Fax Number: 989-826-1156 200 Grand River Avenue For more detailed information on how to add someone to your house title, scroll down. 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. Also, I did not know the deed has to be worded a certain way in order to avoid probate upon my death. 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. Atlanta, MI 49709 Please contact an attorney for any legal questions you may have. 870 S. Main Then, sign the completed form in the presence of a notary before submitting it to the recorders office! In some areas, your spouse also must sign the deed. Flint, MI 48502 437 E. Division Box 110 515 Center Avenue Suite 102 208 N. Shiawassee Street not mine. To add a joint owner to your property dead, you'll first need to check your loan documents or call your lender to determine responsibilities and policies. Phone Number: 989-875-5217 Fax Number: 989-734-0506 P.O. Fax Number: 989-846-9166 P.O. Leave the notary section blank. Before you add someone to your house title, consider consulting an attorney to better understand the legal and financial repercussions of doing so. Box 438 We use cookies to make wikiHow great. Phone Number: 231-843-4466 Box 399 https://www.stjosephcountymi.org/government/register-of-deeds, Tuscola County Register of Deeds Phone Number: 517-264-4538 "Joint Tenancy and Medicaid Eligibility." 319 Court Street Phone Number: 231-348-1761 Bad Axe, MI 48413 Her work has appeared in various print and online publications. 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. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin are community property states. 255 W. Main Street Clemens, MI 48043 County Courthouse Building Jennifer Mueller is an in-house legal expert at wikiHow. Petoskey, MI 49770 Beulah, MI 49617 Articles Real Estate Deeds Made Easy Since 1997. That means he could pay substantially more in capital gains taxes than if he acquired the property when you died. 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. "Frequently Asked Questions on Gift Taxes." You will have to file a quitclaim deed and then file a new deed with joint ownership. wikiHow marks an article as reader-approved once it receives enough positive feedback. Once youre sure you want to move forward, decide on what kind of co-ownership you want based on your situation. Phone Number: 231-839-4967 Ext 203 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 Pontiac, MI 48341-0480 Munising, MI 48962 Email: register@wexfordcounty.org 234 W. Baraga Avenue To add a spouse to a deed, start by reading over your mortgage carefully with your spouse. Phone Number: 906-293-5521 The separate interest refers to the monetary interest in the property. were I to add him to my deed. You can buy one of these policies by paying a one-time fee, which typically is relatively low. Use it to try out great new products and services nationwide without paying full pricewine, food delivery, clothing and more. http://www.countyoffice.org/mi-ontonagon-county-recorder-of-deeds/, Osceola County Register of Deeds Box 367 Lapeer, MI 48446 Fax Number: 269-781-0720 Fax Number: 989-895-4296 Kalamazoo, MI 49007 Box 377 Fax Number: 906-789-5179 Otherwise, married couples usually claim property as tenants by the entirety. In order to accomplish this, you can't just pen in the name on your deed. 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. Ste. One thing to be careful of in this situation is title insurance coverage. Fax Number: 269-467-5593 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. Did you know you can get premium answers for this article? A deed and a mortgage are two separate things. 8562 Phone Number: 231-724-6271 Phone Number: 989-317-4089 Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. 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. Houghton, MI 49931 Phone Number: 989-743-2216 The person selling the property is often called the "grantor" while the person buying the property is called the "grantee". 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. http://lapeercountyweb.org/index.php/departments/register-of-deeds, Leelanau County Register of Deeds How to transfer property titles in Michigan becomes complicated in these cases because each owner only owns a portion of the property. Feel free to contact us with your questions, concerns or needs by email or by phone at 989-224-5270. Your county recorders office will have a list of ways to claim property. "Adding someone to a deed" means transferring ownership to that person. 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. FindLaw: What's the Difference Between Joint Tenants with Survivorship and Tenants in Common? 400 Elm Street 220 W. Ellsworth Street Phone Number: 906-635-6312 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. Instead, you'll create a new deed with a group of owners, perhaps you, your spouse, and your child. 401 E. Houghton Ave. Fax Number: 989-832-6842 Menominee, MI 49858 211 W. Main St. 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. The deed should include the grantor's marital status. You might want your spouse to automatically be able to retain ownership of the property if you should become deceased. Adding someone to your deed means that you have transferred part of your property ownership or the whole property for that matter. