Get a copy of the title deed from your county clerk's office. "Adding someone to a deed" means transferring ownership to that person. Email: clerk@schoolcraftcounty.us 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. 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. Strike a line through any verbiage on the deed that does not apply to your circumstances. One of the most common incorrect assumptions in real estate is that someone can be added to a deed. This article helped point the way. Fax Number: 231-348-1773 However, this action can have a financially devastating outcome if you don't prepare in advance. St. Johns, MI 48879-1580 Room 136 448 Court Place 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. Courthouse 100 W. Main Street Box 399 St. Ignace, MI 49781 The new person acquiring an interest in the property would also be a grantee. Phone Number: 231-843-4466 P.O. Property ownership, transfer laws and deed practices differ depending on the state in which you live. Sandusky, MI 48471 301 N. Main St. We use cookies to make wikiHow great. 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. Clemens, MI 48043 705 S. Stephenson Ave. http://www.livgov.com/rod/Pages/default.aspx, Luce County Register of Deeds It's revocable. Box 388 ", Unlock premium answers by supporting wikiHow, http://www.washingtonpost.com/realestate/before-adding-a-loved-one-to-a-house-deed-think-hard-first/2013/11/27/b02538c8-51fc-11e3-9fe0-fd2ca728e67c_story.html, http://www.nolo.com/legal-encyclopedia/deeds-faq-29119-2.html, http://www.nolo.com/legal-encyclopedia/deeds-faq-29119.html, http://www.saclaw.org/Uploads/files/forms/QuitclaimDeed.pdf, http://www.washingtonpost.com/wp-dyn/content/article/2008/02/29/AR2008022901680.html, http://www.saclaw.org/Uploads/files/Step-by-Step/sbs-deeds.pdf, incluir a un cnyuge en un ttulo de propiedad. In California, you can. References Accessed April 10, 2020. 101 Court Street June 14, 2022. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. Fax Number: 989 - 984-1101 Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. Email: mmerchant@gratiotmi.com 7064 Crowner Drive His capital gain would be $900,000. He focuses mostly on finance writing and has a passion for real estate, credit card deals, and investing. Eagle River, MI 49950 Returning to the $100,000, suppose you create a TOD deed for your spouse. For example, you may set it up so that you have an 80 percent interest in the property while your sister has a 20 percent interest in the property. When you die 50 years later, your spouse acquires a house with a fair market value of $900,000. 200 E Grand River Phone Number: 989-269-9941 Charlevoix, MI 49720 Or, it could be that you want the ownership of your property to go to your child in the event of your death. Joint Tenants with Full Rights of Survivorship. 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). If you live in a community property state, you can specify the home or land is community property with a right of survivorship. Alpena, MI 49707 "Frequently Asked Questions on Gift Taxes." Email: jdegraaf@kalkaskacounty.org In this case, 91% of readers who voted found the article helpful, earning it our reader-approved status. Phone Number: 231-882-0016 225 W. Main Street Research source. Port Huron, MI 48060 Fax Number: 989-743-2459 701 Main Street Suite 400 Other information that is typically on a deed, no matter what state you are in, includes the property address and legal description, the city, county, state and the date. 725 Greenland Road It can also affect inheritance rights of heirs and devisees. 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. 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. You may also have to pay a document transfer tax. Fax Number: 989-275-8640 Email: registerofdeeds@picounty.org Use a typewriter or computer printer when filling in the information on the deed to ensure it is legible. P.O. 300 Walnut Street, Room 164 Fax Number: 616-994-4521 Fax Number: 989-895-4296 . Instead, you'll create a new deed with a group of owners, perhaps you, your spouse, and your child. The notary will charge a small fee to witness your signature and notarize your deed, typically less than $10. Newberry, MI 49868 Phone Number: 616-994-4510 This might not be an option if one of the owners does not have good credit. Big Rapids, MI 49307 Box 269 Sault Ste. Phone Number: 517-322-1144, Shiawassee County Register of Deeds Thanks to all authors for creating a page that has been read 636,176 times. Even if the person you're adding doesn't give you money for ownership in your property, the lender still may view the transfer of ownership as a sale and can demand payment in full. Michigan Works - Saint Clair. Roscommon, MI 48653-7664 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. By signing up you are agreeing to receive emails according to our privacy policy. 