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. 701 Main Street The new person acquiring an interest in the property would also be a grantee. Email: jwinton@oscodacountymi.com "I live in a home purchased 10 years ago by my now-deceased mom. 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. Fax Number: 517-546-5966 https://www.isabellacounty.org/departments/register-of-deeds/, Jackson County Register of Deeds 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. Include your email address to get a message when this question is answered. 287 W. Nepessing Street Suite 1 My spouse died, how do I remove my spouse's name from my deed? Phone Number: 517-676-7216 Box 8645 Phone Number: 231-745-4641 https://countyfusion3.kofiletech.us/countyweb/login.do?countyname=Eaton, Emmet County Register of Deeds P.O. Fax Number: 517-676-7287 You can do your title search yourself, or you can order one from the title company that issues your title insurance policy. http://www.lenawee.mi.us/259/Register-of-Deeds, Livingston County Register of Deeds 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 Phone Number: 989-345-0728 220 W. State St. Room 102 Phone Number: 906-387-2076 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. 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. Phone Number: 269-383-8970 To avoid probate, you must choose an ownership relationship that includes a right of survivorship. Phone Number: 734-240-7390 Take the deed to your county recorder's office to have it notarized and recorded. The best advice is to consult an attorney who specializes in these issues regarding the specifics of your situation. Getting married does not automatically transfer a property to become a tenancy by entirety. Phone Number: 231-258-3315 Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. 200 Grand River Avenue 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 may also have to pay a document transfer tax. Thank you. Accessed April 10, 2020. 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: 906-875-3321 Stanton, MI 48888 Phone Number: 231-533-6683 You, as the "grantor" -- the property owner -- make out a deed conveying title to two "grantees," yourself and your partner. 120 North Main Approved. Michigan.gov: Transfer of Ownership Guidelines PREPARED BY THE MICHIGAN STATE TAX COMMISSION. Bad Axe, MI 48413 Spell out ownership percentages only if the parties involved are to share ownership in a split other than 50-50. 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. Suite 400 Bessemer, MI 49911 Phone Number: 269-673-0390 Gaylord, MI 49735 County Administration Building Box 35 https://www.washtenaw.org/262/Clerk-Register-of-Deeds, Wayne County Register of Deeds Sacramento County Public Law Library. County Government Building "I did not know that my spouse's financial history would have an impact on certain benefits to which I am entitled. 173 East Apple Avenue ", https://www.consumer-action.org/english/articles/before_you_add_someone_to_your_title2006/, https://www.irs.gov/businesses/small-businesses-self-employed/gift-tax, https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-gift-taxes, https://saclaw.org/wp-content/uploads/sbs-completing-and-recording-deeds.pdf, https://www.americanbar.org/content/dam/aba/publishing/rpte_ereport/2015/2-March/enforceability_of_mortgage.authcheckdam.pdf, https://www.extension.iastate.edu/agdm/wholefarm/html/c4-51.html, http://realestate.findlaw.com/buying-a-home/do-you-need-title-insurance.html. 315 W. Green St. 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: 989-826-1156 You might want your spouse to automatically be able to retain ownership of the property if you should become deceased. 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.". Phone Number: 231-922-4753 Her work has appeared in various print and online publications. Box 377 Phone Number: 517-543-4203 Phone Number: 989-846-9201 Tenancy by the entirety is only available for married couples and is not recognized in some states. how to add someone to a deed in michigan. https://oceana.mi.us/departments/register-of-deeds/, Ogemaw County Register of Deeds Phone Number: 734-222-6700 The transfer is excluded from the gift tax if you're adding your spouse to your house title. 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. The notary will need to verify your identity. Phone Number: 906-884-4255 Phone Number: 231-873-4158 http://www.co.grand-traverse.mi.us/587/Register-of-Deeds-Office, Gratiot County Register of Deeds Phone Number: 616-632.7610 One of the most common questions about deeds is: Can a person's name be on a deed without being on the mortgage? http://www.masoncounty.net/departments/register-of-deeds/, Mecosta County Register of Deeds Houghton, MI 49931 Phone Number: 989-831-7337 http://schoolcraftcounty.net/government/elected-officials/clerk-and-register-of-deeds 401 W. Cedar Ave. Phone Number: 906-635-6312 Mt. Phone Number: 517-264-4538 Michigan Treasury Online Business Services, Homeowner's Principal Residence Exemption. Once youre sure you want to move forward, decide on what kind of co-ownership you want based on your situation. Phone Number: 269-945-1289 705 S. Stephenson Ave. Fax: 877-443-9505 Some states have a specific deed-holding status: Tenants in the entirety. P.O. 8527 E. Government Center Drive https://www.gratiotmi.com/239/Register-of-Deeds, Hillsdale County Register of Deeds Without reading this article, I would have pursued a different route. 401 E. Houghton Ave. You can buy one of these policies by paying a one-time fee, which typically is relatively low. If you simply add your child's name to your existing deed, they won't necessarily have rights of survivorship. Phone Number: 269-657-8242 not mine. She began working in the fitness industry in 1987, and her experience includes editing and publishing a workout manual. Phone Number: 906-863-2822 Some common exemptions include homestead exemptions or exemptions for people over the age of 65. http://www.charlevoixcounty.org/register_of_deeds/index.php, Cheboygan County Register of Deeds A deed and a mortgage are two separate things. Phone Number: 586-469-7953 https://www.missaukee.org/departments/clerk___register_of_deeds/index.php, Monroe County Register of Deeds Tenants by the Entirety. http://recording.crawfordco.org/recorder/web/, Delta County Register of Deeds https://www.geneseecountymi.gov/departments/register_of_deeds/index.php, Gladwin County Register of Deeds Mortgage and Deed to House However, this action can have a financially devastating outcome if you dont prepare in advance. Michigan Works - Saint Clair. Phone Number: 906-225-8415 Traverse City, MI 49684 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.". If a male grantor is married, Michigan law has historically required his wife to sign the deed to release her dower rights. If your mortgage contains a due upon sale clause, talk to your lender about adding someone to your deed. Lake City, MI 49651 Thanks to all authors for creating a page that has been read 636,176 times. 