Fax Number:517-264-4543 MCL 565.221. Box 111 Marie, MI 49783 125 W. Main St. Coldwater, MI 49036 wikiHow is where trusted research and expert knowledge come together. Fax Number: 231-845-7977 Marshall, MI 49068 Be prepared for them to say no, howeverin fact, this will be their answer in most cases. 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). 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. She received her JD from Indiana University Maurer School of Law in 2006. Or, it could be that you want the ownership of your property to go to your child in the event of your death. Room 136 Phone Number: 906-875-3321 These exemptions vary among states. Fax Number: 616-994-4521 My spouse died, how do I remove my spouse's name from my deed? Feel free to contact us with your questions, concerns or needs by email or by phone at 989-224-5270. IRS. Cheboygan, MI 49721 Fax Number: 810-985-4795 https://alpenacounty.org/register-of-deeds/, Antrim County Register of Deeds Buildings, Safety Engineering and Environmental Department. We use cookies to make wikiHow great. Sandusky, MI 48471 There are 8 references cited in this article, which can be found at the bottom of the page. Gladwin, MI 48624 Phone Number: 989-275-5931 https://www.antrimcounty.org/departments___services_/register_of_deeds/index.php, Arenac County Register of Deeds 234 W. Baraga Avenue 51 S Macomb St 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 You'll become joint tenants with rights of survivorship. https://www.casscountymi.org/154/Clerk-Register-Office, Charlevoix County Register of Deeds Box 8645 Leave the notary section blank. Government Center When we bought a home, I was still not divorced. Some states require extra steps, such . One thing to be careful of in this situation is title insurance coverage. Flint, MI 48502 One of the most common incorrect assumptions in real estate is that someone can be added to a deed. 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. Box 376 Box 5 870 S. Main Spell out ownership percentages only if the parties involved are to share ownership in a split other than 50-50. Phone Number: 989-354-9547 About the Author. West Olive, MI 49460 8562 Get a copy of your current deed and select the type of new deed form you want to use. The most common way to remove someone from a deed is through a deed of conveyance, such as a quitclaim or warranty deed. If you want to transfer title to a friend or your child, the same principle applies. 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. P.O. Box 70 If you look at your property tax statement, it should indicate whether you're receiving any property tax exemptions. There are four common ways to hold title to real estate in Michigan: Tenants in Common. Phone Number: 231-873-4158 https://www.stclaircounty.org/offices/register_of_deeds/, St. Joseph County Register of Deeds Email: jwinton@oscodacountymi.com 1087 Newell St. 698 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. 310 Ludington Street, Suite 104 Pontiac, MI 48341-0480 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. As a small thank you, wed like to offer you a $30 gift card (valid at GoNift.com). Adding your spouses name to the deed will expose your property to any judgments against him. Generally speaking, adding another owner only makes the probate process more complicated. Phone Number: 989-731-7551 L'Anse, MI 49946 The types of transfers that are excluded vary among states. Some financial institutions give consent, allowing you to add another person to your property deed without requiring you pay off your loan. Unless you know real estate and property records fairly well, it's usually safer to let the title company do it. Ithaca, MI 48847 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. 225 W. Main Street His capital gain would be $900,000. http://lakecounty-michigan.com/Courthouse/RegisterofDeeds.aspx, Lapeer County Register of Deeds The new person acquiring an interest in the property would also be a grantee. Fax Number: 313-224-5884 http://www.barrycounty.org/departments_and_officials/officials/register_of_deeds/index.php, Bay County Register of Deeds "What Is Joint Tenancy and When Should I Use It?" If you simply add your child's name to your existing deed, they won't necessarily have rights of survivorship. 