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. 341 S. Jefferson Room 201 MSU Extension. 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. West Branch, MI 48661 100 Marley Street 5095 4th St. 1. Unlike some other types of property, you can't just add their name to the existing deed. Phone Number: 616-632.7610 Pleasant, MI 48858 225 W. Main Street Port Huron, MI 48060 To learn more about tax liability associated with adding your spouse to a deed, read on! This is also where you specify how the two of you will own the property. Without reading this article, I would have pursued a different route. Phone Number: 989-345-0728 Sandusky, MI 48471 Accessed April 10, 2020. Box 609 https://www.co.marquette.mi.us/departments/register_of_deeds/index.php, Mason County Register of Deeds Iron Mountain, MI 49801 Phone Number: 906-387-2076 American Academy of Estate Planning Attorneys. You should contact your attorney to obtain advice with respect to any particular issue or problem. By signing up you are agreeing to receive emails according to our privacy policy. Box 376 Ionia, MI 48846 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. https://www.mecostacounty.org/government/rod.php, Menominee County Register of Deeds Your state law may have other specific languages to use. Phone Number: 231-256-9682 Gaylord, MI 49735 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. 2 South 6th Street, Suite 11 http://lakecounty-michigan.com/Courthouse/RegisterofDeeds.aspx, Lapeer County Register of Deeds http://www.tuscolacounty.org/rod/, Van Buren County Register of Deeds However, this action can have a financially devastating outcome if you don't prepare in advance. Email: goodreauw@baragacounty.org Thanks to all authors for creating a page that has been read 206,090 times. 1200 N. Telegraph Department of Public Works 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. Phone Number: 989-426-7551 You can add someone to the deed if there is a mortgage, but it will not change who is responsible for the mortgage. 125 W. Main St. The deed must list the name and business address of the person that prepared the deed. Joint Tenants. Fax Number: 989-734-0506 https://www.antrimcounty.org/departments___services_/register_of_deeds/index.php, Arenac County Register of Deeds Cassopolis, MI 49031 701 Main Street https://www.montcounty.org/register-of-deeds.html, Muskegon County Register of Deeds 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. If you add your spouse to your deed, he will have to use your basis if he later sells the property. [1] My son has no interest in the property and has his own. When executed and notarized, the quitclaim deed legally overrides the current deed to. 120 N. Grove Street Fax Number: 989-354-9646 Bad Axe, MI 48413 Research source. Leave the notary section blank. 120 W. Michigan Avenue 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. wikiHow marks an article as reader-approved once it receives enough positive feedback. To continue the previous example, suppose you added your spouse to the deed for the house you bought for $100,000. Fax Number: 269-982-8659 https://www.vanburencountymi.gov/499/Register-of-Deeds, Washtenaw County Register of Deeds Use full legal names, and the appropriate language to create the type of co-ownership you've chosen. Kalkaska, MI 49646 Accessed April 10, 2020. http://gladwincounty-mi.gov/departments/register-of-deeds/, Gogebic County Register of Deeds 515 Center Avenue Suite 102 Petoskey, MI 49770 http://schoolcraftcounty.net/government/elected-officials/clerk-and-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. Fax Number: 906-875-0658 If you are adding a spouse or a child to your house title, the transfer typically will be excluded from reassessment. % of people told us that this article helped them. Fax Number: 231-779-5352 Owners with separate interests won't have a right to survivorship of the other owner's interest. https://www.stjosephcountymi.org/government/register-of-deeds, Tuscola County Register of Deeds 720 W. Chisholm Street Fax Number:231-839-3684 2 S. Main St. 400 Monroe, 7th Floor Depending on your spouses financial status and earnings history, adding his name to your deed may make you ineligible for refinancing, a reverse mortgage, or certain government benefits such as Medicaid. 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. ", https://www.consumer-action.org/english/articles/before_you_add_someone_to_your_title2006/, https://www.irs.gov/businesses/small-businesses-self-employed/gift-tax, https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-gift-taxes, https://saclaw.org/wp-content/uploads/sbs-completing-and-recording-deeds.pdf, https://www.americanbar.org/content/dam/aba/publishing/rpte_ereport/2015/2-March/enforceability_of_mortgage.authcheckdam.pdf, https://www.extension.iastate.edu/agdm/wholefarm/html/c4-51.html, http://realestate.findlaw.com/buying-a-home/do-you-need-title-insurance.html. ", a right of survivorship. Email: dsimmons@ogemawcountymi.gov 1087 Newell St. Phone Number: 989-875-5217 Fax Number: 810-648-5461 P.O. Phone Number: 231-882-0016 http://www.oakgov.com/clerkrod/Pages/default.aspx, Oceana County Register of Deeds Fill out the form and sign it before a notary to make the transfer legal. In short, no one can be passively removed from a title. The notary will need to verify your identity. Pontiac, MI 48341-0480 "I did not know that my spouse's financial history would have an impact on certain benefits to which I am entitled. 