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. Reed City, MI 49677 "What Is Joint Tenancy and When Should I Use It?" Then, you will have to file a quitclaim deed and then refile another deed to add the new person to the house deed. 310 Ludington Street, Suite 104 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. Finally, neatly fill out your new deed, sign in the presence of a notary, and file the new deed at the county recorders office. Email: rdeeds@gogebic.org The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Phone Number: 269-945-1289 Suttons Bay, MI 49682-9718 What or who is a trustee of a trust? 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. In this case, if one dies, the other automatically becomes the sole owner of the property. How to transfer property titles in Michigan becomes complicated in these cases because each owner only owns a portion of the property. Phone Number: 906-293-5521 Strike a line through any verbiage on the deed that does not apply to your circumstances. "Estate Tax." 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. were I to add him to my deed. Fax Number: 989-345-6221 Please Note: The Register of Deeds Office does not prepare or change documents and cannot provide legal assistance. Laws regarding deed transfer in Michigan also allow joint tenancy, which is joint ownership between multiple owners, such as a group of business partners. Clemens, MI 48043 33 McCollum Street Thanks to all authors for creating a page that has been read 206,090 times. 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: 269-445-4453 If you simply add your child's name to your existing deed, they won't necessarily have rights of survivorship. Fax Number: 231-779-5352 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. Depending on your financial situation, this issue may cause you to reconsider making the addition. Accessed April 10, 2020. Some financial institutions give consent, allowing you to add another person to your property deed without requiring you pay off your loan. 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. FindLaw: What's the Difference Between Joint Tenants with Survivorship and Tenants in Common? MCL 565.201a. Fax Number: 989-269-8786 Make sure you select the one that best suits your needs. Phone Number: 269-657-8242 P.O. 301 W. Upton Box 195 Hillsdale MI 49242 200 North Main St. Suite 110 Use a typewriter or computer printer when filling in the information on the deed to ensure it is legible. 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.". Escanaba, MI 49829 Menominee, MI 49858 The transfer of ownership can occur during life (with a regular quitclaim deed, for example) or at death (using a lady bird deed, transfer-on-death-deed, or life estate deed).And, in the case of transfer-on-death or lady bird deeds, the . Instead, you'll create a new deed with a group of owners, perhaps you, your spouse, and your child. The current owner the person giving away their rights to the property would be the grantor in the quit claim deed. Civil Rights, Inclusion & Opportunity Department. Fax: 877-443-9505 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. Rogers City, MI 49779 IRS. To learn more about tax liability associated with adding your spouse to a deed, read on! Joint Tenants. If you're getting a copy from your local land registry office, search for your deed in their database or ask for assistance. Fax Number: 231-689-7271 Note also that if there is an outstanding mortgage on the property, the owner must review the terms to see if there is a notification requirement. Email: registerofdeeds@isabellacounty.org Fax Number: 906-387-2156 International Center http://www.houghtoncounty.net/directory-register-of-deeds.php, Huron County Register of Deeds You also may have to pay any property taxes that have been reassessed as a result of the change in ownership. Munising, MI 48962 http://www.countyoffice.org/mi-ontonagon-county-recorder-of-deeds/, Osceola County Register of Deeds https://www.oscodacountymi.com/register-of-deeds/, Otsego County Register of Deeds 214 E. Center St Suite 400 Phone Number: 989-743-2216 705 S. Stephenson Ave. Uniform Commercial Code Section Many reasons might exist that would make you want to add someone to the deed to your house. 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. Box 789 Government Center The deed should include the grantor's marital status. 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. MCL 565.221. Fax Number: 810-985-4795 E-mail:clerksoffice@macombgov.org A B C D E F G H I J K L M N O P Q R S T U V W X Y Z, Alcona County Register of Deeds You can buy one of these policies by paying a one-time fee, which typically is relatively low. Fax Number: 906-225-8420 Fax Number: 989-426-6902 200 Division Street, Suite 150 839 10th Avenue Many of these reasons involve marriage, moving in together, divorce or estate issues. Howell, MI 48843 Phone Number: Phone Number: 231-533-6683 Marshall, MI 49068 Phone Number: 231-627-8808 103 If you need a Bell County attorney, we would welcome the opportunity to assist you. Grand Rapids, MI 49503 Include your name and the name of the person you want to add to your house title. You will have to file a quitclaim deed and then file a new deed with joint ownership. When executed and notarized, the quitclaim deed legally