how to add someone to a deed in michigan

P.O. P.O. 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. The new person acquiring an interest in the property would also be a grantee. Phone Number: 517-437-2231 Research source. If your mortgage contains a due upon sale clause, talk to your lender about adding someone to your deed. Jackson, MI 49201 Holding Title: Tenants vs. "Tenants". These clauses typically state that if you ask your lender for permission to add someone to your house title, they won't unreasonably refuse. Become familiar with your spouses financial history before you decide to add his name to your deed. Thank you. The best advice is to consult an attorney who specializes in these issues regarding the specifics of your situation. Hillsdale MI 49242 Approved. P.O. You'll need to transfer an interest by writing up another deed with the person's name on it. "Joint Tenancy and Medicaid Eligibility." Phone Number: 517-788-4350 Email: jwinton@oscodacountymi.com wikiHow is where trusted research and expert knowledge come together. To continue the previous example, suppose you added your spouse to the deed for the house you bought for $100,000. 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. 800 10th Street, Suite 200 Manistee, MI 49660 Leave the notary section blank. 500 Lake St. MCL 565.221. P.O. Some states require extra steps, such . http://www.tuscolacounty.org/rod/, Van Buren County Register of Deeds You can add someone to the deed if there is a mortgage, but it will not change who is responsible for the mortgage. Many of these reasons involve marriage, moving in together, divorce or estate issues. Michigan has a practice known as "tenancy by entireties." is not an easy one. Fax Number: 231-845-7977 Box 885 http://schoolcraftcounty.net/government/elected-officials/clerk-and-register-of-deeds You can't have it both ways, however. Fax Number:517-264-4543 Email: clerk@cheboygancounty.net Phone Number: 231-723-2146 http://lakecounty-michigan.com/Courthouse/RegisterofDeeds.aspx, Lapeer County Register of Deeds Centreville, MI 49032 Stanton, MI 48888 Phone Number: 231-689-7246 Phone Number: 586-469-7953 We do not have any blank deed forms available in our office. These exemptions vary among states. Fax Number: 231-689-7271 Box 367 Phone Number: 989-846-9201 Email: rod@livgov.com Fax Number: 517-676-7287 Mt. 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. Phone Number: 906-789-5100 Unlike some other types of property, you can't just add their name to the existing deed. Building 12 East One of the most common questions about deeds is: Can a person's name be on a deed without being on the mortgage? Lapeer, MI 48446 Choose separate interests if you want one owner to be able to sell their interest in the property without consulting the other owner. Suite 400 You want to transfer the property from yourself to your spouse and yourself, making the two of you joint owners. 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. Using a quit claim deed is often the simplest method of bringing on another owner. 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. Box 195 Suite 212 120 N. Grove Street 301 W. Upton Phone Number: 231-258-3315 https://www.vanburencountymi.gov/499/Register-of-Deeds, Washtenaw County Register of Deeds 7064 Crowner Drive This article was written by Jennifer Mueller, JD. http://www.iosco.net/departments/register-of-deeds/, Iron County Register of Deeds https://www.deeds.com/recorder/michigan/alger/, Allegan County Register of Deeds 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. If avoiding probate is a priority, an attorney can help you find the best method to add the other person to your house title. 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.". https://www.isabellacounty.org/departments/register-of-deeds/, Jackson County Register of Deeds MI Earned Income Tax Credit, Retirement Tax, and Inflation Relief Initiatives June 14, 2022. Box 609 https://alpenacounty.org/register-of-deeds/, Antrim County Register of Deeds "Keeping Your House Out of Probate." When executed and notarized, the quitclaim deed legally overrides the current deed to your home. Owners with separate interests won't have a right to survivorship of the other owner's interest. https://www.accesskent.com/Departments/RegisterofDeeds/, Keweenaw County Register of Deeds not mine. http://www.waynecounty.com/deeds/index.htm, Wexford County Register of Deeds There are different forms of deeds depending on the situation involved. https://www.emmetcounty.org/officials-departments/register-of-deeds/, Genesee County Register of Deeds Step 1: Download the MI quitclaim deed form. Fax Number: 989-832-6842 515 Center Avenue Suite 102 Coldwater, MI 49036 Once youre sure you want to move forward, decide on what kind of co-ownership you want based on your situation. Email: rod@chippewacountymi.gov Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. Phone Number: 906-863-2822 Fax Number: 989-846-9166 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. Phone Number: 906-667-0381 Phone Number: 269-673-0390 All searches are done either in person by coming to the Register of Deeds, by mail ($5.00 search fee per name/address) or by going online. Fax Number: 231-533-8317 If you add your spouse to your deed, he will have to use your basis if he later sells the property. Phone Number: 517-676-7216 https://www.co.hillsdale.mi.us/index.php/tm-gov/tsm-gov-deeds, Houghton County Register of Deeds Otherwise, there is a presumption that the ownership interest will be equal. For more detailed information on how to add someone to your house title, scroll down. She began working in the fitness industry in 1987, and her experience includes editing and publishing a workout manual. https://www.newaygocountymi.gov/departments/register-of-deeds/home/, Oakland County Register of Deeds 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. 