You should contact your attorney to obtain advice with respect to any particular issue or problem. If your goal is to avoid probate, you must specify in the deed that you are claiming as joint tenants with a right of survivorship. Fax Number: 231-258-3345 Charlevoix, MI 49720 Both her name and my son's name are on the deed. It can also affect inheritance rights of heirs and devisees. Newberry, MI 49868 This might end up activating the due-on-sale clause if it is part of your mortgage clauses. wikiHow is where trusted research and expert knowledge come together. For example, "Suzy Sunshine and Martin Moon" or "Suzy Sunshine or Martin Moon. You can do your title search yourself, or you can order one from the title company that issues your title insurance policy. You may also have to pay a document transfer tax. Register of Deeds | Clinton County, MI Lansing, MI 48918-1900 Email: ROD@ioscocounty.org Holding Title: Tenants vs. "Tenants". You also may have to pay any property taxes that have been reassessed as a result of the change in ownership. 301 N. Main St. There are four common ways to hold title to real estate in Michigan: Tenants in Common. "Keeping Your House Out of Probate." http://www.kalcounty.com/clerk/, Kalkaska County Register of Deeds Misconceptions and Realities It is a misconception that someone can be "removed" from the deed. However, this action can have a financially devastating outcome if you don't prepare in advance. Fax Number: 313-224-5884 http://www.oakgov.com/clerkrod/Pages/default.aspx, Oceana County Register of Deeds 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. Civil Rights, Inclusion & Opportunity Department. You may have to fill out a form to have the deed officially recorded, as well as pay a small fee. About the Author. Fax Number: 231-237-0106 Phone Number: 231-779-9455 341 S. Jefferson Room 201 In some areas, your spouse also must sign the deed. Use a typewriter or computer printer when filling in the information on the deed to ensure it is legible. Email: register@miottawa.org If you simply add your child's name to your existing deed, they won't necessarily have rights of survivorship. Without reading this article, I would have pursued a different route. 301 State Street Grayling, MI 49738 Phone Number: 269-383-8970 https://www.dickinsoncountymi.gov/government/county_departments/register_of_deeds/index.php, Eaton County Register of Deeds Email: registerofdeeds@emmetcounty.org how to add someone to a deed in michigan. Hillsdale MI 49242 wikiHow marks an article as reader-approved once it receives enough positive feedback. Email: register@wexfordcounty.org https://ironmi.com/register-of-deeds, Isabella County Register of Deeds Maybe you just got married and would like your new spouse listed as part owner of your home. Step 1: Download the MI quitclaim deed form. https://alpenacounty.org/register-of-deeds/, Antrim County Register of Deeds Phone Number: 231-843-4466 P.O. If you have a tenancy by entirety, then it converts to tenancy in common. Survivorship (outliving your co-owner) affects more than just the four types of jointly owned property. Phone Number: 906-293-5521 Quitclaim deeds in Michigan can give the grantee different types of rights. Phone Number: 989-875-5217 The notary will need to verify your identity. "Gave me the clear directions I needed and informed me that what I really want to do, claiming as joint tenants with, "I was so happy to find this article, it answered all my questions! Menominee, MI 49858 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. She received her JD from Indiana University Maurer School of Law in 2006. https://countyfusion3.kofiletech.us/countyweb/login.do?countyname=Eaton, Emmet County Register of Deeds 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. This article was written by Jennifer Mueller, JD. Email: jwinton@oscodacountymi.com Wayne County Register of Deeds | City of Detroit Howell, MI 48843 Ideally, you won't just "add" your child's name to your existing deed. Alpena, MI 49707 Personal Property 313-224-5860 Phone Number: 989-831-7337 Box 8645 http://www.iosco.net/departments/register-of-deeds/, Iron County Register of Deeds 220 W. Ellsworth Street 5095 4th St. Box 388 http://www.cheboygancounty.net/county-clerkregister-of-deeds-11/, Chippewa 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. Some financial institutions give consent, allowing you to add another person to your property deed without requiring you pay off your loan. In short, no one can be passively removed from a title. 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. Suite 105 https://www.casscountymi.org/154/Clerk-Register-Office, Charlevoix County Register of Deeds Box 168 How Can I Add a Person to My House Deed? | Home Guides | SF Gate The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. My son has no interest in the property and has his own. Then, you will have to file a quitclaim deed and then refile another deed to add the new person to the house deed. She began working in the fitness industry in 1987, and her experience includes editing and publishing a workout manual. Accessed April 10, 2020. Department of Public Works 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. Phone Number: 989-826-1116 Jensen attended Idaho and Boise State Universities. How to Add Someone to a Deed* - Roberts & Roberts Law Firm Gladwin, MI 48624 One thing that many people do not realize is that transfer of the deed is different from the transfer of the mortgage responsibility. 