Cheboygan, MI 49721 Box 8645 Phone Number: 989-354-9547 This might end up activating the due-on-sale clause if it is part of your mortgage clauses. Fill in the recording information. 100 N. State Street The deed must list the name and business address of the person that prepared the deed. These exemptions vary among states. P.O. http://www.waynecounty.com/deeds/index.htm, Wexford County Register of Deeds https://www.mecostacounty.org/government/rod.php, Menominee County Register of Deeds For example, "Suzy Sunshine and Martin Moon" or "Suzy Sunshine or Martin Moon. You should also purchase title insurance in case there is a lien or other claim on the land that the title search didn't bring up. P.O. Phone Number: 231-627-8808 Using a quit claim deed is often the simplest method of bringing on another owner. Depending on how you claim the property, you may also need a spousal affidavit. Email: jdegraaf@kalkaskacounty.org 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. 7064 Crowner Drive 400 Boardman Fax Number: 989-269-8786 Alpena, MI 49707 P.O. P.O. https://presqueislecounty.org/register-of-deeds/, Roscommon County Register of Deeds Phone Number: 517-546-0270 800 10th Street, Suite 200 The transfer is excluded from the gift tax if you're adding your spouse to your house title. Phone Number: 231-592-0148 To learn more about tax liability associated with adding your spouse to a deed, read on! Make sure you select the one that best suits your needs. https://www.vanburencountymi.gov/499/Register-of-Deeds, Washtenaw County Register of Deeds Ontonagon, MI 49953 Bay City, MI 48708 http://clerk.macombgov.org/Clerk-RegisterOfDeeds, Manistee County Register of Deeds With a tenancy by the entirety, one spouse cannot take out a mortgage on the property or do anything else to encumber the property without the consent of the other spouse. P.O. Fax Number: 231-258-3345 Then, sign the completed form in the presence of a notary before submitting it to the recorders office! https://www.newaygocountymi.gov/departments/register-of-deeds/home/, Oakland County Register of Deeds Grand Rapids, MI 49503 Phone Number: 810-648-2313 111 S. Michigan Avenue The new person acquiring an interest in the property would also be a grantee. Laws regarding deed transfer in Michigan also allow joint tenancy, which is joint ownership between multiple owners, such as a group of business partners. wikiHow is where trusted research and expert knowledge come together. Her work has appeared in various print and online publications. https://www.allegancounty.org/departments/register-of-deeds, Alpena County Register of Deeds Phone Number: 269-467-5552 Sacramento County Public Law Library. To avoid probate, you must choose an ownership relationship that includes a right of survivorship. Phone Number: 989-724-9450 Your county recorders office will have a list of ways to claim property. http://www.sanilaccounty.net/PublicPages/Entity.aspx?ID=220, Schoolcraft County Register of Deeds Email: deeds@co.muskegon.mi.us 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 Real Property 313-224-5854 http://lapeercountyweb.org/index.php/departments/register-of-deeds, Leelanau County Register of Deeds 422 W. Lake Street 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. These clauses typically state that if you ask your lender for permission to add someone to your house title, they won't unreasonably refuse. Approved. http://www.barrycounty.org/departments_and_officials/officials/register_of_deeds/index.php, Bay County Register of Deeds For example, if he has a bad debt, his creditor can sue and force the sale of your property to pay it off. When executed and notarized, the quitclaim deed legally overrides the current deed to your home. Fax Number: 989-731-7519 https://www.co.marquette.mi.us/departments/register_of_deeds/index.php, Mason County Register of Deeds Email: register@miottawa.org This most simple answer is yes. Roberts and Roberts, L.L.P. 208 N. Shiawassee Street What or who is a trustee of a trust? Personal Property 313-224-5860 Fax Number: 231-237-0106 Otherwise, there is a presumption that the ownership interest will be equal. 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. We do not have any blank deed forms available in our office. Accessed April 10, 2020. 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. Email: rdeeds@gogebic.org Box 368 720 W. Chisholm Street Fax Number: 517-543-4134 The separate interest refers to the monetary interest in the property. 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. Phone Number: 989-345-0728 Box 111 . Box 388 MCL 565.221. FindLaw: What's the Difference Between Joint Tenants with Survivorship and Tenants in Common? Phone Number: 517-788-4350 Phone Number: 517-264-4538 Adrian, MI 49221 My spouse died, how do I remove my spouse's name from my deed? http://www.osceola-county.org/residents/county_departments/register_deeds/index.php, Oscoda County Register of Deeds Phone Number: 586-469-7953 Finally, neatly fill out your new deed, sign in the presence of a notary, and file the new deed at the county recorders office. Box 800 Fax Number: 269-982-8659 Department of Public Works https://www.stjosephcountymi.org/government/register-of-deeds, Tuscola County Register of Deeds If you are added to the deed of someone else's home, you are not automatically responsible for the mortgage and payments, only if they add you to the mortgage, too. https://www.co.huron.mi.us/register-of-deeds, Ingham County Register of Deeds Include your name and the name of the person you want to add to your house title. 