Property ownership, transfer laws and deed practices differ depending on the state in which you live. 250 E. Huron Avenue, Room 203 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. 200 North Main St. Suite 110 https://www.co.huron.mi.us/register-of-deeds, Ingham County Register of Deeds 101 Court Street This could result in far lower capital gains taxes. Adding someone to your deed means that you have transferred part of your property ownership or the whole property for that matter. She received her JD from Indiana University Maurer School of Law in 2006. Finally, neatly fill out your new deed, sign in the presence of a notary, and file the new deed at the county recorders office. Fax Number: 989-344-3223 Phone Number: 231-256-9682 Baldwin, MI 49304 Fax number: 906-663-4660 Monroe, MI 48161 http://www.co.grand-traverse.mi.us/587/Register-of-Deeds-Office, Gratiot County Register of Deeds Michigan Treasury Online Business Services, Homeowner's Principal Residence Exemption. Thanks to all authors for creating a page that has been read 206,090 times. Fax Number: 989-269-8786 Marie, MI 49783 What or who is a trustee of a trust? https://www.dickinsoncountymi.gov/government/county_departments/register_of_deeds/index.php, Eaton County Register of Deeds There are different forms of deeds depending on the situation involved. Fax: 989-785-8080 Get a copy of your current deed and select the type of new deed form you want to use. To make changes to your property's deed, you must execute a new document rather than simply adding a name to your existing deed. https://montcalm.org/government/register_of_deeds/index.php, Montmorency County Register of Deeds By using our site, you agree to our. 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. Misconceptions and Realities It is a misconception that someone can be "removed" from the deed. Unmarried people can own real estate together in one of two ways: joint tenants with rights of survivorship, or tenants in common. Use a typewriter or computer printer when filling in the information on the deed to ensure it is legible. Government Center "Avoiding Probate With a Transfer-on-Death Deed." You sign the deed as grantor, have it notarized and file it with the county's registry of deeds. Email: clerk@cheboygancounty.net Box 35 Property tax exemptions mean that you pay lower property taxes, and sometimes no property tax at all. You want to transfer the property from yourself to your spouse and yourself, making the two of you joint owners. The notary will charge a small fee to witness your signature and notarize your deed, typically less than $10. Email: register@masoncounty.net Planning & Economic Development. Gladwin, MI 48624 1045 Independence Blvd. Phone Number: 269-983-7111 ext. Kalamazoo, MI 49007 https://www.co.muskegon.mi.us/848/Register-of-Deeds, Newaygo County Register of Deeds Phone Number: 734-222-6700 http://gladwincounty-mi.gov/departments/register-of-deeds/, Gogebic County Register of Deeds Phone Number: 906-341-3618 http://www.livgov.com/rod/Pages/default.aspx, Luce County Register of Deeds Be aware that adding a person to your deed can cause you to lose property tax exemptions, based on how the deed is worded. Civil Rights, Inclusion & Opportunity Department. http://www.waynecounty.com/deeds/index.htm, Wexford County Register of Deeds 437 E. Division Transfer on Death Deed Information and Forms - Deeds.com P.O. MI Earned Income Tax Credit, Retirement Tax, and Inflation Relief Initiatives 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. To add a spouse to a deed, start by reading over your mortgage carefully with your spouse. The gift tax applies if you transfer ownership of property and receive nothing in return (or receive less than market value for the ownership interest you transferred). Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. 200 E Grand River 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. Fill in the recording information. By filing the quitclaim deed, you can add someone to the title of your home, in effect transferring a share of ownership. If you're getting a copy from your local land registry office, search for your deed in their database or ask for assistance. Suttons Bay, MI 49682-9718 Email: register@wexfordcounty.org This might not be an option if one of the owners does not have good credit. Fax Number: 231-724-6842 https://www.leelanau.gov/registerofdeeds.asp, Lenawee County Register of Deeds P.O. https://www.saginawcounty.com/departments/register-of-deeds/, Sanilac County Register of Deeds The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Without reading this article, I would have pursued a different route. Were committed to providing the world with free how-to resources, and even $1 helps us in our mission. Phone Number: 616-527-5320 Accessed April 10, 2020. Fax