He focuses mostly on finance writing and has a passion for real estate, credit card deals, and investing. https://www.countyofbranch.com/departments/register-of-deeds/, Calhoun County Register of Deeds Both her name and my son's name are on the deed. Nor can a co-owner simply take away another party's interest in a property by executing a new deed without that other party. 201 W. Kalamazoo Avenue Your county recorders office will have a list of ways to claim property. Howell, MI 48843 Unless you know real estate and property records fairly well, it's usually safer to let the title company do it. Adding someone to your deed means that you have transferred part of your property ownership or the whole property for that matter. Especially with large lenders, it isn't uncommon to get a bill for the balance of the mortgage when the transfer is complete. If a male grantor is married, Michigan law has historically required his wife to sign the deed to release her dower rights. You may also have to pay a document transfer tax. "I did not know that my spouse's financial history would have an impact on certain benefits to which I am entitled. Allegan, MI 49010 The types of transfers that are excluded vary among states. Review your mortgage documents or contact your lender before initiating the process to change your deed. Get a copy of your current deed and select the type of new deed form you want to use. Fax Number: 231-779-5352 https://www.allegancounty.org/departments/register-of-deeds, Alpena County Register of Deeds Hart, MI 49420 Mason, MI 48854 https://www.manisteecountymi.gov/363/Register-of-Deeds, Marquette County Register of Deeds The easiest and most common way to do this is with a quitclaim deed and the refiling of a new deed with joint ownership. E-mail:clerksoffice@macombgov.org Ontonagon, MI 49953 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. Your state law may have other specific languages to use. 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. I want to sell it, but have back taxes. References Fax Number: 231-348-1773 Lapeer, MI 48446 There are different forms of deeds depending on the situation involved. 448 Court Place "Joint Tenancy and Medicaid Eligibility." 100 N. State Street https://www.washtenaw.org/262/Clerk-Register-of-Deeds, Wayne County Register of Deeds Public Works . Generally, anyone who dies during the first 120 hours after . P.O. It doesn't matter whether money was exchanged or not. 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. Fax Number: 231-258-3345 Box 303 P.O. Traverse City, MI 49684 Uniform Commercial Code Section Adrian, MI 49221 Coldwater, MI 49036 Fax Number:517-264-4543 Corunna, MI 48817 http://www.kalkaskacounty.net/government/register_of_deeds/index.php, Kent County Register of Deeds https://rod-eweb.clinton-county.org/recorder/web/, Crawford County Register of Deeds Generally speaking, adding another owner only makes the probate process more complicated. Email: deeds@co.muskegon.mi.us The answer to the question, "How do you add a joint owner to a property?" P.O. ", a right of survivorship. http://www.charlevoixcounty.org/register_of_deeds/index.php, Cheboygan County Register of Deeds These fees usually won't be more than $20. Fax Number: 989-846-9166 Before you add someone to your house title, consider consulting an attorney to better understand the legal and financial repercussions of doing so. P.O. One of the most common questions about deeds is: Can a person's name be on a deed without being on the mortgage? Phone Number: 734-240-7390 If you're getting a copy from your local land registry office, search for your deed in their database or ask for assistance. This article has been viewed 206,090 times. 8562 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. https://ironmi.com/register-of-deeds, Isabella County Register of Deeds White Cloud, MI 49349 How do I add someone to my deed? https://www.co.midland.mi.us/RegisterofDeeds.aspx, Missaukee 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. 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. Or, it could be that you want the ownership of your property to go to your child in the event of your death. Room 136 My spouse died, how do I remove my spouse's name from my deed? Phone Number: 989-895-4228 Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin are community property states. Email: regofdeeds@co.montcalm.mi.us Phone Number: 989-743-2216 How to transfer property titles in Michigan becomes complicated in these cases because each owner only owns a portion of the property. Phone Number: 231-547-7204 % of people told us that this article helped them. If you simply add your child's name to your existing deed, they won't necessarily have rights of survivorship. Fax Number: 906-875-0658 Alpena, MI 49707 Suite M-3 151 E. Huron Street Property tax exemptions mean that you pay lower property taxes, and sometimes no property tax at all. However, if you transferred the property to your spouse at your death, for example through a transfer-on-death deed, his capital gains basis would be the fair market value of the house when he acquired it. Once youre sure you want to move forward, decide on what kind of co-ownership you want based on your situation. Suite 105 Paw Paw, Michigan 49079 "The Trade-Offs of Repealing Step-Up in Basis." 