219 Paw Paw Street, Suite 102 How you add the person to your title affects whether the surviving owner must go through probate. Phone Number: 231-832-6113 P.O. You may also have to pay a document transfer tax. When he sells it five years later for $1 million, he only owes capital gains taxes on $100,000. 1045 Independence Blvd. 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. When executed and notarized, the quitclaim deed legally overrides the current deed to your home. Owners with separate interests won't have a right to survivorship of the other owner's interest. Phone Number: 906-524-6100, ext. Harrisville, MI 48740 As long as you retain interest in the home, its still going to go through probate. 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). [1] "Joint Tenancy and Medicaid Eligibility." Accessed April 10, 2020. how to add someone to a deed in michigan . Escanaba, MI 49829 Fax Number: 231-627-8453 http://clerk.macombgov.org/Clerk-RegisterOfDeeds, Manistee County Register of Deeds Your county recorders office will have a list of ways to claim property. Fax Number: 517-676-7287 Depending on how you claim the property, you may also need a spousal affidavit. Phone Number: 231-689-7246 Secretary of State Fax Number:517-264-4543 Pontiac, MI 48341-0480 111 South Canal Street Next, obtain a quitclaim form from the county recorders office where the property is located. Suite M-3 There's no harm in asking your bank or mortgage company if you can simply add a person to your mortgage. Box 789 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. You're not guaranteeing you have any interest at all, or that you have particular ownership or possession rights. 605 N. Birch St. Phone Number: 517-543-4203 Phone Number: 906-387-2076 Fax Number: 616-994-4521 The deed should include the grantor's marital status. Note that banks are often trustees. Phone Number: 989-348-2841 415 Third Street Tenancy by the entirety is only available for married couples and is not recognized in some states. Box 538 emily in paris savoir office. P.O. Fax Number: 989-731-7519 Ontonagon, MI 49953 300 Walnut Street, Room 164 701 Main Street Without reading this article, I would have pursued a different route. Fax Number: 906-789-5179 Jackson, MI 49201 In Michigan, a person must live more than 120 hours after their co-owner dies for the survivorship rights to take effect. Fax Number: 906-863-8839 P.O. 304 E. Ludington Ave. A transfer on death (TOD) deed. Spell out ownership percentages only if the parties involved are to share ownership in a split other than 50-50. Box 399 319 Court Street If you add your spouse to your deed, he will have to use your basis if he later sells the property. https://www.deeds.com/recorder/michigan/alger/, Allegan County Register of Deeds 100 Marley Street 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. 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. Phone Number: 231-723-2146 720 W. Chisholm Street 300 Monroe Avenue, NW wikiHow is where trusted research and expert knowledge come together. Phone Number: 989-672-3840 Phone Number: 810-257-3060 200 Grand River Avenue Baldwin, MI 49304 In this case, 91% of readers who voted found the article helpful, earning it our reader-approved status. P.O. Fax Number: 810-648-5461 http://lakecounty-michigan.com/Courthouse/RegisterofDeeds.aspx, Lapeer County Register of Deeds 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. Government Center Uniform Commercial Code Section I want to sell it, but have back taxes. Phone Number: 517-322-1144, Shiawassee County Register of Deeds 2 S. Main St. Suite 301 Traverse City, MI 49684 Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. Phone Number: 734-222-6700 However, this action can have a financially devastating outcome if you dont prepare in advance. Fax Number: 231-689-7271 This is also where you specify how the two of you will own the property. If you do not specify the type of ownership, the ownership will be presumed to be tenancy in common. The current owner the person giving away their rights to the property would be the grantor in the quit claim deed. 113 Chestnut Street http://www.kalkaskacounty.net/government/register_of_deeds/index.php, Kent County Register of Deeds Fax Number: 906-387-2156 Research source. 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. https://montcalm.org/government/register_of_deeds/index.php, Montmorency County Register of Deeds Be prepared for them to say no, howeverin fact, this will be their answer in most cases. 51 S Macomb St http://www.tuscolacounty.org/rod/, Van Buren County Register of Deeds Howell, MI 48843 Adam Luehrs is a writer during the day and a voracious reader at night. Suite 105 As a small thank you, wed like to offer you a $30 gift card (valid at GoNift.com). 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. Phone Number: 989-426-7551 Add language to the deed specifying what percent of the property you and the person you are adding owns, if necessary. http://www.lenawee.mi.us/259/Register-of-Deeds, Livingston County Register of Deeds If the value of the gift exceeds the annual exclusion limit ($16,000 for 2022) the donor will need to file a gift tax return (via Form 709) to report the transfer. Harrison, MI 48625 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. Once youre sure you want to move forward, decide on what kind of co-ownership you want based on your situation. https://www.stclaircounty.org/offices/register_of_deeds/, St. Joseph County Register of Deeds 151 E. Huron Street Mt. References One thing that many people do not realize is that transfer of the deed is different from the transfer of the mortgage responsibility. 