Email: rod@shiawassee.net In California, you can. Charlevoix, MI 49720 Box 388 By filing the quitclaim deed, you can add someone to the title of your home, in effect transferring a share of ownership. Phone Number: 989-724-9450 Phone Number: 231-724-6271 Fax Number: 517-543-4134 Phone Number: 810-648-2313 Elle Di Jensen has been a writer and editor since 1990. Midland, MI 48640 Gaylord, MI 49735 Fax Number: 989-345-6221 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. http://schoolcraftcounty.net/government/elected-officials/clerk-and-register-of-deeds Fax Number: 989-743-2459 208 N. Shiawassee Street P.O. 250 E. Huron Avenue, Room 203 Phone Number: 517-437-2231 Building 12 East It's revocable. Another common question is, can you add someone to a deed if there is a mortgage? References Phone Number: 906-482-1311 She received her JD from Indiana University Maurer School of Law in 2006. http://recording.crawfordco.org/recorder/web/, Delta County Register of Deeds Court House P.O. 301 W. Upton 605 N. Birch St. 3. You'll need to transfer an interest by writing up another deed with the person's name on it. Phone Number: 734-240-7390 How you add the person to your title affects whether the surviving owner must go through probate. 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. Roberts and Roberts, L.L.P. Cheboygan, MI 49721 This article was written by Jennifer Mueller, JD. Phone Number: 517-676-7216 The new person acquiring an interest in the property would also be a grantee. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date. Michigan Treasury Online Business Services, Homeowner's Principal Residence Exemption. 201 W. Kalamazoo Avenue St. Johns, MI 48879-1580 https://www.newaygocountymi.gov/departments/register-of-deeds/home/, Oakland County Register of Deeds 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. 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. Phone Number: 734-222-6700 ", a right of survivorship. A trustee of a trust is the person or agent who is appointed to administer the trust. Phone Number: 906-524-6100, ext. Email: dsimmons@ogemawcountymi.gov Grand Rapids, MI 49503 Fax Number: 231-237-0106 The most common scenario where you might want to add someone to your deed is if you own a home and you get married. https://www.berriencounty.org/296/Register-of-Deeds, Branch County Register of Deeds Marie, MI 49783 Otherwise, married couples usually claim property as tenants by the entirety. 200 E Grand River 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 wikiHow has helped you, please consider a small contribution to support us in helping more readers like you. If you alter the deed so that you and your spouse both own the property, instead of just you, it changes the situation in the eyes of banks, lenders, and the government. Traverse City, MI 49684 There are companies that will offer to provide you a copy of your deed, but you're better off dealing with the recorder's office directly. This article has been viewed 206,090 times. Fax Number: 231-779-5352 http://www.cheboygancounty.net/county-clerkregister-of-deeds-11/, Chippewa County Register of Deeds Fax Number: 989-953-7219 Fax Number: 231-258-3345 MCL 565.8. https://www.deeds.com/recorder/michigan/alger/, Allegan County Register of Deeds [1] 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. His capital gain would be $900,000. Unless you know real estate and property records fairly well, it's usually safer to let the title company do it. Phone Number: 810-989-6930 Next, obtain a quitclaim form from the county recorders office where the property is located. To add a spouse to a deed, start by reading over your mortgage carefully with your spouse. Depending on your financial situation, this issue may cause you to reconsider making the addition. Note: A deed is an instrument used to transfer ownership (title) to another person. The lawyers of Roberts & Roberts are Killeen attorneys providing legal services in the fields of real estate, probate, estate planning, and business law. P.O. 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. 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. Jennifer Mueller is an in-house legal expert at wikiHow. Ludington, MI 49431 "Estate Tax." Fax Number: 989-344-3223 Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Phone Number: 269-673-0390 Phone Number: 989-832-6820 % of people told us that this article helped them. This most simple answer is yes. 234 W. Baraga Avenue St. Joseph, MI 49085 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. Some states require extra steps, such . https://www.emmetcounty.org/officials-departments/register-of-deeds/, Genesee County Register of Deeds Fax Number: 906-774-4660 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. http://www.benzieco.net/government/county_register_of_deeds/index.php, Berrien County Register of Deeds https://rod-eweb.clinton-county.org/recorder/web/, Crawford County Register of Deeds The person selling the property is often called the "grantor" while the person buying the property is called the "grantee". https://www.montcounty.org/register-of-deeds.html, Muskegon County Register of Deeds http://rd.ingham.org/departments_and_officials/register_of_deeds/index.php, Ionia