge come together. Therefore, if you want to have survivorship rights, make sure the deed includes language stating that the ownership is as joint tenants with rights of survivorship. The current owner the person giving away their rights to the property would be the grantor in the quit claim deed. American Academy of Estate Planning Attorneys. Phone Number: 517-437-2231 You die 50 years later, and your spouse decides to sell the house five years after that for $1 million. 401 E. Houghton Ave. Box 388 Paw Paw, Michigan 49079 White Cloud, MI 49349 We recommend that you consult an attorney or real estate professional for assistance in preparing the proper document that will convey the type of interest you want a particular person or entity to have in your property. 211 W. Main St. "Frequently Asked Questions on Gift Taxes." 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. Take the deed to your county recorder's office to have it notarized and recorded. Box 368 Iron Mountain, MI 49801 Phone Number: 989-362-2021 Fax Number: 231-689-7271 Ludington, MI 49431 In order to accomplish this, you can't just pen in the name on your deed. Phone Number: 989-790-5270 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. Many reasons might exist that would make you want to add someone to the deed to your house. This might end up activating the due-on-sale clause if it is part of your mortgage clauses. 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 new person acquiring an interest in the property would also be a grantee. These fees usually won't be more than $20. MCL 565.221. Allegan, MI 49010 Email: clerk@schoolcraftcounty.us 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. Munising, MI 48962 What form do I need in order to change my last name on the deed to my new married name? Ionia, MI 48846 Midland, MI 48640 P.O. Fax Number: 231-398-3544 If you're getting a copy from your local land registry office, search for your deed in their database or ask for assistance. 422 W. Lake Street She has an extended family of pets, including special needs animals. Stanton, MI 48888 Phone Number: 517-322-1144, Shiawassee County Register of Deeds If you want to transfer title to a friend or your child, the same principle applies. http://www.ioniacounty.org/register-of-deeds/, Iosco County Register of Deeds The deed must be notarized. 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. To continue the previous example, suppose you added your spouse to the deed for the house you bought for $100,000. http://www.sanilaccounty.net/PublicPages/Entity.aspx?ID=220, Schoolcraft County Register of Deeds When executed and notarized, the quitclaim deed legally overrides the current deed to your home. Check with a property law attorney if you want to create a joint tenancy and are unsure of the language to use. Fax Number: 231-882-0167 800 10th Street, Suite 200 Real Property 313-224-5854 Strike a line through any verbiage on the deed that does not apply to your circumstances. Phone Number: 989-895-4228 She received her JD from Indiana University Maurer School of Law in 2006. Email: rod@livgov.com "Keeping Your House Out of Probate." Detroit, MI 48226 Complete, review and sign the quitclaim or warranty form. Fax: 877-443-9505 720 W. Chisholm Street https://www.manisteecountymi.gov/363/Register-of-Deeds, Marquette County Register of Deeds Phone Number: 231-922-4753 not mine. Box 303 If you do not specify the type of ownership, the ownership will be presumed to be tenancy in common. 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. Accessed April 10, 2020. Use full legal names, and the appropriate language to create the type of co-ownership you've chosen. Include your name and the name of the person you want to add to your house title. https://www.clareclerkrod.com/register_of_deeds/index.php, Clinton County Register of Deeds Phone Number: 231-843-4466 https://www.gratiotmi.com/239/Register-of-Deeds, Hillsdale County Register of Deeds Email: register@miottawa.org Tenants by the Entirety. Box 70 P.O. Email: rod@chippewacountymi.gov https://www.accesskent.com/Departments/RegisterofDeeds/, Keweenaw County Register of Deeds 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. ", a right of survivorship. wikiHow marks an article as reader-approved once it receives enough positive feedback. 205 E. 11th St. Saginaw, MI 48602 To make changes to your property's deed, you must execute a new document rather than simply adding a name to your existing deed. how to add someone to a deed in michigan . 151 E. Huron Street Did you know you can get premium answers for this article? Box 111 Box 885 http://keweenawcountyonline.org/department-clerk.php, Lake County Register of Deeds Phone Number: 231-592-0148 https://www.co.marquette.mi.us/departments/register_of_deeds/index.php, Mason County Register of Deeds 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. Secretary of State Fill in the recording information. Email: registerofdeeds@picounty.org https://countyfusion3.kofiletech.us/countyweb/login.do?countyname=Eaton, Emmet County Register of Deeds However, this action can have a financially devastating outcome if you don't prepare in advance. Phone Number: 906-884-4255 https://alpenacounty.org/register-of-deeds/, Antrim County Register of Deeds The deed must list the name and business address of the person that prepared the deed. You will have to file a quitclaim deed and then file a new deed with joint ownership. Phone Number: 906-387-2076 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. Suite 400 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. Crystal Falls, MI 49920 unlocking this expert answer. West Olive, MI 49460 Note that banks are often trustees. In this case, if one dies, the other automatically becomes the sole owner of the property. For example, if you are adding a spouse to your house title, the deed transfer will be exempt from reassessment in many states. https://www.antrimcounty.org/departments___services_/register_of_deeds/index.php, Arenac County Register of Deeds http://alconacountymi.com/?page_id=390, Alger County Register of Deeds Phone Number: 989-672-3840 These clauses typically state that if you ask your lender for permission to add someone to your house title, they won't unreasonably refuse. Consumers Credit Union. https://www.geneseecountymi.gov/departments/register_of_deeds/index.php, Gladwin County Register of Deeds 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. 214 E. Center St Adding your spouses name to the deed will expose your property to any judgments against him. 287 W. Nepessing Street Suite 1 Generally speaking, adding another owner only makes the probate process more complicated. Box 377 County Administration Building http://www.benzieco.net/government/county_register_of_deeds/index.php, Berrien County Register of Deeds How do we add my name to note? 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. 401 W. Cedar Ave. This article was written by Jennifer Mueller, JD. Before you add someone to your house title, consider consulting an attorney to better understand the legal and financial repercussions of doing so. Keep in mind that you may lose property tax exemptions or be charged gift taxes for adding someone to your title. Home. References Email: rod@shiawassee.net 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":"