Your state law may have other specific languages to use. You'll become joint tenants with rights of survivorship. http://www.co.calhoun.mi.us/, Cass County Register of Deeds Suite 301 Beulah, MI 49617 Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. 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. 304 E. Ludington Ave. This might not be an option if one of the owners does not have good credit. A B C D E F G H I J K L M N O P Q R S T U V W X Y Z, Alcona County Register of Deeds Tawas City, MI 48764 Obtain the necessary consents from lenders and . 287 W. Nepessing Street Suite 1 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. 51 S Macomb St https://www.co.marquette.mi.us/departments/register_of_deeds/index.php, Mason County Register of Deeds Generally speaking, adding another owner only makes the probate process more complicated. Sacramento County Public Law Library. 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. 120 North Main To create a tenancy in common, you would use "and" or "or" between the names of the property owners on the deed. Go to the county recorders office and get a quitclaim form. Civil Rights, Inclusion & Opportunity Department. Talk to a property law attorney if you're interested in creating a tenancy by the entirety. Approved. His capital gain would be $900,000. Box 368 P.O. Big Rapids, MI 49307 Phone Number: 906-293-5521 Or, it could be that you want the ownership of your property to go to your child in the event of your death. Email: deeds@co.muskegon.mi.us Phone Number: 989-831-7337 Box 538 701 Main Street Use a typewriter or computer printer when filling in the information on the deed to ensure it is legible. Email: regdnan@dickinsoncountymi.gov 3. 211 W. Main St. Phone Number: 231-592-0148 Mio, MI 48647 She received her JD from Indiana University Maurer School of Law in 2006. What or who is a trustee of a trust? 113 Chestnut Street Corunna, MI 48817 http://www.menomineecounty.com/departments/?department=4a30b23c515d, Midland County Register of Deeds One thing that many people do not realize is that transfer of the deed is different from the transfer of the mortgage responsibility. Planning & Economic Development. Flint, MI 48502 Michigan Quitclaim Deed Form | Get a Quit Claim Deed Online - DeedClaim How To Add Someone To A Deed In Georgia - US Legal Forms Be aware that adding a person to your deed can cause you to lose property tax exemptions, based on how the deed is worded. Phone Number: 231-724-6271 Feel free to contact us with your questions, concerns or needs by email or by phone at 989-224-5270. 173 East Apple Avenue Also, I did not know the deed has to be worded a certain way in order to avoid probate upon my death. References Fax Number: 810-768-7965 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. Fax Number: 231-237-0106 P.O. I want to sell it, but have back taxes. Phone Number: 517-279-4320 Use it to try out great new products and services nationwide without paying full pricewine, food delivery, clothing and more. If you want to transfer title to a friend or your child, the same principle applies. http://www.shiawassee.net/ROD/, St. Clair County Register of Deeds Fax Number:231-839-3684 Fax Number: 231-779-5352 There's no harm in asking your bank or mortgage company if you can simply add a person to your mortgage. {"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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\n<\/p><\/div>"}. Box 376 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. % of people told us that this article helped them. 407 West Harrie St. The deed must list the name and business address of the person that prepared the deed. 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. 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. Phone Number: 231-689-7246 Fax Number: 269-781-0720 Joint Tenants with Full Rights of Survivorship. Fax Number: 906-635-6855 Phone Number: 906-643-7306 June 14, 2022. . Phone Number: 231-873-4158 Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. https://www.deeds.com/recorder/michigan/alger/, Allegan County Register of Deeds Fax Number: 231-689-7271 You're not guaranteeing you have any interest at all, or that you have particular ownership or possession rights. Box 35 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. Box 367 In this case, 91% of readers who voted found the article helpful, earning it our reader-approved status. Fax Number: 989-895-4296 "Avoiding Probate With a Transfer-on-Death Deed." Paw Paw, Michigan 49079 8527 E. Government Center Drive West Olive, MI 49460 https://rod.chippewacountymi.gov/landweb.dll/$/, Clare County Register of Deeds 120 N. Grove Street Then, you will have to file a quitclaim deed and then refile another deed to add the new person to the house deed. Once it's done, you can't take it back unless the person. Phone Number: 269-983-7111 ext. You may also have to pay a document transfer tax. 400 Elm Street My spouse died, how do I remove my spouse's name from my 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. 315 W. Green St. "The Trade-Offs of Repealing Step-Up in Basis." Howell, MI 48843 Fax Number: 989-734-0506 208 N. Shiawassee Street Email: registerofdeeds@isabellacounty.org 319 Court Street 301 State Street 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. Box 5 Charlevoix, MI 49720 X List of County Register of Deeds . FAQs: Property Deeds in Muskegon - Bowen Law When you die 50 years later, your spouse acquires a house with a fair market value of $900,000. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. P.O. One of the most common incorrect assumptions in real estate is that someone can be added to a deed. Court House Phone Number: 517-788-4350 Suite 212 Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. 