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. P.O. Each type of ownership carries unique characteristics, and factors such as financial ability, family relations and marital . By using our site, you agree to our. This article was written by Jennifer Mueller, JD. This could result in far lower capital gains taxes. Lapeer, MI 48446 % of people told us that this article helped them. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date. Record the TOD with your county recorder of deeds, and rest assured that your loved one automatically owns your house when you have passed. Phone Number: 906-789-5100 There are exceptions, such as if the other person is not paying you any money to be added to the deed. A trustee of a trust is the person or agent who is appointed to administer the trust. Box 609 http://www.co.grand-traverse.mi.us/587/Register-of-Deeds-Office, Gratiot County Register of Deeds About the Author. Caro, MI 48723 County Courthouse Building Bring a government-issued photo ID with you when you get your signature notarized. https://www.berriencounty.org/296/Register-of-Deeds, Branch County Register of Deeds Marie, MI 49783 "The Trade-Offs of Repealing Step-Up in Basis." Fax Number: 906-774-4660 This is a valid reason to have an attorney review a deed before you sign it and have it recorded. Accessed April 10, 2020. Ontonagon, MI 49953 Estate Planning in Michigan Using a Ladybird Deed. 401 E. Houghton Ave. Phone Number: 269-445-4464 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. The person selling the property is often called the "grantor" while the person buying the property is called the "grantee". Check with a property law attorney if you want to create a joint tenancy and are unsure of the language to use. Iron Mountain, MI 49801 Phone Number: 231-256-9682 Thank you. Phone Number: 231-724-6271 Fax Number: 616-632-7615 Email: clerk@cheboygancounty.net You're not guaranteeing you have any interest at all, or that you have particular ownership or possession rights. Centreville, MI 49032 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). Sacramento County Public Law Library. Bessemer, MI 49911 Midland, MI 48640 P.O. Phone Number: 906-387-2076 Box 376 1087 Newell St. Then, you will have to file a quitclaim deed and then refile another deed to add the new person to the house deed. 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. 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. Fax: 231-922-2770 Accessed April 10, 2020. These fees usually won't be more than $20. Joint Tenants. Also specify the type of ownership each party will have. https://deltacountymi.org/register-of-deeds/, Dickinson County Register of Deeds She began working in the fitness industry in 1987, and her experience includes editing and publishing a workout manual. http://rd.ingham.org/departments_and_officials/register_of_deeds/index.php, Ionia County Register of Deeds 1045 Independence Blvd. 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. Phone Number: 231-627-8808 Fax number: 906-663-4660 Phone Number: ", You must use specific language in your deed to create a joint tenancy. ", a right of survivorship. You can do your title search yourself, or you can order one from the title company that issues your title insurance policy. 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. Obtain a blank quit claim deed form from an office supply store, attorney or title company. Phone Number: 810-989-6930 Depending on your financial situation, this issue may cause you to reconsider making the addition. 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. She has an extended family of pets, including special needs animals. https://www.allegancounty.org/departments/register-of-deeds, Alpena County Register of Deeds When he sells it five years later for $1 million, he only owes capital gains taxes on $100,000. A Michigan deed is a legal document used to convey property from an owner to a purchaser in Michigan. Please contact an attorney for any legal questions you may have. https://www.co.hillsdale.mi.us/index.php/tm-gov/tsm-gov-deeds, Houghton 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. Fax Number: 989-345-6221 The separate interest refers to the monetary interest in the property. If one person owns a piece of real estate and wants to bring on another owner, this means that the current owner would give up their interest in the property to themselves and the other person. Mortgage and Deed to House Lenawee County Courthouse Also, I did not know the deed has to be worded a certain way in order to avoid probate upon my death. Phone Number: 989-785-8079 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. Next, obtain a quitclaim form from the county recorders office where the property is located. If avoiding probate is a priority, an attorney can help you find the best method to add the other person to your house title. References Phone Number: 586-469-7953 Email: deeds@co.muskegon.mi.us 219 Paw Paw Street, Suite 102 https://ironmi.com/register-of-deeds, Isabella County Register of Deeds Gaylord, MI 49735 Feel free to contact us with your questions, concerns or needs by email or by phone at 989-224-5270. 