205 E. 11th St. Phone Number: 989-269-9941 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. Some common exemptions include homestead exemptions or exemptions for people over the age of 65. Finally, neatly fill out your new deed, sign in the presence of a notary, and file the new deed at the county recorders office. https://www.accesskent.com/Departments/RegisterofDeeds/, Keweenaw County Register of Deeds There are two ways to get a deed. A transfer on death (TOD) deed. County Government Building 12220 Fillmore St., Room 146 Big Rapids, MI 49307 https://www.missaukee.org/departments/clerk___register_of_deeds/index.php, Monroe County Register of Deeds It can also affect inheritance rights of heirs and devisees. Fax Number: 989-790-5278 Stanton, MI 48888 You, as the "grantor" -- the property owner -- make out a deed conveying title to two "grantees," yourself and your partner. https://www.co.huron.mi.us/register-of-deeds, Ingham County Register of Deeds Issues of marriage and property ownership become complicated when a divorce is involved. Suite M-3 Phone Number: 616-994-4510 https://www.stclaircounty.org/offices/register_of_deeds/, St. Joseph County Register of Deeds Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. 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. 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. Mortgage and Deed to House Fax Number: 734-240-7395 https://www.saginawcounty.com/departments/register-of-deeds/, Sanilac County Register of Deeds https://montcalm.org/government/register_of_deeds/index.php, Montmorency County Register of Deeds Phone Number: 231-839-4967 Ext 203 Tenants by the Entirety. Box 377 Coldwater, MI 49036 By using our site, you agree to our. Harrisville, MI 48740 Last Updated: February 22, 2023 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. Estate Planning in Michigan Using a Ladybird Deed. 301 State Street https://keweenawbay.org/government/departments/county-clerk-register-of-deeds/, Barry County Register of Deeds This might end up activating the due-on-sale clause if it is part of your mortgage clauses. She received her JD from Indiana University Maurer School of Law in 2006. Grand Rapids, MI 49503 wikiHow is where trusted research and expert knowledge come together. In this case, if one dies, the other automatically becomes the sole owner of the property. 23 E. Pearl Street Jennifer Mueller is an in-house legal expert at wikiHow. The most common way to remove someone from a deed is through a deed of conveyance, such as a quitclaim or warranty deed. Hart, MI 49420 Allegan, MI 49010 448 Court Place Some states have a specific deed-holding status: Tenants in the entirety. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. Approved. 315 W. Green St. Include your name and the name of the person you want to add to your house title. The best advice is to consult an attorney who specializes in these issues regarding the specifics of your situation. Cheboygan, MI 49721 IRS. If you are in one of these situations, you might be wondering how to add someone to your house deed if you live in Michigan. These clauses typically state that if you ask your lender for permission to add someone to your house title, they won't unreasonably refuse. 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. 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. Maybe you just got married and would like your new spouse listed as part owner of your home. For example, "Suzy Sunshine and Martin Moon" or "Suzy Sunshine or Martin Moon. Box 35 Box 718 1045 Independence Blvd. A trustee of a trust is the person or agent who is appointed to administer the trust. 219 Paw Paw Street, Suite 102 Did you know you can get premium answers for this article? Depending on your financial situation, this issue may cause you to reconsider making the addition. 422 W. Lake Street Phone Number: 906-225-8415 101 Court Street Get a copy of the title deed from your county clerk's office. Generally, anyone who dies during the first 120 hours after . P.O. https://www.co.muskegon.mi.us/848/Register-of-Deeds, Newaygo County Register of Deeds P.O. Phone Number: 906-875-3321 Fax Number: 989-269-8786 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. https://rod-eweb.clinton-county.org/recorder/web/, Crawford County Register of Deeds 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. Lake City, MI 49651 http://www.sanilaccounty.net/PublicPages/Entity.aspx?ID=220, Schoolcraft County Register of Deeds 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.
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