overrides the current deed to. Phone Number: 231-922-4753 However, this action can have a financially devastating outcome if you dont prepare in advance. Fax Number: 989-344-3223 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. Roberts and Roberts, L.L.P. You should contact your attorney to obtain advice with respect to any particular issue or problem. You, as the "grantor" -- the property owner -- make out a deed conveying title to two "grantees," yourself and your partner. Fax Number: 989-895-4296 P.O. References 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. Phone Number: 906-643-7306 In Michigan, a person must live more than 120 hours after their co-owner dies for the survivorship rights to take effect. The notary will charge a small fee to witness your signature and notarize your deed, typically less than $10. 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: 989-275-5931 http://www.oakgov.com/clerkrod/Pages/default.aspx, Oceana County Register of Deeds Fax Number: 810-667-0293 https://www.saginawcounty.com/departments/register-of-deeds/, Sanilac County Register of Deeds 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. Detroit, MI 48226 The most common way to remove someone from a deed is through a deed of conveyance, such as a quitclaim or warranty deed. White Cloud, MI 49349 Saginaw, MI 48602 https://www.accesskent.com/Departments/RegisterofDeeds/, Keweenaw County Register of Deeds One of the most common questions about deeds is: Can a person's name be on a deed without being on the mortgage? Once you've signed the deed, take it to the recorder's office where you got the copy of your old deed. 806 W. Houghton Avenue, Room 104 Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. http://www.co.calhoun.mi.us/, Cass County Register of Deeds Phone Number: 269-383-8970 Take the new deed to the county recorder's office. Mt. https://www.allegancounty.org/departments/register-of-deeds, Alpena County Register of Deeds 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. Email: deeds@co.muskegon.mi.us Phone Number: 906-482-1311 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.". Fax Number: 231-258-3345 References To learn more about tax liability associated with adding your spouse to a deed, read on! Phone Number: 517-437-2231 https://www.co.midland.mi.us/RegisterofDeeds.aspx, Missaukee County Register of Deeds Phone Number: 616-632.7610 Eagle River, MI 49950 Survivorship (outliving your co-owner) affects more than just the four types of jointly owned property. Keep in mind that you may lose property tax exemptions or be charged gift taxes for adding someone to your title. West Branch, MI 48661 These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date. His capital gain would be $900,000. http://www.kalcounty.com/clerk/, Kalkaska County Register of Deeds If wikiHow has helped you, please consider a small contribution to support us in helping more readers like you. 60 W. Sanilac https://oceana.mi.us/departments/register-of-deeds/, Ogemaw County Register of Deeds Depending on how you claim the property, you may also need a spousal affidavit. Harrison, MI 48625 23 E. Pearl Street https://keweenawbay.org/government/departments/county-clerk-register-of-deeds/, Barry County Register of Deeds When you add a person to your deed, you're essentially giving them a gift of a percentage of your property. 605 N. Birch St. Also specify the type of ownership each party will have. wikiHow marks an article as reader-approved once it receives enough positive feedback. Box 35 When you die 50 years later, your spouse acquires a house with a fair market value of $900,000. We do not have any blank deed forms available in our office. P.O. I want to sell it, but have back taxes. Get a copy of your current deed and select the type of new deed form you want to use. Phone Number: 989-345-0728 http://www.co.grand-traverse.mi.us/587/Register-of-Deeds-Office, Gratiot County Register of Deeds Phone Number: 269-983-7111 ext. Fax: 989-785-8080 https://rod.chippewacountymi.gov/landweb.dll/$/, Clare County Register of Deeds Feel free to contact us with your questions, concerns or needs by email or by phone at 989-224-5270. Strike a line through any verbiage on the deed that does not apply to your circumstances. Phone Number: 231-779-9455 Adam Luehrs is a writer during the day and a voracious reader at night. To avoid probate, you must choose an ownership relationship that includes a right of survivorship. How do I add someone to my deed? Fax Number: 906-643-1178 In the cases of tenancy by entirety and joint tenancy, a deed transfer must take place. Unmarried people can own real estate together in one of two ways: joint tenants with rights of survivorship, or tenants in common. She received her JD from Indiana University Maurer School of Law in 2006. http://www.charlevoixcounty.org/register_of_deeds/index.php, Cheboygan County Register of Deeds Phone Number: 906-635-6312 300 Walnut Street, Room 164 The web Browser you are currently using is unsupported, and some features of this site may not work as intended. Fax Number: 269-982-8659 One thing that many people do not realize is that transfer of the deed is different from the transfer of the mortgage responsibility. Pleasant, MI 48858 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. Fax Number: 989-743-2459 Phone