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. 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. Phone Number: 269-945-1289 Box 8645 Hastings, MI, 49058 http://www.oakgov.com/clerkrod/Pages/default.aspx, Oceana County Register of Deeds Fax Number: 231-258-3345 P.O. Phone Number: 248-858-0581 County Government Building 515 Center Avenue Suite 102 Phone Number: 810-257-3060 3. Phone Number: 231-689-7246 Grand Rapids, MI 49503 Jennifer Mueller is an in-house legal expert at wikiHow. Email: rdeeds@gogebic.org How do I add someone to my deed? Personal Property 313-224-5860 https://www.geneseecountymi.gov/departments/register_of_deeds/index.php, Gladwin County Register of Deeds Keep in mind that you may lose property tax exemptions or be charged gift taxes for adding someone to your title. When executed and notarized, the quitclaim deed legally overrides the current deed to. Kalkaska, MI 49646 151 E. Huron Street Elle Di Jensen has been a writer and editor since 1990. Otherwise, there is a presumption that the ownership interest will be equal. If you add someone to the property deed and you are responsible for the mortgage, your lending institution might require you to refinance the loan in both names. 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. http://www.menomineecounty.com/departments/?department=4a30b23c515d, Midland County Register of Deeds Approved. Phone Number: 269-383-8970 Phone Number: 906-875-3321 Phone Number: 616-527-5320 "Avoiding Probate With a Transfer-on-Death Deed." Phone Number: 989-875-5217 2 South 6th Street, Suite 11 https://www.newaygocountymi.gov/departments/register-of-deeds/home/, Oakland County Register of Deeds P.O. Make sure you select the one that best suits your needs. Cheboygan, MI 49721 Charlotte, MI 48813 Fax Number: 269-781-0720 Fax Number: 906-863-8839 For more detailed information on how to add someone to your house title, scroll down. Unlike some other types of property, you can't just add their name to the existing deed. https://www.miottawa.org/Departments/CountyClerk/ROD/, Presque Isle County Register of Deeds Adding someone to your deed means that you have transferred part of your property ownership or the whole property for that matter. http://www.lenawee.mi.us/259/Register-of-Deeds, Livingston County Register of Deeds If wikiHow has helped you, please consider a small contribution to support us in helping more readers like you. Phone Number: 517-543-4203 http://www.countyoffice.org/mi-ontonagon-county-recorder-of-deeds/, Osceola County Register of Deeds P.O. Phone Number: 989-724-9450 Jackson, MI 49201 Fax Number:517-264-4543 Phone Number: 989-354-9547 287 W. Nepessing Street Suite 1 https://rod.chippewacountymi.gov/landweb.dll/$/, Clare County Register of Deeds "I did not know that my spouse's financial history would have an impact on certain benefits to which I am entitled. The types of transfers that are excluded vary among states. West Branch, MI 48661 Phone Number: 906-667-0381 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. Ludington, MI 49431 Corunna, MI 48817 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. Box 168 310 Ludington Street, Suite 104 Phone Number: 517-279-4320 http://www.sanilaccounty.net/PublicPages/Entity.aspx?ID=220, Schoolcraft County Register of Deeds Box 885 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. My son has no interest in the property and has his own. Phone Number: 231-258-3315 Coldwater, MI 49036 wikiHow is where trusted research and expert knowledge come together. To learn more about tax liability associated with adding your spouse to a deed, read on! Phone Number: 517-676-7216 Quitclaim deeds in Michigan can give the grantee different types of rights. Support wikiHow by You will have to file a transfer of the deed to gain ownership of the property during the divorce. Phone Number: 517-546-0270 You may want to consult a real estate attorney to find out if adding your spouse to your deed will achieve the result you want. Harrisville, MI 48740 By using our site, you agree to our. 120 N. Broadway You will have to file a quitclaim deed and then file a new deed with joint ownership. Enjoy! https://www.stclaircounty.org/offices/register_of_deeds/, St. Joseph County Register of Deeds 100 N. State Street This is wonderful!". Fax Number 989-539-6616 http://keweenawcountyonline.org/department-clerk.php, Lake County Register of Deeds Fax Number: 989-790-5278 Houghton, MI 49931 It doesn't matter whether you intended it to be a gift or not. P.O. P.O. Phone Number: 989-895-4228 Fax Number: 231-724-6842 For example, "Suzy Sunshine and Martin Moon" or "Suzy Sunshine or Martin Moon. P.O. Email: registerofdeeds@isabellacounty.org 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.". Petoskey, MI 49770 P.O. Fax Number: 906-643-1178 Many reasons might exist that would make you want to add someone to the deed to your house. Fax Number: 906-293-5553 One thing to be careful of in this situation