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date. Email: register@masoncounty.net Phone Number: 906-643-7306 806 W. Houghton Avenue, Room 104 Email: deeds@co.muskegon.mi.us Charlevoix, MI 49720 https://www.allegancounty.org/departments/register-of-deeds, Alpena County Register of Deeds 205 E. 11th St. Phone Number: 231-689-7246 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. 300 Walnut Street, Room 164 Box 355 Phone Number: 906-774-0955 Lenawee County Courthouse 200 North Main St. Suite 110 214 E. Center St Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. Email: clerk@schoolcraftcounty.us She began working in the fitness industry in 1987, and her experience includes editing and publishing a workout manual. 23 E. Pearl Street https://www.missaukee.org/departments/clerk___register_of_deeds/index.php, Monroe County Register of Deeds how to add someone to a deed in michigan . Record the TOD with your county recorder of deeds, and rest assured that your loved one automatically owns your house when you have passed. http://www.kalkaskacounty.net/government/register_of_deeds/index.php, Kent County Register of Deeds It doesn't matter whether money was exchanged or not. Ann Arbor, MI 48107-8645 The current owner the person giving away their rights to the property would be the grantor in the quit claim deed. Unlike some other types of property, you can't just add their name to the existing deed. Planning & Economic Development. If your mortgage contains a due upon sale clause, talk to your lender about adding someone to your deed. This article was written by Jennifer Mueller, JD. Civil Rights, Inclusion & Opportunity Department. Bay City, MI 48708 Fax Number: 989-790-5278 Phone Number: 989-846-9201 Fill in the recording information. June 14, 2022. 701 Main Street By filing the quitclaim deed, you can add someone to the title of your home, in effect transferring a share of ownership. Suttons Bay, MI 49682-9718 https://oceana.mi.us/departments/register-of-deeds/, Ogemaw County Register of Deeds If you do not specify the type of ownership, the ownership will be presumed to be tenancy in common. Strike a line through any verbiage on the deed that does not apply to your circumstances. https://www.saginawcounty.com/departments/register-of-deeds/, Sanilac County Register of Deeds Fax Number: 517-543-4134 100 E. State Street, Suite 2500 The easiest and most common way to do this is with a quitclaim deed and the refiling of a new deed with joint ownership. http://lakecounty-michigan.com/Courthouse/RegisterofDeeds.aspx, Lapeer County Register of Deeds Phone Number: To learn more about tax liability associated with adding your spouse to a deed, read on! In California, you can. Reed City, MI 49677 Paw Paw, Michigan 49079 Ionia, MI 48846 Take the new deed to the county recorder's office. This is a law that allows a husband and wife to hold a piece of property as if they were a single entity. Sault Ste. Coldwater, MI 49036 Home. Approved. Phone Number: 616-994-4510 100 N. State Street 120 N. Grove Street Some states have a specific deed-holding status: Tenants in the entirety. Phone Number: 269-383-8970 . In this case, 86% of readers who voted found the article helpful, earning it our reader-approved status. Phone Number: 810-667-0211 Email: goodreauw@baragacounty.org Tawas City, MI 48764 151 E. Huron Street P.O. "I live in a home purchased 10 years ago by my now-deceased mom. Laws regarding deed transfer in Michigan also allow joint tenancy, which is joint ownership between multiple owners, such as a group of business partners. 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. Phone Number: 517-437-2231 Tenancy by the entirety is only available for married couples and is not recognized in some states. When we bought a home, I was still not divorced. 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. Big Rapids, MI 49307 : 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. County Government Building Mio, MI 48647 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. Email: jwinton@oscodacountymi.com 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: 989-785-8079 111 South Canal Street https://keweenawbay.org/government/departments/county-clerk-register-of-deeds/, Barry County Register of Deeds Joint Tenants with Full Rights of Survivorship. Get a copy of the title deed from your county clerk's office. Harrisville, MI 48740 If a male grantor is married, Michigan law has historically required his wife to sign the deed to release her dower rights. P.O. 698 One of the most common incorrect assumptions in real estate is that someone can be added to a deed. P.O. County Building P.O. Email: mmerchant@gratiotmi.com Holding Title: Tenants vs. "Tenants". Fax Number: 616-632-7615 P.O. Fax Number: 616-994-4521 Accessed April 10, 2020. Fax Number: 231-237-0106 Fax Number: 231-258-3345 500 Lake St. Fax Number: 517-676-7287 605 N. Birch St. To learn more about tax liability associated with adding your spouse to a deed, read on! https://www.co.midland.mi.us/RegisterofDeeds.aspx, Missaukee County Register of Deeds Bring a government-issued photo ID with you when you get your signature notarized. https://www.clareclerkrod.com/register_of_deeds/index.php, Clinton County Register of Deeds P.O. Ideally, you won't just "add" your child's name to your existing deed. Fax Number: 906-225-8420 [1] Fax Number: 810-985-4795 Real Property 313-224-5854 Or, it could be that you want the ownership of your property