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. Fax Number: 906-789-5179 My spouse died, how do I remove my spouse's name from my deed? Include your email address to get a message when this question is answered. Buildings, Safety Engineering and Environmental Department. Phone Number: 248-858-0581 Adding someone to your deed means that you have transferred part of your property ownership or the whole property for that matter. P.O. https://www.ocmi.us/register-of-deeds/, Ontonagon County Register of Deeds This article was written by Jennifer Mueller, JD. http://www.charlevoixcounty.org/register_of_deeds/index.php, Cheboygan County Register of Deeds P.O. Approved. Fill in the recording information. Another common question is, can you add someone to a deed if there is a mortgage? Before you add someone to your house title, consider consulting an attorney to better understand the legal and financial repercussions of doing so. Email: rod@livgov.com These companies will charge significantly more money than you would pay if you got a copy directly from the recorder's office. If wikiHow has helped you, please consider a small contribution to support us in helping more readers like you. Fax Number: 989-826-1156 https://www.leelanau.gov/registerofdeeds.asp, Lenawee County Register of Deeds https://www.co.muskegon.mi.us/848/Register-of-Deeds, Newaygo County Register of Deeds Email: rod@berriencounty.org How to Add Names to Michigan Property Deeds | Pocketsense Leave the notary section blank. Otherwise, married couples usually claim property as tenants by the entirety. 220 W. State St. Room 102 How you add the person to your title affects whether the surviving owner must go through probate. When we bought a home, I was still not divorced. http://clerk.macombgov.org/Clerk-RegisterOfDeeds, Manistee County Register of Deeds Standish, MI 48658 Phone Number: 989-539-7131 Accessed April 10, 2020. Fax Number: 269-467-5593 1200 N. Telegraph Suttons Bay, MI 49682-9718 401 W. Cedar Ave. https://www.mecostacounty.org/government/rod.php, Menominee County Register of Deeds https://www.countyofbranch.com/departments/register-of-deeds/, Calhoun County Register of Deeds Suite M-3 His capital gain would be $900,000. https://www.otsegocountymi.gov/259/Register-of-Deeds, Ottawa County Register of Deeds Go to the county recorders office and get a quitclaim form. Fax Number: 989-734-0506 One thing to be careful of in this situation is title insurance coverage. 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. 5 Things to Know Before Adding Someone to the Deed - Wise Bread By using our site, you agree to our. http://www.houghtoncounty.net/directory-register-of-deeds.php, Huron County Register of Deeds 120 W. Michigan Avenue Part 1 Understanding How It Works Download Article 1 Contact your lender. You may also have to pay a document transfer tax. Suite 212 https://www.gratiotmi.com/239/Register-of-Deeds, Hillsdale County Register of Deeds Fax Number: 989-953-7219 West Branch, MI 48661 The new person acquiring an interest in the property would also be a grantee. 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. 214 E. Center St Sacramento County Public Law Library. 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. Here's a way to pass the interest in your home deed onwhile you're alive. Be prepared for them to say no, howeverin fact, this will be their answer in most cases. County Administration Building If you need a Bell County attorney, we would welcome the opportunity to assist you. St. Ignace, MI 49781 . Pleasant, MI 48858 A Michigan deed is a legal document used to convey property from an owner to a purchaser in Michigan. Monroe, MI 48161 219 Paw Paw Street, Suite 102 8562 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. Cadillac, MI 49601 Phone Number: 269-781-0707 How to remove someone's name from a property deed - Finder These clauses typically state that if you ask your lender for permission to add someone to your house title, they won't unreasonably refuse. For example, if you are adding a spouse to your house title, the deed transfer will be exempt from reassessment in many states. Box 35 Phone Number: 231-689-7246 Tawas City, MI 48764 Box 367 How to transfer property titles in Michigan becomes complicated in these cases because each owner only owns a portion of the property. 113 Chestnut Street It doesn't matter whether money was exchanged or not. P.O. Uniform Commercial Code Section 401 E. Houghton Ave. Fax Number: 989-895-4296 Phone Number: 269-467-5552 This article has been viewed 206,090 times. https://presqueislecounty.org/register-of-deeds/, Roscommon County Register of Deeds 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. 