County Register of Deeds Use full legal names, and the appropriate language to create the type of co-ownership you've chosen. You can add someone to the deed if there is a mortgage, but it will not change who is responsible for the mortgage. ", You must use specific language in your deed to create a joint tenancy. Saginaw, MI 48602 In the cases of tenancy by entirety and joint tenancy, a deed transfer must take place. Phone Number: 517-264-4538 Mio, MI 48647 Email: rdeeds@gogebic.org Marquette, MI 49855 Phone Number: 269-945-1289 Phone Number: 906-341-3618 515 Center Avenue Suite 102 Information deemed reliable but not guaranteed, you should always confirm this information with the proper agency prior to acting. Joint Tenants. There are 8 references cited in this article, which can be found at the bottom of the page. Make sure you select the one that best suits your needs. About the Author. https://www.accesskent.com/Departments/RegisterofDeeds/, Keweenaw County Register of Deeds Howell, MI 48843 Last Updated: February 22, 2023 Use it to try out great new products and services nationwide without paying full pricewine, food delivery, clothing and more. 448 Court Place You might want your spouse to automatically be able to retain ownership of the property if you should become deceased. Finally, neatly fill out your new deed, sign in the presence of a notary, and file the new deed at the county recorders office. 51 S Macomb St https://deltacountymi.org/register-of-deeds/, Dickinson County Register of Deeds 200 W. Michigan Email: clerk@cheboygancounty.net http://www.shiawassee.net/ROD/, St. Clair County Register of Deeds Phone Number: 989-426-7551 One of the most common incorrect assumptions in real estate is that someone can be added to a deed. County Government Building MCL 565.201a. P.O. 725 Greenland Road Using a quit claim deed is often the simplest method of bringing on another owner. wikiHow is where trusted research and expert knowledge come together. We do not have any blank deed forms available in our office. Phone Number: 989-826-1116 Be aware that adding a person to your deed can cause you to lose property tax exemptions, based on how the deed is worded. 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. Atlanta, MI 49709 P.O. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. Phone Number: 906-293-5521 214 E. Center St Unlike some other types of property, you can't just add their name to the existing deed. Adding your spouses name to the deed will expose your property to any judgments against him. Ste. 255 W. Main Street 301 State Street Fax Number: 989-790-5278 Thanks to all authors for creating a page that has been read 636,176 times. If you want to transfer title to a friend or your child, the same principle applies. Box 377 Depending on how you claim the property, you may also need a spousal affidavit. 401 E. Houghton Ave. In some areas, your spouse also must sign the deed. Both her name and my son's name are on the deed. Fax Number: 989-734-0506 Fax Number:231-839-3684 For example, "Suzy Sunshine and Martin Moon" or "Suzy Sunshine or Martin Moon. 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. Personal Property 313-224-5860 Muskegon, MI 49442 Approved. Were committed to providing the world with free how-to resources, and even $1 helps us in our mission. Phone Number: 989-734-2676 One thing to be careful of in this situation is title insurance coverage. Get a copy of the title deed from your county clerk's office. https://www.stjosephcountymi.org/government/register-of-deeds, Tuscola County Register of Deeds Fax Number: 734-222-6528 I want to sell it, but have back taxes. That means he could pay substantially more in capital gains taxes than if he acquired the property when you died. St. Ignace, MI 49781 wikiHow marks an article as reader-approved once it receives enough positive feedback. Fax Number: 231-882-0167 Mt. 8527 E. Government Center Drive Sault Ste. 2 S. Main St. By signing up you are agreeing to receive emails according to our privacy policy. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. 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. Phone Number: IRS. 800 10th Street, Suite 200 Michigan has a practice known as "tenancy by entireties." It doesn't matter whether money was exchanged or not. Fax Number: 989-426-6902 When you use a quitclaim deed, you're only transferring any ownership interest you have. Phone Number: 989-354-9547 L'Anse, MI 49946 Also, I did not know the deed has to be worded a certain way in order to avoid probate upon my death. Otherwise, there is a presumption that the ownership interest will be equal. 60 W. Sanilac Marshall, MI 49068 https://www.miottawa.org/Departments/CountyClerk/ROD/, Presque Isle County Register of Deeds Suite M-3 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. Real Property 313-224-5854 Accessed April 10, 2020. If you need a Bell County attorney, we would welcome the opportunity to assist you. County Administration Building Fill in the recording information. http://lakecounty-michigan.com/Courthouse/RegisterofDeeds.aspx, Lapeer County Register of Deeds Pontiac, MI 48341-0480 Phone Number: 231-348-1761 Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. http://www.arenaccountygov.com/register_of_deeds/, Baraga County Register of Deeds 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. She has an extended family of pets, including special needs animals. 