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. Keep in mind that you may lose property tax exemptions or be charged gift taxes for adding someone to your title. P.O. "Joint Tenancy and Medicaid Eligibility." Fax Number: 989-354-9646 Phone Number: 906-337-2229 Mortgage and Deed to House 301 W. Upton These companies will charge significantly more money than you would pay if you got a copy directly from the recorder's office. How to transfer property titles in Michigan becomes complicated in these cases because each owner only owns a portion of the property. Rogers City, MI 49779 Fax Number: 517-546-5966 Become familiar with your spouses financial history before you decide to add his name to your deed. 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. "I live in a home purchased 10 years ago by my now-deceased mom. For example, "Suzy Sunshine and Martin Moon" or "Suzy Sunshine or Martin Moon. Caro, MI 48723 You can buy one of these policies by paying a one-time fee, which typically is relatively low. Go back to your county recorders office to get the deed recorded so it becomes part of the official property record. Fill in the recording information. Fax Number: 810-667-0293 Public Works . Alpena, MI 49707 This might not be an option if one of the owners does not have good credit. https://www.emmetcounty.org/officials-departments/register-of-deeds/, Genesee County Register of Deeds ", 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. P.O. Bring a government-issued photo ID with you when you get your signature notarized. is not an easy one. Use it to try out great new products and services nationwide without paying full pricewine, food delivery, clothing and more. How you add the person to your title affects whether the surviving owner must go through probate. http://recording.crawfordco.org/recorder/web/, Delta County Register of Deeds Jennifer Mueller is an in-house legal expert at wikiHow. 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. Fax Number: 231-533-8317 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. Michigan.gov: Transfer of Ownership Guidelines PREPARED BY THE MICHIGAN STATE TAX COMMISSION. Your county recorders office will have a list of ways to claim property. Phone Number: 989-832-6820 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. Bessemer, MI 49911 Atlanta, MI 49709 If you add someone to the property deed and you are responsible for the mortgage, your lending institution might require you to refinance the loan in both names. Charlotte, MI 48813 If you are in one of these situations, you might be wondering how to add someone to your house deed if you live in Michigan. https://www.gogebiccountymi.gov/government/county_offices/register_of_deeds.php, Grand Traverse County Register of Deeds Approved. Email: registerofdeeds@emmetcounty.org Phone Number: 517-788-4350 Harrisville, MI 48740 Suite M-3 P.O. 401 E. Houghton Ave. https://www.co.marquette.mi.us/departments/register_of_deeds/index.php, Mason County Register of Deeds Fax Number: 906-643-1178 Fax Number: 269-445-4453 P.O. Jackson, MI 49201 Phone Number: 906-774-0955 Lapeer, MI 48446 She received her JD from Indiana University Maurer School of Law in 2006. http://www.roscommoncounty.net/196/Register-of-Deeds, Saginaw County Register of Deeds It doesn't matter whether you intended it to be a gift or not. Leave the notary section blank. 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. 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. http://www.charlevoixcounty.org/register_of_deeds/index.php, Cheboygan County Register of Deeds Fax Number: 989-275-8640 8527 E. Government Center Drive Adrian, MI 49221 MCL 565.201a. 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.". Mt. Phone Number: 734-222-6700 "Frequently Asked Questions on Gift Taxes." To learn more about tax liability associated with adding your spouse to a deed, read on! Warranty deeds come with some type of . Fax Number: 231-689-7271 "The Trade-Offs of Repealing Step-Up in Basis." Fax Number: 989-426-6902 It's revocable. Monroe, MI 48161 For example, if you are adding a spouse to your house title, the deed transfer will be exempt from reassessment in many states. http://keweenawcountyonline.org/department-clerk.php, Lake County Register of Deeds Cassopolis, MI 49031 The answer to the question, "How do you add a joint owner to a property?" 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. Fax Number:231-839-3684 Phone Number: 269-383-8970 Fax Number: 906-875-0658 If you do not specify the type of ownership, the ownership will be presumed to be tenancy in common. In this case, 86% of readers who voted found the article helpful, earning it our reader-approved status. Email: rod@shiawassee.net Fax Number: 231-237-0106 Unlike some other types of property, you can't just add their name to the existing deed. 7064 Crowner Drive Phone Number: 231-779-9455 Adam Luehrs is a writer during the day and a voracious reader at night. Harrison, MI 48625 Without reading this article, I would have pursued a different route. To add a spouse to a deed, start by reading over your mortgage carefully with your spouse. Phone Number: 231-258-3315 For example, if he has a bad debt, his creditor can sue and force the sale of your property to pay it off. Fill out the form and sign it before a notary to make the transfer legal. One of the most common questions about deeds is: Can a person's name be on a deed without being on the mortgage? 