500 Lake St. Mason, MI 48854 Include your name and the name of the person you want to add to your house title. County Courthouse Building Enjoy! Box 800 P.O. Phone Number: 989-354-9547 Box 368 Go back to your county recorders office to get the deed recorded so it becomes part of the official property record. It can also affect inheritance rights of heirs and devisees. The short answer: No. 310 Ludington Street, Suite 104 Fax Number: 231-256-8149 Were committed to providing the world with free how-to resources, and even $1 helps us in our mission. emily in paris savoir office. 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. Real Property 313-224-5854 Corunna, MI 48817 However, this action can have a financially devastating outcome if you don't prepare in advance. Fax Number: 906-789-5179 Phone Number: 989-731-7551 You will have to file a quitclaim deed and then file a new deed with joint ownership. https://www.gogebiccountymi.gov/government/county_offices/register_of_deeds.php, Grand Traverse County Register of Deeds Kalkaska, MI 49646 Fax Number: 810-667-0293 Unless you know real estate and property records fairly well, it's usually safer to let the title company do it. Tawas City, MI 48764 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. Consumers Credit Union. Department of Public Works Email: register@masoncounty.net 60 W. Sanilac By using our site, you agree to our. Review your mortgage documents or contact your lender before initiating the process to change your deed. Note that banks are often trustees. Adam Luehrs is a writer during the day and a voracious reader at night. Box 195 Accessed April 10, 2020. In Michigan, a person must live more than 120 hours after their co-owner dies for the survivorship rights to take effect. Email: jdegraaf@kalkaskacounty.org Petoskey, MI 49770 It's revocable. Phone Number: 269-781-0707 Phone Number: 989-743-2216 Fax: 989-785-8080 When he sells it five years later for $1 million, he only owes capital gains taxes on $100,000. This is a law that allows a husband and wife to hold a piece of property as if they were a single entity. To add a spouse to a deed, start by reading over your mortgage carefully with your spouse. 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. how to add someone to a deed in michigan . Go to the county recorders office and get a quitclaim form. By using our site, you agree to our. Manistee, MI 49660 Phone Number: 616-527-5320 Leave the notary section blank. Email: clerk@cheboygancounty.net 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. Phone Number: 989-269-9941 Both her name and my son's name are on the deed. Phone Number: 231-839-4967 Ext 203 Phone Number: 906-789-5100 https://www.co.hillsdale.mi.us/index.php/tm-gov/tsm-gov-deeds, Houghton County Register of Deeds 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). There are different forms of deeds depending on the situation involved. Fax Number: 231-258-3345 Hart, MI 49420 Fax Number: 231-533-8317 This article has been viewed 206,090 times. 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. Paw Paw, Michigan 49079 Fax Number: 734-240-7395 Accessed April 10, 2020. unlocking this expert answer. In some cases, you may be able to order the deed online. wikiHow marks an article as reader-approved once it receives enough positive feedback. As a small thank you, wed like to offer you a $30 gift card (valid at GoNift.com). http://www.kalcounty.com/clerk/, Kalkaska County Register of Deeds Email: regofdeeds@co.montcalm.mi.us https://rod-eweb.clinton-county.org/recorder/web/, Crawford County Register of Deeds https://deltacountymi.org/register-of-deeds/, Dickinson County Register of Deeds Or, it could be that you want the ownership of your property to go to your child in the event of your death. In this case, 86% of readers who voted found the article helpful, earning it our reader-approved status. 515 Center Avenue Suite 102 Courthouse 100 W. Main Street There are four common ways to hold title to real estate in Michigan: Tenants in Common. Hillsdale MI 49242 Fax Number: 810-768-7965 Make sure you select the one that best suits your needs. 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. If you do not specify the type of ownership, the ownership will be presumed to be tenancy in common. Returning to the $100,000, suppose you create a TOD deed for your spouse. https://www.stjosephcountymi.org/government/register-of-deeds, Tuscola County Register of Deeds https://www.accesskent.com/Departments/RegisterofDeeds/, Keweenaw County Register of Deeds A Michigan deed is a legal document used to convey property from an owner to a purchaser in Michigan. You should contact your attorney to obtain advice with respect to any particular issue or problem. Otherwise, there is a presumption that the ownership interest will be equal. This article was written by Jennifer Mueller, JD. 220 W. Ellsworth Street https://www.deeds.com/recorder/michigan/alger/, Allegan County Register of Deeds 214 E. Center St Please Note: The Register of Deeds Office does not prepare or change documents and cannot provide legal assistance. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. P.O. How to transfer property titles in Michigan becomes complicated in these cases because each owner only owns a portion of the property. FindLaw: What's the Difference Between Joint Tenants with Survivorship and Tenants in Common? Box 367 200 N. Main Street There are 8 references cited in this article, which can be found at the bottom of the page. Use a typewriter or computer printer when filling in the information on the deed to ensure it is legible. 422 W. Lake Street How you add the person to your title affects whether the surviving owner must go through probate. 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.