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. https://www.co.hillsdale.mi.us/index.php/tm-gov/tsm-gov-deeds, Houghton County Register of Deeds Thank you. 101 Court Street Talk to a property law attorney if you're interested in creating a tenancy by the entirety. Civil Rights, Inclusion & Opportunity Department. Detroit, MI 48226 She has an extended family of pets, including special needs animals. https://www.geneseecountymi.gov/departments/register_of_deeds/index.php, Gladwin County Register of Deeds Lake City, MI 49651 605 N. Birch St. Fax Number: 989-354-9646 Strike a line through any verbiage on the deed that does not apply to your circumstances. June 14, 2022. P.O. You can do your title search yourself, or you can order one from the title company that issues your title insurance policy. 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). Fax Number: 906-643-1178 To learn more about tax liability associated with adding your spouse to a deed, read on! Phone Number: 906-341-3618 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. Home. https://www.accesskent.com/Departments/RegisterofDeeds/, Keweenaw County Register of Deeds Fax Number: 989 - 984-1101 http://schoolcraftcounty.net/government/elected-officials/clerk-and-register-of-deeds Ann Arbor, MI 48107-8645 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. Petoskey, MI 49770 Phone Number: 989-846-9201 To create a tenancy in common, you would use "and" or "or" between the names of the property owners on the deed. Fax Number: 810-768-7965 Use a typewriter or computer printer when filling in the information on the deed to ensure it is legible. Once it's done, you can't take it back unless the person. 301 W. Upton 8527 E. Government Center Drive Holding Title: Tenants vs. "Tenants". Coldwater, MI 49036 http://gladwincounty-mi.gov/departments/register-of-deeds/, Gogebic County Register of Deeds Box 355 Phone Number: 989-875-5217 Especially with large lenders, it isn't uncommon to get a bill for the balance of the mortgage when the transfer is complete. 200 E Grand River Box 399 Lenawee County Courthouse There are two ways to get a deed. 400 Elm Street 125 W. Lincoln St. When we bought a home, I was still not divorced. If wikiHow has helped you, please consider a small contribution to support us in helping more readers like you. Crystal Falls, MI 49920 Iron Mountain, MI 49801 Eagle River, MI 49950 Some financial institutions give consent, allowing you to add another person to your property deed without requiring you pay off your loan. Phone Number: 616-527-5320 Phone Number: 989-426-7551 5095 4th St. Marquette, MI 49855 Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin are community property states. 304 E. Ludington Ave. County Building Mt. 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. Phone Number: 231-533-6683 P.O. http://www.lenawee.mi.us/259/Register-of-Deeds, Livingston County Register of Deeds A deed and a mortgage are two separate things. Fax Number: 616-632-7615 One of the most common incorrect assumptions in real estate is that someone can be added to a deed. 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. https://www.antrimcounty.org/departments___services_/register_of_deeds/index.php, Arenac County Register of Deeds 401 W. Cedar Ave. Sandusky, MI 48471 P.O. https://www.co.monroe.mi.us/549/Register-of-Deeds, Montcalm County Register of Deeds Box 538 Many of these reasons involve marriage, moving in together, divorce or estate issues. About the Author. http://www.menomineecounty.com/departments/?department=4a30b23c515d, Midland County Register of Deeds If you live in a community property state, you can specify the home or land is community property with a right of survivorship. Box 110 Phone Number: 231-689-7246 Misconceptions and Realities It is a misconception that someone can be "removed" from the deed. 400 Monroe, 7th Floor Box 269 https://www.montcounty.org/register-of-deeds.html, Muskegon County Register of Deeds In Michigan, a person must live more than 120 hours after their co-owner dies for the survivorship rights to take effect. Fax Number: 906-225-8420 Phone Number: 906-482-1311 P.O. You should contact your attorney to obtain advice with respect to any particular issue or problem. In some cases, you may be able to order the deed online. It doesn't matter whether money was exchanged or not. 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. Fax: 989-785-8080 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. Were committed to providing the world with free how-to resources, and even $1 helps us in our mission. Phone Number: 269-673-0390 You will have to file a transfer of the deed to gain ownership of the property during the divorce. When he sells it five years later for $1 million, he only owes capital gains taxes on $100,000. Planning & Economic Development. 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. Phone Number: 989-275-5931 Hart, MI 49420 Estate Planning in Michigan Using a Ladybird Deed. 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. 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.". 