103 Email: rod@berriencounty.org 301 N. Main St. Phone Number: 906-293-5521 Phone Number: 231-627-8808 Phone Number: 906-643-7306 These fees usually won't be more than $20. "Avoiding Probate With a Transfer-on-Death 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. Possibly enlisting the help of an attorney, you will prepare the new deed that lists the joint owner and mentions ownership interest, and then take it to get recorded at the county recorder's office. The answer to the question, "How do you add a joint owner to a property?" : 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: 906-875-0658 To add a spouse to a deed, start by reading over your mortgage carefully with your spouse. Fax Number 989-539-6616 Email: registerofdeeds@picounty.org 8562 The deed should include the grantor's marital status. Depending on your financial situation, this issue may cause you to reconsider making the addition. Generally, anyone who dies during the first 120 hours after . Phone Number: 989-831-7337 200 N. Main Street Review your mortgage documents or contact your lender before initiating the process to change your deed. Court House 806 W. Houghton Avenue, Room 104 Midland, MI 48640 341 S. Jefferson Room 201 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. As long as you retain interest in the home, its still going to go through probate. How do I add someone to my deed? 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. By filing the quitclaim deed, you can add someone to the title of your home, in effect transferring a share of ownership. When executed and notarized, the quitclaim deed legally overrides the current deed to. Fax Number: 231-348-1773 225 W. Main Street 200 Division Street, Suite 150 214 E. Center St Box 538 https://montcalm.org/government/register_of_deeds/index.php, Montmorency County Register of Deeds Phone Number: 269-945-1289 Get a copy of the title deed from your county clerk's office. Beulah, MI 49617 How do we add my name to note? https://www.co.huron.mi.us/register-of-deeds, Ingham County Register of Deeds The transfer is excluded from the gift tax if you're adding your spouse to your house title. Box 8645 https://ironmi.com/register-of-deeds, Isabella County Register of Deeds Fax Number: 231-258-3345 This article helped point the way. We use cookies to make wikiHow great. 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. The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. St. Johns, MI 48879-1580 Cheboygan, MI 49721 Phone Number: 616-632.7610 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. 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. MCL 565.201a. https://rod-eweb.clinton-county.org/recorder/web/, Crawford County Register of Deeds http://www.houghtoncounty.net/directory-register-of-deeds.php, Huron County Register of Deeds Box 296 By using our site, you agree to our. Fax Number: 269-781-0720 If you transfer your interest in the property, or a share of it, to someone else without the lender's permission, it may exercise the loan's due-on-sale clause. In this case, 86% of readers who voted found the article helpful, earning it our reader-approved status. Get a copy of your current deed and select the type of new deed form you want to use. Ontonagon, MI 49953 Once you've signed the deed, take it to the recorder's office where you got the copy of your old deed. https://www.countyofbranch.com/departments/register-of-deeds/, Calhoun County Register of Deeds Email: rdeeds@gogebic.org 200 N. Moore Street Mio, MI 48647 Box 376 605 N. Birch St. Fax Number: 313-224-5884 Complete, review and sign the quitclaim or warranty form. Leave the notary section blank. Without reading this article, I would have pursued a different route. Obtain the necessary consents from lenders and . Clemens, MI 48043 There are four common ways to hold title to real estate in Michigan: Tenants in Common. Record the TOD with your county recorder of deeds, and rest assured that your loved one automatically owns your house when you have passed. How to transfer property titles in Michigan becomes complicated in these cases because each owner only owns a portion of the property. https://www.missaukee.org/departments/clerk___register_of_deeds/index.php, Monroe County Register of Deeds http://www.cheboygancounty.net/county-clerkregister-of-deeds-11/, Chippewa County Register of Deeds Planning & Economic Development. "Estate Tax." Fax Number: 989-895-4296 Accessed April 10, 2020. wikiHow marks an article as reader-approved once it receives enough positive feedback. P.O. Public Works . Add language to the deed specifying what percent of the property you and the person you are adding owns, if necessary. Part 1 Understanding How It Works Download Article 1 Contact your lender. 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. 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. 219 Paw Paw Street, Suite 102 About the Author. Fax Number: 989 - 984-1101 One thing to be careful of in this situation is title insurance coverage. Phone Number: 989-672-3840 Eagle River, MI 49950 Uniform Commercial Code Section Evaluating Financial and Legal Consequences, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/3\/3e\/Add-Someone-to-Your-House-Title-Step-1.jpg\/v4-460px-Add-Someone-to-Your-House-Title-Step-1.jpg","bigUrl":"\/images\/thumb\/3\/3e\/Add-Someone-to-Your-House-Title-Step-1.jpg\/aid9653557-v4-728px-Add-Someone-to-Your-House-Title-Step-1.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"