806 W. Houghton Avenue, Room 104 Planning & Economic Development. Issues of marriage and property ownership become complicated when a divorce is involved. When we bought a home, I was still not divorced. Muskegon, MI 49442 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. Fax Number: 313-224-5884 You sign the deed as grantor, have it notarized and file it with the county's registry of deeds. Phone Number: 906-341-3618 Phone Number: 517-264-4538 Keep in mind that you may lose property tax exemptions or be charged gift taxes for adding someone to your title. 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. Go to the county recorders office and get a quitclaim form. P.O. If you do not specify the type of ownership, the ownership will be presumed to be tenancy in common. MCL 565.8. You, as the "grantor" -- the property owner -- make out a deed conveying title to two "grantees," yourself and your partner. Both people would acquire their interest in the property at the same time in the chain of title. That applies only to married couples. Thank you. 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: 989-362-2021 Include your name and the name of the person you want to add to your house title. To continue the previous example, suppose you added your spouse to the deed for the house you bought for $100,000. Building 12 East Fax Number: 734-240-7395 One thing that many people do not realize is that transfer of the deed is different from the transfer of the mortgage responsibility. Phone Number: 906-635-6312 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. Here's a way to pass the interest in your home deed onwhile you're alive. P.O. Bessemer, MI 49911 Munising, MI 48962 http://www.cheboygancounty.net/county-clerkregister-of-deeds-11/, Chippewa County Register of Deeds The notary will charge a small fee to witness your signature and notarize your deed, typically less than $10. Fax Number: 810-985-4795 https://countyfusion3.kofiletech.us/countyweb/login.do?countyname=Eaton, Emmet County Register of Deeds P.O. . Some common exemptions include homestead exemptions or exemptions for people over the age of 65. 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":"
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\n<\/p><\/div>"}. http://www.mackinaccounty.net/departments/register-of-deeds/, Macomb County Register of Deeds Iron Mountain, MI 49801 Estate Planning in Michigan Using a Ladybird Deed. 113 Chestnut Street Bellaire, MI 49615 Fax Number: 989-269-8786 301 N. Main St. emily in paris savoir office. You can't have it both ways, however. Unlike some other types of property, you can't just add their name to the existing deed. 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. The most common scenario where you might want to add someone to your deed is if you own a home and you get married. 304 E. Ludington Ave. Accessed April 10, 2020. Suite 301 MSU Extension. FindLaw: What's the Difference Between Joint Tenants with Survivorship and Tenants in Common? Fax Number: 906-337-2253 These companies will charge significantly more money than you would pay if you got a copy directly from the recorder's office. http://www.roscommoncounty.net/196/Register-of-Deeds, Saginaw County Register of Deeds Email: clerk@schoolcraftcounty.us 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. https://www.gratiotmi.com/239/Register-of-Deeds, Hillsdale County Register of Deeds This is also where you specify how the two of you will own the property. You might want your spouse to automatically be able to retain ownership of the property if you should become deceased. In some areas, your spouse also must sign the deed. Stanton, MI 48888 Thanks to all authors for creating a page that has been read 206,090 times. Sandusky, MI 48471 St. Ignace, MI 49781 Email: regdnan@dickinsoncountymi.gov Fax Number: 517-676-7287 You should contact your attorney to obtain advice with respect to any particular issue or problem. https://www.vanburencountymi.gov/499/Register-of-Deeds, Washtenaw County Register of Deeds 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. Petoskey, MI 49770 Adding your spouses name to the deed will expose your property to any judgments against him. However, this action can have a financially devastating outcome if you dont prepare in advance. https://www.co.hillsdale.mi.us/index.php/tm-gov/tsm-gov-deeds, Houghton County Register of Deeds Fax Number: 906-863-8839 Phone Number: 906-482-1311 If you add your spouse to your deed, he will have to use your basis if he later sells the property. This article was written by Jennifer Mueller, JD. Accessed April 10, 2020. http://gladwincounty-mi.gov/departments/register-of-deeds/, Gogebic County Register of Deeds Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. Pontiac, MI 48341-0480 Box 269 Phone Number: 906-875-3321 If one of the spouses already has someone they want to add to the property, it is best not to bring this into the picture during the divorce proceedings. 225 W. Main Street 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 . Fax Number: 989-354-9646 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. 200 E Grand River 12265 M-32 West To avoid probate, you must choose an ownership relationship that includes a right of survivorship. : 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. In this case, if one dies, the other automatically becomes the sole owner of the property. About the Author. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/b\/ba\/1540420-1.jpg\/v4-460px-1540420-1.jpg","bigUrl":"\/images\/thumb\/b\/ba\/1540420-1.jpg\/aid1540420-v4-728px-1540420-1.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"
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