1045 Independence Blvd. It doesn't matter whether money was exchanged or not. Allegan, MI 49010 The current owner would also be one of the grantees, the persons receiving the grantors rights to the property. Unlike some other types of property, you can't just add their name to the existing deed. Jackson, MI 49201 You can add someone to the deed if there is a mortgage, but it will not change who is responsible for the mortgage. 111 South Canal Street When we bought a home, I was still not divorced. Get a copy of your current deed and select the type of new deed form you want to use. 2 S. Main St. Cadillac, MI 49601 That applies only to married couples. To make changes to your property's deed, you must execute a new document rather than simply adding a name to your existing deed. 200 N. Main Street https://www.co.midland.mi.us/RegisterofDeeds.aspx, Missaukee County Register of Deeds http://www.cheboygancounty.net/county-clerkregister-of-deeds-11/, Chippewa County Register of Deeds How Do I Add Another Person to My House Deed? - The Nest Property tax exemptions mean that you pay lower property taxes, and sometimes no property tax at all. Choose separate interests if you want one owner to be able to sell their interest in the property without consulting the other owner. You also may have to pay any property taxes that have been reassessed as a result of the change in ownership. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Box 168 A transfer on death (TOD) deed. Jensen attended Idaho and Boise State Universities. Enjoy! "Frequently Asked Questions on Gift Taxes." As long as you retain interest in the home, its still going to go through probate. Go back to your county recorders office to get the deed recorded so it becomes part of the official property record. 310 Ludington Street, Suite 104 MSU Extension. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date. In some areas, your spouse also must sign the deed. Be prepared for them to say no, howeverin fact, this will be their answer in most cases. We use cookies to make wikiHow great. Phone Number: 269-657-8242 That means he could pay substantially more in capital gains taxes than if he acquired the property when you died. 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. A trustee of a trust is the person or agent who is appointed to administer the trust. The lawyers of Roberts & Roberts are Killeen attorneys providing legal services in the fields of real estate, probate, estate planning, and business law. 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. 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. : 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. 725 Greenland Road To continue the previous example, suppose you added your spouse to the deed for the house you bought for $100,000. Email: registerofdeeds@emmetcounty.org 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. Tax Foundation. One thing to be careful of in this situation is title insurance coverage. Adding someone to your deed means that you have transferred part of your property ownership or the whole property for that matter. The notary will need to verify your identity. Ontonagon, MI 49953 Strike a line through any verbiage on the deed that does not apply to your circumstances. https://www.co.huron.mi.us/register-of-deeds, Ingham County Register of Deeds 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. When he sells it five years later for $1 million, he only owes capital gains taxes on $100,000. Phone Number: 989-348-2841 http://www.barrycounty.org/departments_and_officials/officials/register_of_deeds/index.php, Bay County Register of Deeds One of the most common incorrect assumptions in real estate is that someone can be added to a deed. Then, sign the completed form in the presence of a notary before submitting it to the recorders office! They still used my income, but I'm not on the note. This might end up activating the due-on-sale clause if it is part of your mortgage clauses. Department of Public Works This is wonderful!". Both people would acquire their interest in the property at the same time in the chain of title. Public Works . To learn more about tax liability associated with adding your spouse to a deed, read on! "Gave me the clear directions I needed and informed me that what I really want to do, claiming as joint tenants with, "I was so happy to find this article, it answered all my questions! In the cases of tenancy by entirety and joint tenancy, a deed transfer must take place. Email: clerk@cheboygancounty.net Cheboygan, MI 49721 100 N. State Street Phone Number: 231-922-4753 To avoid probate, you must choose an ownership relationship that includes a right of survivorship. Fax Number: 989-426-6902 These exemptions vary among states. Fax Number: 231-258-3345 If you choose this type of ownership, then one cannot sell or dispose of the property without the consent of the other. Fax Number: 989-731-7519 https://www.washtenaw.org/262/Clerk-Register-of-Deeds, Wayne County Register of Deeds Fax Number: 517-543-4134 Last Updated: June 3, 2020 About the Author. Phone Number: 989-743-2216 http://www.sanilaccounty.net/PublicPages/Entity.aspx?ID=220, Schoolcraft County Register of Deeds If avoiding probate is a priority, an attorney can help you find the best method to add the other person to your house title. http://recording.crawfordco.org/recorder/web/, Delta County Register of Deeds Phone Number: 231-839-4967 Ext 203 200 E Grand River 225 W. Main Street 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. She received her JD from Indiana University Maurer School of Law in 2006. Adding a Person to a Deed Using a Quit Claim Deed - Deeds.com Email: clerk@schoolcraftcounty.us 205 E. 11th St. 200 W. Michigan