Number: 906-524-6432 Email: goodreauw@baragacounty.org http://www.kalkaskacounty.net/government/register_of_deeds/index.php, Kent County Register of Deeds The lawyers of Roberts & Roberts are Killeen attorneys providing legal services in the fields of real estate, probate, estate planning, and business law. Bad Axe, MI 48413 Fax Number: 810-985-4795 St. Joseph, MI 49085 "Adding someone to a deed" means transferring ownership to that person. P.O. 100 E. State Street, Suite 2500 Depending on how you claim the property, you may also need a spousal affidavit. Both people would acquire their interest in the property at the same time in the chain of title. Phone Number: 989-831-7337 Accessed April 10, 2020. Fax Number: 989-275-8640 Fax Number: 734-222-6528 How To Add a Name to Your Deed - The Balance Thank you. Box 296 Phone Number: 989-362-2021 http://www.barrycounty.org/departments_and_officials/officials/register_of_deeds/index.php, Bay County Register of Deeds Ideally, you won't just "add" your child's name to your existing deed. Phone Number: 231-922-4753 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. Phone Number: 989-731-7551 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. Make sure you select the one that best suits your needs. It doesn't matter whether money was exchanged or not. Phone Number: 231-882-0016 255 W. Main Street Ithaca, MI 48847 P.O. Enjoy! 205 E. 11th St. 422 W. Lake Street Fax Number: 906-875-0658 "Frequently Asked Questions on Gift Taxes." 8562 Mortgage and Deed to House 125 W. Main St. P.O. is not an easy one. If you want to transfer title to a friend or your child, the same principle applies. Fax Number 989-539-6616 Email: ROD@ioscocounty.org If you add your spouse to your deed, he will have to use your basis if he later sells the property. Phone Number: 269-945-1289 [1] When executed and notarized, the quitclaim deed legally overrides the current deed to your home. Crystal Falls, MI 49920 Phone Number: 231-723-2146 It doesn't matter whether you intended it to be a gift or not. 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. Traverse City, MI 49684 Mt. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date. The deed must list the name and business address of the person that prepared the deed. Become familiar with your spouses financial history before you decide to add his name to your deed. Email: rod@shiawassee.net If you live in a community property state, you can specify the home or land is community property with a right of survivorship. Also specify the type of ownership each party will have. Box 110 How to remove someone's name from a property deed - Finder The notary will need to verify your identity. Accessed April 10, 2020. 7064 Crowner Drive unlocking this expert answer. If you own your own home, you may decide that you want to add someone, such as a new spouse or an adult child, to your house title. 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 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: 906-337-2229 Or, it could be that you want the ownership of your property to go to your child in the event of your death. The most common scenario where you might want to add someone to your deed is if you own a home and you get married. 415 Third Street 5 Things to Know Before Adding Someone to the Deed - Wise Bread P.O. Get a copy of the title deed from your county clerk's office. There are two ways to get a deed. County Administration Building Ann Arbor, MI 48107-8645 Coldwater, MI 49036 Fax Number: 810-648-5461 Fax Number: 906-774-4660 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. Kalkaska, MI 49646 225 W. Main Street https://www.mecostacounty.org/government/rod.php, Menominee County Register of Deeds If wikiHow has helped you, please consider a small contribution to support us in helping more readers like you. 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. The current owner the person giving away their rights to the property would be the grantor in the quit claim deed. https://www.allegancounty.org/departments/register-of-deeds, Alpena County Register of Deeds https://www.co.midland.mi.us/RegisterofDeeds.aspx, Missaukee County Register of Deeds Then, sign the completed form in the presence of a notary before submitting it to the recorders office! However, not every state has this type of ownership, and the application is different in every state. 151 E. Huron Street 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. 200 N. Moore Street Removing Someone from a Real Estate Deed - Deeds.com 220 W. State St. Room 102 Box 800 Keep in mind that you may lose property tax exemptions or be charged gift taxes for adding someone to your title. Menominee, MI 49858 There's no harm in asking your bank or mortgage company if you can simply add a person to your mortgage. Fax Number: 906-293-5553 You also may have to pay any property taxes that have been reassessed as a result of the change in ownership. How do I add someone to my property title deeds? - Quittance Legal Services 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. 