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. unlocking this expert answer. Phone Number: 989-790-5270 You, as the "grantor" -- the property owner -- make out a deed conveying title to two "grantees," yourself and your partner. P.O. http://www.houghtoncounty.net/directory-register-of-deeds.php, Huron County Register of Deeds Returning to the $100,000, suppose you create a TOD deed for your spouse. This is wonderful!". Fax Number: 231-398-3544 Enjoy! Email: deeds@co.muskegon.mi.us Fax Number: 989-790-5278 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. You may also have to pay a document transfer tax. Menominee, MI 49858 "Estate Tax." Use a typewriter or computer printer when filling in the information on the deed to ensure it is legible. However, in practice, they may refuse regardless of who you're adding to your house title or why. This means if the property was sold, you would get 80 percent of the money from the sale and your sister would get the remaining 20 percent. Instead, you'll create a new deed with a group of owners, perhaps you, your spouse, and your child. The deed should include the grantor's marital status. Email: register@wexfordcounty.org I can now proceed with an easier and, "I asked if I could do this, and I not only got an answer, but also step-by-step instructions. http://www.lenawee.mi.us/259/Register-of-Deeds, Livingston County Register of Deeds Also, I did not know the deed has to be worded a certain way in order to avoid probate upon my death. P.O. The lawyers of Roberts & Roberts are Killeen attorneys providing legal services in the fields of real estate, probate, estate planning, and business law. Phone Number: 810-989-6930 http://www.co.grand-traverse.mi.us/587/Register-of-Deeds-Office, Gratiot County Register of Deeds When he sells it five years later for $1 million, he only owes capital gains taxes on $100,000. Then, you will have to file a quitclaim deed and then refile another deed to add the new person to the house deed. Fax Number: 989-734-0506 The best advice is to consult an attorney who specializes in these issues regarding the specifics of your situation. By using our site, you agree to our. P.O. Fax Number: 231-348-1773 Phone Number: 989-831-7337 Pleasant, MI 48858 Fax Number: 269-982-8659 100 Marley Street 448 Court Place Note that banks are often trustees. 407 West Harrie St. 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. 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. Tenancy by the entirety is only available for married couples and is not recognized in some states. Phone Number: 231-723-2146 http://www.masoncounty.net/departments/register-of-deeds/, Mecosta County Register of Deeds Phone Number: 989-539-7131 Big Rapids, MI 49307 200 N. Main Street 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. Clemens, MI 48043 how to add someone to a deed in michigan . Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. 300 Walnut Street, Room 164 120 W. Michigan Avenue Note: A deed is an instrument used to transfer ownership (title) to another person. Phone Number: 906-387-2076 Phone Number: 269-673-0390 West Branch, MI 48661 Phone Number: 906-225-8415 https://www.miottawa.org/Departments/CountyClerk/ROD/, Presque Isle County Register of Deeds Phone Number: 269-945-1289 Be aware that adding a person to your deed can cause you to lose property tax exemptions, based on how the deed is worded. 2 South 6th Street, Suite 11 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. 200 E Grand River To continue the previous example, suppose you added your spouse to the deed for the house you bought for $100,000. 341 S. Jefferson Room 201 Sacramento County Public Law Library. A deed and a mortgage are two separate things. Stanton, MI 48888 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. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. Box 800 Box 438 Take the new deed to the county recorder's office. http://www.countyoffice.org/mi-ontonagon-county-recorder-of-deeds/, Osceola County Register of Deeds 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. 