is title insurance coverage. Box 195 Warranty deeds come with some type of . IRS. http://www.mackinaccounty.net/departments/register-of-deeds/, Macomb County Register of Deeds You can't have it both ways, however. Your county recorders office will have a list of ways to claim property. Box 538 Ann Arbor, MI 48107-8645 The web Browser you are currently using is unsupported, and some features of this site may not work as intended. Property tax exemptions mean that you pay lower property taxes, and sometimes no property tax at all. Ithaca, MI 48847 The lawyers of Roberts & Roberts are Killeen attorneys providing legal services in the fields of real estate, probate, estate planning, and business law. Michigan has a practice known as "tenancy by entireties." Phone Number: 231-873-4158 Phone Number: 231-533-6683 Hart, MI 49420 Phone Number: 734-222-6700 Phone Number: 231-832-6113 L'Anse, MI 49946 Her work has appeared in various print and online publications. Crystal Falls, MI 49920 Take the new deed to the county recorder's office. P.O. 422 W. Lake Street https://www.missaukee.org/departments/clerk___register_of_deeds/index.php, Monroe County Register of Deeds You will have to file a quitclaim deed and then file a new deed with joint ownership. Adding your spouses name to the deed will expose your property to any judgments against him. Fax Number: 231-689-7271 Depending on how you claim the property, you may also need a spousal affidavit. She received her JD from Indiana University Maurer School of Law in 2006. 2 S. Main St. In the cases of tenancy by entirety and joint tenancy, a deed transfer must take place. 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. 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 . 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. Be aware that adding a person to your deed can cause you to lose property tax exemptions, based on how the deed is worded. Box 438 MSU Extension. MCL 565.8. Phone Number: 616-632.7610 Laws regarding deed transfer in Michigan also allow joint tenancy, which is joint ownership between multiple owners, such as a group of business partners. http://www.benzieco.net/government/county_register_of_deeds/index.php, Berrien County Register of Deeds In the cases of tenancy by entirety and joint tenancy, a deed transfer must take place. If the current owner received title insurance on the property when they came into possession, they may want to contact the company that wrote the policy to make sure that a deed will not affect the policy. 1200 N. Telegraph "Estate Tax." Your state law may have other specific languages to use. Phone Number: 906-643-7306 Fax Number: 906-635-6855 Fax Number: 989-734-0506 Lake City, MI 49651 http://www.roscommoncounty.net/196/Register-of-Deeds, Saginaw County Register of Deeds Ste. You'll become joint tenants with rights of survivorship. With a grant deed, you are making a promise that you are the current owner of the property and that there aren't any liens, mortgages, or other claims to the property that you haven't disclosed. Accessed April 10, 2020. Fax Number: 517-676-7287 Secretary of State Fax Number: 313-224-5884 If you do not specify the type of ownership, the ownership will be presumed to be tenancy in common. Please contact our friendly staff at your convenience. Complete, review and sign the quitclaim or warranty form. Box 355 Phone Number: 517-437-2231 Saginaw, MI 48602 If you add your spouse to your deed, he will have to use your basis if he later sells the property. FindLaw: What's the Difference Between Joint Tenants with Survivorship and Tenants in Common? [1] https://www.accesskent.com/Departments/RegisterofDeeds/, Keweenaw County Register of Deeds Phone Number: 906-225-8415 wikiHow is where trusted research and expert knowledge come together. Suttons Bay, MI 49682-9718 Bad Axe, MI 48413 Use full legal names, and the appropriate language to create the type of co-ownership you've chosen. Leave the notary section blank. 806 W. Houghton Avenue, Room 104 If one person owns a piece of real estate and wants to bring on another owner, this means that the current owner would give up their interest in the property to themselves and the other person. Civil Rights, Inclusion & Opportunity Department. Suite 301 Include your email address to get a message when this question is answered. 120 N. Grove Street IRS. Take the deed to your county recorder's office to have it notarized and recorded. White Cloud, MI 49349 Muskegon, MI 49442 https://www.clareclerkrod.com/register_of_deeds/index.php, Clinton County Register of Deeds If you need a Bell County attorney, we would welcome the opportunity to assist you. 200 Grand River Avenue Box 70 Last Updated: February 22, 2023 A transfer on death (TOD) deed. Email: registerofdeeds@emmetcounty.org 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. For example, Sacramento County charges a one-time tax of 1.1% of the value of the property when you file a new deed.
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