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. Thank you. 407 West Harrie St. X Include your email address to get a message when this question is answered. How do we add my name to note? Lake City, MI 49651 In this case, if one dies, the other automatically becomes the sole owner of the property. Email: registerofdeeds@picounty.org Fax Number: 269-781-0720 Consumers Credit Union. FAQs: Property Deeds in Muskegon - Bowen Law Corunna, MI 48817 "Estate Tax." Fax Number: 989-790-5278 Phone Number: Note: A deed is an instrument used to transfer ownership (title) to another person. % of people told us that this article helped them. http://www.kalkaskacounty.net/government/register_of_deeds/index.php, Kent County Register of Deeds Note that banks are often trustees. Email: regofdeeds@co.montcalm.mi.us Phone Number: 989-846-9201 ", a right of survivorship. https://www.geneseecountymi.gov/departments/register_of_deeds/index.php, Gladwin County Register of Deeds P.O. Support wikiHow by Suite 400 Phone Number: 810-989-6930 If avoiding probate is a priority, an attorney can help you find the best method to add the other person to your house title. Use full legal names, and the appropriate language to create the type of co-ownership you've chosen. To learn more about tax liability associated with adding your spouse to a deed, read on! https://www.emmetcounty.org/officials-departments/register-of-deeds/, Genesee County Register of Deeds http://www.livgov.com/rod/Pages/default.aspx, Luce County Register of Deeds https://www.stjosephcountymi.org/government/register-of-deeds, Tuscola County Register of Deeds Marquette, MI 49855 IRS. How to Add a Person to a Property Deed as a Joint Owner 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. Accessed April 10, 2020. http://www.countyoffice.org/mi-ontonagon-county-recorder-of-deeds/, Osceola County Register of Deeds Bring a government-issued photo ID with you when you get your signature notarized. 211 W. Main St. How Do I Add Another Person to My House Deed? - The Nest Building 12 East To learn more about tax liability associated with adding your spouse to a deed, read on! Talk to a property law attorney if you're interested in creating a tenancy by the entirety. 304 E. Ludington Ave. You will have to file a quitclaim deed and then file a new deed with joint ownership. Phone Number: 231-724-6271 Adrian, MI 49221 Be aware that adding a person to your deed can cause you to lose property tax exemptions, based on how the deed is worded. 1045 Independence Blvd. Email: regdnan@dickinsoncountymi.gov Were committed to providing the world with free how-to resources, and even $1 helps us in our mission. 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. County Courthouse Building 100 N. State Street Fax Number:231-839-3684 Phone Number: 906-482-1311 That means when you die, your spouse will absorb your ownership share of the property. Fax Number: 231-724-6842 Fax: 989-785-8080 "Frequently Asked Questions on Gift Taxes." Fax Number: 231-779-5352 Fax Number: 231-627-8453 https://www.oscodacountymi.com/register-of-deeds/, Otsego County Register of Deeds Ionia, MI 48846 Baldwin, MI 49304 is not an easy one. 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 June 14, 2022. Fax Number: 231-882-0167 Escanaba, MI 49829 Secretary of State Manistee, MI 49660 Phone Number: 989-345-0728 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. American Academy of Estate Planning Attorneys. You'll become joint tenants with rights of survivorship. Phone Number: 734-240-7390 Fax Number: 989-344-3223 Phone Number: 989-743-2216 Box 885 Fax Number: 906-863-8839 3. Property Transfer Among Family Members | H&R Block P.O. Box 355 Charlotte, MI 48813 Fax Number: 616-632-7615 There are exceptions, such as if the other person is not paying you any money to be added to the deed. 315 W. Green St. 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. How to Add a New Owner to the Title Deed to Real Estate - DeedClaim https://www.clareclerkrod.com/register_of_deeds/index.php, Clinton County Register of Deeds http://lapeercountyweb.org/index.php/departments/register-of-deeds, Leelanau County Register of Deeds 151 E. Huron Street P.O. Unmarried people can own real estate together in one of two ways: joint tenants with rights of survivorship, or tenants in common. Or, it could be that you want the ownership of your property to go to your child in the event of your death. L'Anse, MI 49946 605 N. Birch St. Phone Number: 989-348-2841 Strike a line through any verbiage on the deed that does not apply to your circumstances. http://www.co.grand-traverse.mi.us/587/Register-of-Deeds-Office, Gratiot County Register of Deeds Phone Number: 989-269-9941 Phone Number: 989-895-4228 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. Box 609 https://www.manisteecountymi.gov/363/Register-of-Deeds, Marquette County Register of Deeds Fax Number: 906-387-2156 Fax Number: 906-337-2253 Once youre sure you want to move forward, decide on what kind of co-ownership you want based on your situation. 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. For example, Sacramento County charges a one-time tax of 1.1% of the value of the property when you file a new deed. Phone Number: 906-884-4255 Gaylord, MI 49735 You can add someone to the deed if there is a mortgage, but it will not change who is responsible for the mortgage. 205 E. 11th St. Phone Number: 231-839-4967 Ext 203 Michigan Real Estate Basics: Title to Real Property P.O. http://lakecounty-michigan.com/Courthouse/RegisterofDeeds.aspx, Lapeer County Register of Deeds P.O. Email: rod@shiawassee.net "The Trade-Offs of Repealing Step-Up in Basis." Instead, you'll create a new deed with a group of owners, perhaps you, your spouse, and your child. Some states require extra steps, such . 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). Email: jdegraaf@kalkaskacounty.org Mt. https://oceana.mi.us/departments/register-of-deeds/, Ogemaw County Register of Deeds http://schoolcraftcounty.net/government/elected-officials/clerk-and-register-of-deeds Jointly Owned Property | Michigan Legal Help Email: rod@chippewacountymi.gov