151 E. Huron Street 2 S. Main St. Box 789 Phone Number: 269-445-4464 Phone Number: 906-635-6312 P.O. 214 E. Center St Finally, neatly fill out your new deed, sign in the presence of a notary, and file the new deed at the county recorders office. https://www.ocmi.us/register-of-deeds/, Ontonagon County Register of Deeds Sault Ste. E-mail:clerksoffice@macombgov.org If you're getting a copy from your local land registry office, search for your deed in their database or ask for assistance. Adding someone to your deed means that you have transferred part of your property ownership or the whole property for that matter. The notary will charge a small fee to witness your signature and notarize your deed, typically less than $10. Phone Number: 517-676-7216 219 Paw Paw Street, Suite 102 https://www.vanburencountymi.gov/499/Register-of-Deeds, Washtenaw County Register of Deeds Fax: 989-785-8080 http://lapeercountyweb.org/index.php/departments/register-of-deeds, Leelanau County Register of Deeds Talk to a property law attorney if you're interested in creating a tenancy by the entirety. Especially with large lenders, it isn't uncommon to get a bill for the balance of the mortgage when the transfer is complete. Fax Number: 616-632-7615 Fax Number: 906-774-4660 1101 Beach Street, Room 138 P.O. Phone Number: 248-858-0581 Fax Number: 734-222-6528 Hastings, MI, 49058 Port Huron, MI 48060 For more detailed information on how to add someone to your house title, scroll down. Phone Number: 906-884-4255 Charlevoix, MI 49720 Phone Number: 231-689-7246 If your mortgage contains a due upon sale clause, talk to your lender about adding someone to your deed. Email: clerk@schoolcraftcounty.us When executed and notarized, the quitclaim deed legally overrides the current deed to. 725 Greenland Road 100 E. State Street, Suite 2500 1. Fax Number: 906-337-2253 http://www.livgov.com/rod/Pages/default.aspx, Luce County Register of Deeds Phone Number: 810-648-2313 You should contact your attorney to obtain advice with respect to any particular issue or problem. Tax Foundation. Fax Number: 989-731-7519 Phone Number: 269-467-5552 255 W. Main Street Owners with separate interests won't have a right to survivorship of the other owner's interest. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. What form do I need in order to change my last name on the deed to my new married name? Both her name and my son's name are on the deed. Bay City, MI 48708 The deed must be notarized. You might want your spouse to automatically be able to retain ownership of the property if you should become deceased. Another common question is, can you add someone to a deed if there is a mortgage? Ontonagon, MI 49953 Phone Number: 906-863-2822 https://oceana.mi.us/departments/register-of-deeds/, Ogemaw County Register of Deeds Accessed April 10, 2020. 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. 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. : 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. 515 Center Avenue Suite 102 Email: rdeeds@gogebic.org 208 N. Shiawassee Street 205 E. 11th St. X Obtain a blank quit claim deed form from an office supply store, attorney or title company. The most common scenario where you might want to add someone to your deed is if you own a home and you get married. Phone Number: 906-341-3618 The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. P.O. http://schoolcraftcounty.net/government/elected-officials/clerk-and-register-of-deeds Go to the county recorders office and get a quitclaim form. Phone Number: 586-469-7953 Email: regdnan@dickinsoncountymi.gov Once youre sure you want to move forward, decide on what kind of co-ownership you want based on your situation. Phone Number: 906-293-5521 113 Chestnut Street In short, no one can be passively removed from a title. https://www.deeds.com/recorder/michigan/alger/, Allegan County Register of Deeds P.O. Phone Number: 989-724-9450 The easiest and most common way to do this is with a quitclaim deed and the refiling of a new deed with joint ownership. If you live in a community property state, you can specify the home or land is community property with a right of survivorship. https://keweenawbay.org/government/departments/county-clerk-register-of-deeds/, Barry County Register of Deeds 1200 N. Telegraph It can also affect inheritance rights of heirs and devisees. Also specify the type of ownership each party will have. Fax Number: 906-863-8839 Use full legal names, and the appropriate language to create the type of co-ownership you've chosen. P.O. {"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":"