to go to your child in the event of your death. He focuses mostly on finance writing and has a passion for real estate, credit card deals, and investing. Returning to the $100,000, suppose you create a TOD deed for your spouse. Phone Number: 906-875-3321 http://schoolcraftcounty.net/government/elected-officials/clerk-and-register-of-deeds Each type of ownership carries unique characteristics, and factors such as financial ability, family relations and marital . ", You must use specific language in your deed to create a joint tenancy. Phone Number: 269-657-8242 Adding your spouses name to the deed will expose your property to any judgments against him. MCL 565.221. She received her JD from Indiana University Maurer School of Law in 2006. You'll become joint tenants with rights of survivorship. Standish, MI 48658 P.O. However, not every state has this type of ownership, and the application is different in every state. In short, no one can be passively removed from a title. 304 E. Ludington Ave. 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. You can do your title search yourself, or you can order one from the title company that issues your title insurance policy. If you look at your property tax statement, it should indicate whether you're receiving any property tax exemptions. Fax Number: 231-256-8149 200 E Grand River Grayling, MI 49738 You should contact your attorney to obtain advice with respect to any particular issue or problem. Using a quit claim deed is often the simplest method of bringing on another owner. Phone Number: 269-673-0390 One thing that many people do not realize is that transfer of the deed is different from the transfer of the mortgage responsibility. P.O. Port Huron, MI 48060 International Center https://www.gratiotmi.com/239/Register-of-Deeds, Hillsdale County Register of Deeds 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. 120 W. Michigan Avenue E-mail:clerksoffice@macombgov.org Include your email address to get a message when this question is answered. Email: jdegraaf@kalkaskacounty.org Talk to a property law attorney if you're interested in creating a tenancy by the entirety. Note that banks are often trustees. Phone Number: 906-337-2229 Phone Number: 906-482-1311 Jensen attended Idaho and Boise State Universities. Nor can a co-owner simply take away another party's interest in a property by executing a new deed without that other party. Phone Number: 989-672-3840 https://www.dickinsoncountymi.gov/government/county_departments/register_of_deeds/index.php, Eaton County Register of Deeds https://www.stclaircounty.org/offices/register_of_deeds/, St. Joseph County Register of Deeds Phone Number: 248-858-0581 http://www.roscommoncounty.net/196/Register-of-Deeds, Saginaw County Register of Deeds http://www.osceola-county.org/residents/county_departments/register_deeds/index.php, Oscoda County Register of Deeds 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. Roberts and Roberts, L.L.P. Alpena, MI 49707 This article taught me things I did not know. Phone Number: 989-354-9547 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. 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. http://www.benzieco.net/government/county_register_of_deeds/index.php, Berrien County Register of Deeds http://www.kalcounty.com/clerk/, Kalkaska County Register of Deeds How you add the person to your title affects whether the surviving owner must go through probate. Harrison, MI 48625 Roscommon, MI 48653-7664 310 Ludington Street, Suite 104 Survivorship (outliving your co-owner) affects more than just the four types of jointly owned property. https://www.co.muskegon.mi.us/848/Register-of-Deeds, Newaygo County Register of Deeds If avoiding probate is a priority, an attorney can help you find the best method to add the other person to your house title. How do I add someone to my deed? Fax Number: 906-774-4660 You will have to file a transfer of the deed to gain ownership of the property during the divorce. Stanton, MI 48888 P.O. Eagle River, MI 49950 705 S. Stephenson Ave. How do we add my name to note? If you are adding a spouse or a child to your house title, the transfer typically will be excluded from reassessment. 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. 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. 125 W. Main St. 120 N. Broadway Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. https://www.berriencounty.org/296/Register-of-Deeds, Branch County Register of Deeds Maybe you just got married and would like your new spouse listed as part owner of your home. Newberry, MI 49868 Phone Number: 517-543-4203 Court House Box 609 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. Depending on how you claim the property, you may also need a spousal affidavit. Cassopolis, MI 49031 Traverse City, MI 49684 Research source. Box 296 Saginaw, MI 48602 By using our site, you agree to our. https://www.deeds.com/recorder/michigan/alger/, Allegan County Register of Deeds http://www.co.grand-traverse.mi.us/587/Register-of-Deeds-Office, Gratiot County Register of Deeds You will have to file a quitclaim deed and then file a new deed with joint ownership. Phone Number: 517-546-0270 We use cookies to make wikiHow great. You, as the "grantor" -- the property owner -- make out a deed conveying title to two "grantees," yourself and your partner.
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