Number: 906-387-2076 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. This article was written by Jennifer Mueller, JD. 106 5thP.O. 315 W. Green St. Suite M-3 ", a right of survivorship. Note that banks are often trustees. The answer to the question, "How do you add a joint owner to a property?" This most simple answer is yes. 111 South Canal Street Include your email address to get a message when this question is answered. That means he could pay substantially more in capital gains taxes than if he acquired the property when you died. Become familiar with your spouses financial history before you decide to add his name to your deed. ", You must use specific language in your deed to create a joint tenancy. In the cases of tenancy by entirety and joint tenancy, a deed transfer must take place. Email: registerofdeeds@emmetcounty.org Tenancy by the entirety is only available for married couples and is not recognized in some states. Email: clerk@schoolcraftcounty.us https://www.montcounty.org/register-of-deeds.html, Muskegon County Register of Deeds Fax Number: 616-632-7615 She received her JD from Indiana University Maurer School of Law in 2006. Email: ROD@ioscocounty.org This article helped point the way. Room 136 Information deemed reliable but not guaranteed, you should always confirm this information with the proper agency prior to acting. Before you add someone to your house title, consider consulting an attorney to better understand the legal and financial repercussions of doing so. Bad Axe, MI 48413 Next, obtain a quitclaim form from the county recorders office where the property is located. http://www.baycounty-mi.gov/rod/, Benzie County Register of Deeds Unlike some other types of property, you can't just add their name to the existing deed. 437 E. Division 401 W. Cedar Ave. Ideally, you won't just "add" your child's name to your existing deed. The person selling the property is often called the "grantor" while the person buying the property is called the "grantee". Home. Phone Number: 906-774-0955 Port Huron, MI 48060 Box 438 Alpena, MI 49707 Phone Number: 231-839-4967 Ext 203 2 S. Main St. 151 E. Huron Street 125 W. Lincoln St. Phone Number: 989-785-8079 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. 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: 269-445-4464 To add a joint owner to your property dead, you'll first need to check your loan documents or call your lender to determine responsibilities and policies. https://ironmi.com/register-of-deeds, Isabella County Register of Deeds Her work has appeared in various print and online publications. Buildings, Safety Engineering and Environmental Department. Box 168 Email: rod@berriencounty.org 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. 301 N. Main St. Atlanta, MI 49709 In some areas, your spouse also must sign the deed. It can also affect inheritance rights of heirs and devisees. Phone Number: 231-832-6113 https://www.lucecountymi.com/register-of-deeds, Mackinac County Register of Deeds Holding Title: Tenants vs. "Tenants". Phone Number: 517-676-7216 Fax Number: 906-774-4660 401 E. Houghton Ave. 255 W. Main Street Fax Number: 989 - 984-1101 Fax Number: 231-724-6842 Accessed April 10, 2020. Enjoy! Beulah, MI 49617 Phone Number: 231-882-0016 Also, I did not know the deed has to be worded a certain way in order to avoid probate upon my death. Phone Number: 989-224-5270 200 E Grand River In short, no one can be passively removed from a title. This is a law that allows a husband and wife to hold a piece of property as if they were a single entity. 100 N. State Street By using our site, you agree to our. Box 5 Box 885 Iron Mountain, MI 49801 Allegan, MI 49010 https://www.co.marquette.mi.us/departments/register_of_deeds/index.php, Mason County Register of Deeds Phone Number: 810-257-3060 List of County Register of Deeds . Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. Phone Number: 906-667-0381 Box 399 https://www.geneseecountymi.gov/departments/register_of_deeds/index.php, Gladwin County Register of Deeds [1] For example, if he has a bad debt, his creditor can sue and force the sale of your property to pay it off. Some transfers are excluded from reassessment. Coldwater, MI 49036 Phone Number: 906-789-5100 Misconceptions and Realities It is a misconception that someone can be "removed" from the deed. Fax Number:269-945-1298 400 Monroe, 7th Floor Thank you. 200 Grand River Avenue Fax Number: 517-543-4134 Mason, MI 48854 https://www.deeds.com/recorder/michigan/alger/, Allegan 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 Fax Number: 734-222-6528 http://www.tuscolacounty.org/rod/, Van Buren County Register of Deeds Phone Number: 616-994-4510 P.O. % of people told us that this article helped them. The deed must list the name and business address of the person that prepared the deed. 250 E. Huron Avenue, Room 203 "I did not know that my spouse's financial history would have an impact on certain benefits to which I am entitled. Fax: 231-922-2770 Fax Number: 231-882-0167 Property ownership, transfer laws and deed practices differ depending on the state in which you live. Fax Number: 231-348-1773 Fax Number: 734-240-7395 Phone Number: 906-337-2229 You can also find out by contacting the tax assessor's office in your county. 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.