725 Greenland Road Box 885 A transfer on death (TOD) deed. Fax Number: 989-895-4296 If a male grantor is married, Michigan law has historically required his wife to sign the deed to release her dower rights. Phone Number: 517-279-4320 P.O. Fax Number: 517-546-5966 100 Marley Street It's revocable. Email: rod@berriencounty.org You die 50 years later, and your spouse decides to sell the house five years after that for $1 million. For example, Sacramento County charges a one-time tax of 1.1% of the value of the property when you file a new deed. 310 Ludington Street, Suite 104 Also, I did not know the deed has to be worded a certain way in order to avoid probate upon my death. Returning to the $100,000, suppose you create a TOD deed for your spouse. Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. Box 368 1101 Beach Street, Room 138 In this case, if one dies, the other automatically becomes the sole owner of the property. 401 E. Houghton Ave. Fax Number: 231-873-9218 Phone Number: 989-275-5931 If you want the property to automatically pass to the other owner with the death of one owner, choose a form of co-ownership that includes the "right to survivorship.". Tenants by the Entirety. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin are community property states. ", You must use specific language in your deed to create a joint tenancy. Phone Number: 989-317-4089 Joint Tenants. Phone Number: 989-354-9547 701 Main Street Phone Number: 989-846-9201 To learn more about tax liability associated with adding your spouse to a deed, read on! How To Add Someone To A Deed In Georgia - US Legal Forms http://www.sanilaccounty.net/PublicPages/Entity.aspx?ID=220, Schoolcraft County Register of Deeds Ste. E-mail:clerksoffice@macombgov.org When we bought a home, I was still not divorced. Fax Number: 517-676-7287 Register of Deeds - Michigan . http://www.arenaccountygov.com/register_of_deeds/, Baraga County Register of Deeds 705 S. Stephenson Ave. Phone Number: 906-293-5521 Sault Ste. https://www.lucecountymi.com/register-of-deeds, Mackinac County Register of Deeds If you simply add your child's name to your existing deed, they won't necessarily have rights of survivorship. Adam Luehrs is a writer during the day and a voracious reader at night. Each type of ownership carries unique characteristics, and factors such as financial ability, family relations and marital . Warranty deeds come with some type of . 111 S. Michigan Avenue Sacramento County Public Law Library. https://www.manisteecountymi.gov/363/Register-of-Deeds, Marquette County Register of Deeds Your state law may have other specific languages to use. IRS. MCL 565.8. Courthouse 100 W. Main Street Review your mortgage documents or contact your lender before initiating the process to change your deed. Michigan Works - Saint Clair. P.O. How to Add Names to Michigan Property Deeds | Pocketsense Phone Number: 989-875-5217 Another common question is, can you add someone to a deed if there is a mortgage? American Academy of Estate Planning Attorneys. Last Updated: February 22, 2023 Suite 400 We do not have any blank deed forms available in our office. If you have a tenancy by entirety, then it converts to tenancy in common. 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. Unless you know real estate and property records fairly well, it's usually safer to let the title company do it. Note that banks are often trustees. ", a right of survivorship. Tenancy by the entirety is only available for married couples and is not recognized in some states. Fax Number: 989-345-6221 720 W. Chisholm Street To learn more about tax liability associated with adding your spouse to a deed, read on! Email: mmerchant@gratiotmi.com If you do not specify the type of ownership, the ownership will be presumed to be tenancy in common. Phone Number: 906-643-7306 120 North Main Strike a line through any verbiage on the deed that does not apply to your circumstances. Accessed April 10, 2020. You can't have it both ways, however. The deed should include the grantor's marital status. She began working in the fitness industry in 1987, and her experience includes editing and publishing a workout manual. Phone Number: 231-839-4967 Ext 203 Michigan Deed Forms - eForms https://www.geneseecountymi.gov/departments/register_of_deeds/index.php, Gladwin County Register of Deeds There are four common ways to hold title to real estate in Michigan: Tenants in Common. Take the new deed to the county recorder's office. Public Works . These fees usually won't be more than $20. Before you add your spouse to your deed, its important that both of you understand how it potentially affects your tax liability so you can make an informed decision and not be caught unaware later on. 