201 W. Kalamazoo Avenue Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. P.O. 255 W. Main Street Phone Number: 269-467-5552 The notary will charge a small fee to witness your signature and notarize your deed, typically less than $10. What or who is a trustee of a trust? Cadillac, MI 49601 https://www.casscountymi.org/154/Clerk-Register-Office, Charlevoix County Register of Deeds St. Johns, MI 48879-1580 Paw Paw, Michigan 49079 401 E. Houghton Ave. 1200 N. Telegraph When you use a quitclaim deed, you're only transferring any ownership interest you have. Nor can a co-owner simply take away another party's interest in a property by executing a new deed without that other party. P.O. She began working in the fitness industry in 1987, and her experience includes editing and publishing a workout manual. https://www.antrimcounty.org/departments___services_/register_of_deeds/index.php, Arenac County Register of Deeds If wikiHow has helped you, please consider a small contribution to support us in helping more readers like you. These fees usually won't be more than $20. When you add a person to your deed, you're essentially giving them a gift of a percentage of your property. You'll need to transfer an interest by writing up another deed with the person's name on it. Consumers Credit Union. How to transfer property titles in Michigan becomes complicated in these cases because each owner only owns a portion of the property. Fax Number: 231-779-5352 315 W. Green St. 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. % of people told us that this article helped them. Especially with large lenders, it isn't uncommon to get a bill for the balance of the mortgage when the transfer is complete. X Phone Number: 517-279-4320 Box 269 Phone Number: 616-527-5320 This article has been viewed 206,090 times. The short answer: No. 214 E. Center St It can also affect inheritance rights of heirs and devisees. By using our site, you agree to our. Instead, you'll create a new deed with a group of owners, perhaps you, your spouse, and your child. Fax Number: 906-643-1178 Cheboygan, MI 49721 His capital gain would be $900,000. 100 E. State Street, Suite 2500 Gladwin, MI 48624 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. Atlanta, MI 49709 My spouse died, how do I remove my spouse's name from my deed? Phone Number: 269-983-7111 ext. 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. 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. You sign the deed as grantor, have it notarized and file it with the county's registry of deeds. Elle Di Jensen has been a writer and editor since 1990. Phone Number: 231-258-3315 Phone Number: 231-839-4967 Ext 203 Phone Number: 248-858-0581 This article was written by Jennifer Mueller, JD. https://www.geneseecountymi.gov/departments/register_of_deeds/index.php, Gladwin County Register of Deeds The steps to add a person to a property deed as joint owner are the same if you own your home outright -- except you bypass the step that deals with reviewing your mortgage and contacting your lender. You will have to file a transfer of the deed to gain ownership of the property during the divorce. Record the TOD with your county recorder of deeds, and rest assured that your loved one automatically owns your house when you have passed. Phone Number: 989-785-8079 Phone Number: 989-831-7337 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. Grayling, MI 49738 To create a tenancy in common, you would use "and" or "or" between the names of the property owners on the deed. 100 N. State Street Both people would acquire their interest in the property at the same time in the chain of title. Sacramento County Public Law Library. https://www.co.hillsdale.mi.us/index.php/tm-gov/tsm-gov-deeds, Houghton County Register of Deeds Jennifer Mueller is an in-house legal expert at wikiHow. The notary will need to verify your identity. County Building https://www.co.monroe.mi.us/549/Register-of-Deeds, Montcalm County Register of Deeds Some states require extra steps, such . 515 Center Avenue Suite 102 When executed and notarized, the quitclaim deed legally overrides the current deed to. 287 W. Nepessing Street Suite 1 not mine. https://oceana.mi.us/departments/register-of-deeds/, Ogemaw County Register of Deeds The deed must be notarized. Strike a line through any verbiage on the deed that does not apply to your circumstances. To add someone to your house title, you must create a new deed that transfers the title of the property to both you and the other person. Phone Number: 269-383-8970 To make changes to your property's deed, you must execute a new document rather than simply adding a name to your existing deed. If you live in a community property state, you can specify the home or land is community property with a right of survivorship. Make sure you select the one that best suits your needs. Obtain a blank quit claim deed form from an office supply store, attorney or title company. Phone Number: 231-843-4466 Phone Number: 989-724-9450 Box 8645 Email: ROD@ioscocounty.org Thanks to all authors for creating a page that has been read 636,176 times. International Center 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. Pleasant, MI 48858 http://recording.crawfordco.org/recorder/web/, Delta County Register of Deeds 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. Otherwise, there is a presumption that the ownership interest will be equal. Stanton, MI 48888 Charlotte, MI 48813 Phone Number: 231-882-0016 205 E. 11th St. Marquette, MI 49855 Approved. Email: jwinton@oscodacountymi.com 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. https://www.co.muskegon.mi.us/848/Register-of-Deeds, Newaygo County Register of Deeds http://www.osceola-county.org/residents/county_departments/register_deeds/index.php, Oscoda County Register of Deeds By signing up you are agreeing to receive emails according to our privacy policy. "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! That means he could pay substantially more in capital gains taxes than if he acquired the property when you died. Fax Number: 989-832-6842 There are four common ways to hold title to real estate in Michigan: Tenants in Common.