401 W. Cedar Ave. Accessed April 10, 2020. 101 Court Street MCL 565.221. Phone Number: 231-745-4641 Phone Number: 906-863-2822 You want to transfer the property from yourself to your spouse and yourself, making the two of you joint owners. Fax Number: 269-982-8659 Phone Number: 616-527-5320 My spouse died, how do I remove my spouse's name from my deed? 225 W. Main Street Each type of ownership carries unique characteristics, and factors such as financial ability, family relations and marital . http://www.osceola-county.org/residents/county_departments/register_deeds/index.php, Oscoda County Register of Deeds Phone Number: 231-689-7246 To learn more about tax liability associated with adding your spouse to a deed, read on! She began working in the fitness industry in 1987, and her experience includes editing and publishing a workout manual. https://wexfordcounty.org/?page_id=488, MI Earned Income Tax Credit, Retirement Tax, and Inflation Relief Initiatives, Collections/Audits/Appeals collapsed link, Notice IIT Return Treatment of Unemployment Compensation, https://dev.michigan.local/som/json?sc_device=json, About the Streamlined Sales and Use Tax Project, Sales, Use, and Withholding Tax Payment Options, Go to Notice IIT Return Treatment of Unemployment Compensation, Taxpayer Rights, Rules, and Responsibilities, Go to Property Tax Forfeiture and Foreclosure, https://www.deeds.com/recorder/michigan/alger/, https://www.allegancounty.org/departments/register-of-deeds, https://alpenacounty.org/register-of-deeds/, https://www.antrimcounty.org/departments___services_/register_of_deeds/index.php, http://www.arenaccountygov.com/register_of_deeds/, https://keweenawbay.org/government/departments/county-clerk-register-of-deeds/, http://www.barrycounty.org/departments_and_officials/officials/register_of_deeds/index.php, http://www.benzieco.net/government/county_register_of_deeds/index.php, https://www.berriencounty.org/296/Register-of-Deeds, https://www.countyofbranch.com/departments/register-of-deeds/, https://www.casscountymi.org/154/Clerk-Register-Office, http://www.charlevoixcounty.org/register_of_deeds/index.php, http://www.cheboygancounty.net/county-clerkregister-of-deeds-11/, https://rod.chippewacountymi.gov/landweb.dll/$/, https://www.clareclerkrod.com/register_of_deeds/index.php, https://rod-eweb.clinton-county.org/recorder/web/, http://recording.crawfordco.org/recorder/web/, https://deltacountymi.org/register-of-deeds/, https://www.dickinsoncountymi.gov/government/county_departments/register_of_deeds/index.php, https://countyfusion3.kofiletech.us/countyweb/login.do?countyname=Eaton, https://www.emmetcounty.org/officials-departments/register-of-deeds/, https://www.geneseecountymi.gov/departments/register_of_deeds/index.php, http://gladwincounty-mi.gov/departments/register-of-deeds/, https://www.gogebiccountymi.gov/government/county_offices/register_of_deeds.php, http://www.co.grand-traverse.mi.us/587/Register-of-Deeds-Office, https://www.gratiotmi.com/239/Register-of-Deeds, https://www.co.hillsdale.mi.us/index.php/tm-gov/tsm-gov-deeds, http://www.houghtoncounty.net/directory-register-of-deeds.php, https://www.co.huron.mi.us/register-of-deeds, http://rd.ingham.org/departments_and_officials/register_of_deeds/index.php, http://www.ioniacounty.org/register-of-deeds/, http://www.iosco.net/departments/register-of-deeds/, https://www.isabellacounty.org/departments/register-of-deeds/, https://www.co.jackson.mi.us/269/Register-of-Deeds, http://www.kalkaskacounty.net/government/register_of_deeds/index.php, https://www.accesskent.com/Departments/RegisterofDeeds/, http://keweenawcountyonline.org/department-clerk.php, http://lakecounty-michigan.com/Courthouse/RegisterofDeeds.aspx, http://lapeercountyweb.org/index.php/departments/register-of-deeds, https://www.leelanau.gov/registerofdeeds.asp, http://www.lenawee.mi.us/259/Register-of-Deeds, http://www.livgov.com/rod/Pages/default.aspx, https://www.lucecountymi.com/register-of-deeds, http://www.mackinaccounty.net/departments/register-of-deeds/, http://clerk.macombgov.org/Clerk-RegisterOfDeeds, https://www.manisteecountymi.gov/363/Register-of-Deeds, https://www.co.marquette.mi.us/departments/register_of_deeds/index.php, http://www.masoncounty.net/departments/register-of-deeds/, https://www.mecostacounty.org/government/rod.php, http://www.menomineecounty.com/departments/?department=4a30b23c515d, https://www.co.midland.mi.us/RegisterofDeeds.aspx, https://www.missaukee.org/departments/clerk___register_of_deeds/index.php, https://www.co.monroe.mi.us/549/Register-of-Deeds, https://montcalm.org/government/register_of_deeds/index.php, https://www.montcounty.org/register-of-deeds.html, https://www.co.muskegon.mi.us/848/Register-of-Deeds, https://www.newaygocountymi.gov/departments/register-of-deeds/home/, http://www.oakgov.com/clerkrod/Pages/default.aspx, https://oceana.mi.us/departments/register-of-deeds/, http://www.countyoffice.org/mi-ontonagon-county-recorder-of-deeds/, http://www.osceola-county.org/residents/county_departments/register_deeds/index.php, https://www.oscodacountymi.com/register-of-deeds/, https://www.otsegocountymi.gov/259/Register-of-Deeds, https://www.miottawa.org/Departments/CountyClerk/ROD/, https://presqueislecounty.org/register-of-deeds/, http://www.roscommoncounty.net/196/Register-of-Deeds, https://www.saginawcounty.com/departments/register-of-deeds/, http://www.sanilaccounty.net/PublicPages/Entity.aspx?ID=220, http://schoolcraftcounty.net/government/elected-officials/clerk-and-register-of-deeds, https://www.stclaircounty.org/offices/register_of_deeds/, https://www.stjosephcountymi.org/government/register-of-deeds, https://www.vanburencountymi.gov/499/Register-of-Deeds, https://www.washtenaw.org/262/Clerk-Register-of-Deeds, http://www.waynecounty.com/deeds/index.htm. Take the new deed to the county recorder's office. What form do I need in order to change my last name on the deed to my new married name? The separate interest refers to the monetary interest in the property. Fax Number: 231-689-7271 These clauses typically state that if you ask your lender for permission to add someone to your house title, they won't unreasonably refuse. Once youre sure you want to move forward, decide on what kind of co-ownership you want based on your situation. https://www.co.marquette.mi.us/departments/register_of_deeds/index.php, Mason County Register of Deeds You, as the "grantor" -- the property owner -- make out a deed conveying title to two "grantees," yourself and your partner. Charlotte, MI 48813 As a small thank you, wed like to offer you a $30 gift card (valid at GoNift.com). By using our site, you agree to our. "Frequently Asked Questions on Gift Taxes." Also specify the type of ownership each party will have. https://www.dickinsoncountymi.gov/government/county_departments/register_of_deeds/index.php, Eaton County Register of Deeds If you have a tenancy by entirety, then it converts to tenancy in common. Newberry, MI 49868 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. Phone Number: 248-858-0581 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. Thanks to all authors for creating a page that has been read 206,090 times. P.O. Sacramento County Public Law Library. Become familiar with your spouses financial history before you decide to add his name to your deed. http://www.charlevoixcounty.org/register_of_deeds/index.php, Cheboygan County Register of Deeds 500 Lake St. 113 Chestnut Street 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. Generally speaking, adding another owner only makes the probate process more complicated. Email: clerk@schoolcraftcounty.us P.O. Hastings, MI, 49058 If your mortgage contains a due upon sale clause, talk to your lender about adding someone to your deed. 12220 Fillmore St., Room 146 Box 8645 Holding Title: Tenants vs. "Tenants". Some transfers are excluded from reassessment. P.O. 1200 N. Telegraph Phone Number: 269-657-8242 Here's a way to pass the interest in your home deed onwhile you're alive. Mortgage and Deed to House Transferring ownership of a house also means your property will likely be reassessed for tax purposes. 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. Phone Number: 989-846-9201 The American College of Trust and Estate Counsel. 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. Cadillac, MI 49601 This might end up activating the due-on-sale clause if it is part of your mortgage clauses. 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. Menominee, MI 49858 P.O. Phone Number: 906-789-5100 How do we add my name to note? June 14, 2022. 301 N. Main St. Fax: 877-443-9505 A transfer on death (TOD) deed. Phone Number: 989-831-7337 If your lender agrees not to enforce the clause, get the agreement in writing. Phone Number: 517-543-4203 Procedures vary by state and altering ownership in your property can have repercussions, so it's wise to consult an attorney before adding anyone to your deed. 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. Last Updated: June 3, 2020 Hart, MI 49420 International Center Gladwin, MI 48624 870 S. Main 120 N. Broadway Ideally, you won't just "add" your child's name to your existing deed. 806 W. Houghton Avenue, Room 104 Phone Number: 616-994-4510 How to transfer property titles in Michigan becomes complicated in these cases because each owner only owns a portion of the property. Many of these reasons involve marriage, moving in together, divorce or estate issues. http://www.waynecounty.com/deeds/index.htm, Wexford County Register of Deeds Phone Number: 989-895-4228 Before you add someone to your house title, consider consulting an attorney to better understand the legal and financial repercussions of doing so. Phone Number: 517-788-4350 Many reasons might exist that would make you want to add someone to the deed to your house. https://presqueislecounty.org/register-of-deeds/, Roscommon County Register of Deeds Email: regofdeeds@co.montcalm.mi.us http://keweenawcountyonline.org/department-clerk.php, Lake County Register of Deeds Fax Number: 810-985-4795 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. There are four common ways to hold title to real estate in Michigan: Tenants in Common.

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