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.co.marquette.mi.us/departments/register_of_deeds/index.php, Mason County Register of Deeds Fax Number: 989-953-7219 Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. To continue the previous example, suppose you added your spouse to the deed for the house you bought for $100,000. Box 355 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. IRS. White Cloud, MI 49349 Phone Number: 616-994-4510 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. http://clerk.macombgov.org/Clerk-RegisterOfDeeds, Manistee County Register of Deeds You can't take it back When you add someone to the deed, all or a portion of your ownership is transferred to that person. This is also where you specify how the two of you will own the property. Fax Number: 616-994-4521 Phone Number: 231-873-4158 120 N. Grove Street Phone Number: 248-858-0581 806 W. Houghton Avenue, Room 104 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. 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. This might end up activating the due-on-sale clause if it is part of your mortgage clauses. https://www.casscountymi.org/154/Clerk-Register-Office, Charlevoix County Register of Deeds Hastings, MI, 49058 Thanks to all authors for creating a page that has been read 636,176 times. Be prepared for them to say no, howeverin fact, this will be their answer in most cases. Caro, MI 48723 Phone Number: 269-657-8242 http://www.baycounty-mi.gov/rod/, Benzie County Register of Deeds Fax Number: 989-731-7519 Bay City, MI 48708 Phone Number: 810-257-3060 "Joint Tenancy and Medicaid Eligibility." P.O. That means when you die, your spouse will absorb your ownership share of the property. A Michigan deed is a legal document used to convey property from an owner to a purchaser in Michigan. https://www.gogebiccountymi.gov/government/county_offices/register_of_deeds.php, Grand Traverse County Register of Deeds Include your email address to get a message when this question is answered. 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: 231-832-6113 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. http://lakecounty-michigan.com/Courthouse/RegisterofDeeds.aspx, Lapeer County Register of Deeds Fax Number: 269-982-8659 Fax Number: 231-882-0167 These clauses typically state that if you ask your lender for permission to add someone to your house title, they won't unreasonably refuse. 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. How to transfer property titles in Michigan becomes complicated in these cases because each owner only owns a portion of the property. Did you know you can get premium answers for this article? http://www.co.calhoun.mi.us/, Cass County Register of Deeds Email: regofdeeds@co.montcalm.mi.us Leave the notary section blank. However, this action can have a financially devastating outcome if you dont prepare in advance. P.O. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. https://www.miottawa.org/Departments/CountyClerk/ROD/, Presque Isle County Register of Deeds 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. Box 718 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: 231-547-7204 Phone Number: 989-269-9941 In order to accomplish this, you can't just pen in the name on your deed. Leave the notary section blank. Michigan.gov: Transfer of Ownership Guidelines PREPARED BY THE MICHIGAN STATE TAX COMMISSION. Complete, review and sign the quitclaim or warranty form. 400 Monroe, 7th Floor Phone Number: 269-467-5552 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. For example, "Suzy Sunshine and Martin Moon" or "Suzy Sunshine or Martin Moon. One thing to be careful of in this situation is title insurance coverage. : 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. Fax Number: 989 - 984-1101 Fax Number: 989-846-9166 Phone Number: 517-437-2231 My spouse died, how do I remove my spouse's name from my deed? http://schoolcraftcounty.net/government/elected-officials/clerk-and-register-of-deeds Pontiac, MI 48341-0480 Phone Number: 810-648-2313 Phone Number: 906-635-6312 Email: regdnan@dickinsoncountymi.gov One of the most common incorrect assumptions in real estate is that someone can be added to a deed. A present beneficiary of a trust is the person who has the enjoyment and beneficial use of the property during the life of the trust. Owners with separate interests won't have a right to survivorship of the other owner's interest. The difference between tenancy by the entirety and joint tenancy with right of survivorship is that if one spouse has debts, that spouse's creditors can't go after the other spouse's interest in the property to cover those debts.