1087 Newell St. 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. Accessed April 10, 2020. 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. Hillsdale MI 49242 Phone Number: 989-224-5270 St. Ignace, MI 49781 Part 1 Understanding How It Works Download Article 1 Contact your lender. Port Huron, MI 48060 Adding someone to your deed means that you have transferred part of your property ownership or the whole property for that matter. There are 8 references cited in this article, which can be found at the bottom of the page. Monroe, MI 48161 Saginaw, MI 48602 how to add someone to a deed in michigan . "Joint Tenancy and Medicaid Eligibility." This might not be an option if one of the owners does not have good credit. 448 Court Place "Estate Tax." She received her JD from Indiana University Maurer School of Law in 2006. P.O. P.O. Phone Number: 231-258-3315 The best advice is to consult an attorney who specializes in these issues regarding the specifics of your situation. 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. Also specify the type of ownership each party will have. If you own the property as joint tenants with rights of survivorship and one of the owners dies, the entire property will pass to the other owner. Phone Number: 231-922-4753 Phone Number: 989-348-2841 If you're getting a copy from your local land registry office, search for your deed in their database or ask for assistance. Jennifer Mueller is an in-house legal expert at wikiHow. 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. Email: dsimmons@ogemawcountymi.gov Grayling, MI 49738 E-mail:clerksoffice@macombgov.org 725 Greenland Road Phone Number: 989-362-2021 Atlanta, MI 49709 Standish, MI 48658 It's awesome and well-written, very clear on how, "Understanding how to add me to the deed, I had no idea of the consequences. Newberry, MI 49868 Fax Number: 734-222-6528 https://www.dickinsoncountymi.gov/government/county_departments/register_of_deeds/index.php, Eaton County Register of Deeds Nor can a co-owner simply take away another party's interest in a property by executing a new deed without that other party. Accessed April 10, 2020. ", a right of survivorship. Suttons Bay, MI 49682-9718 Phone Number: 989-785-8079 Paw Paw, Michigan 49079 Box 789 Fax Number:517-264-4543 The property transfer occurs automatically at the prior owner's death, avoiding probate. Fax Number: 989-345-6221 Approved. There are different forms of deeds depending on the situation involved. Use it to try out great new products and services nationwide without paying full pricewine, food delivery, clothing and more. 401 E. Houghton Ave. http://rd.ingham.org/departments_and_officials/register_of_deeds/index.php, Ionia County Register of Deeds Roscommon, MI 48653-7664 Email: register@wexfordcounty.org https://www.ocmi.us/register-of-deeds/, Ontonagon County Register of Deeds Phone Number: 989-831-7337 Elle Di Jensen has been a writer and editor since 1990. Email: goodreauw@baragacounty.org The types of transfers that are excluded vary among states. Also, I did not know the deed has to be worded a certain way in order to avoid probate upon my death. Feel free to contact us with your questions, concerns or needs by email or by phone at 989-224-5270. County Administration Building Allegan, MI 49010 310 Ludington Street, Suite 104 When transferring equity to add a name to your property's title deeds, your conveyancing solicitor will: To transfer equity on a property or land, it will be necessary to: Obtain and review a copy of the property's title from HM Land Registry (HMLR) Prepare the transfer deed legal documents. That applies only to married couples. Strike a line through any verbiage on the deed that does not apply to your circumstances. Here's a way to pass the interest in your home deed onwhile you're alive. Thanks to all authors for creating a page that has been read 636,176 times. Transferring ownership of a house also means your property will likely be reassessed for tax purposes. Cadillac, MI 49601 http://www.co.grand-traverse.mi.us/587/Register-of-Deeds-Office, Gratiot County Register of Deeds In the cases of tenancy by entirety and joint tenancy, a deed transfer must take place. https://rod-eweb.clinton-county.org/recorder/web/, Crawford County Register of Deeds International Center Marie, MI 49783 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. 234 W. Baraga Avenue Information deemed reliable but not guaranteed, you should always confirm this information with the proper agency prior to acting. https://oceana.mi.us/departments/register-of-deeds/, Ogemaw County Register of Deeds Phone Number: 269-983-7111 ext. 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. West Olive, MI 49460 Fax Number: 906-293-5553 Jensen attended Idaho and Boise State Universities. Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. Email: ROD@ioscocounty.org This is a law that allows a husband and wife to hold a piece of property as if they were a single entity. This article was written by Jennifer Mueller, JD. The notary will need to verify your identity. That means he could pay substantially more in capital gains taxes than if he acquired the property when you died. https://www.co.muskegon.mi.us/848/Register-of-Deeds, Newaygo County Register of Deeds Fax Number: 313-224-5884
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