This is a law that allows a husband and wife to hold a piece of property as if they were a single entity. 120 W. Michigan Avenue Box 538 401 E. Houghton Ave. Be aware that adding a person to your deed can cause you to lose property tax exemptions, based on how the deed is worded. https://www.oscodacountymi.com/register-of-deeds/, Otsego County Register of Deeds P.O. Her work has appeared in various print and online publications. Suite 301 Flint, MI 48502 Box 70 To add a joint owner to your property dead, you'll first need to check your loan documents or call your lender to determine responsibilities and policies. [1] Fax Number: 231-533-8317 You can add someone to the deed if there is a mortgage, but it will not change who is responsible for the mortgage. 698 https://www.stjosephcountymi.org/government/register-of-deeds, Tuscola County Register of Deeds Fax Number: 231-348-1773 Marquette, MI 49855 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. References Box 269 "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! Some states require extra steps, such . 701 Main Street Mt. The deed must be notarized. If a male grantor is married, Michigan law has historically required his wife to sign the deed to release her dower rights. IRS. The deed must list the name and business address of the person that prepared the deed. Phone Number: 231-832-6113 Estate Planning in Michigan Using a Ladybird Deed. Box 296 Phone Number: 989-317-4089 Fax Number: 810-648-5461 https://www.emmetcounty.org/officials-departments/register-of-deeds/, Genesee County Register of Deeds Email: registerofdeeds@emmetcounty.org Phone Number: 269-945-1289 Harrisville, MI 48740 301 State Street When you use a quitclaim deed, you're only transferring any ownership interest you have. Box 303 Suite 105 Fax Number 989-539-6616 https://www.co.hillsdale.mi.us/index.php/tm-gov/tsm-gov-deeds, Houghton County Register of Deeds Depending on how you claim the property, you may also need a spousal affidavit. In California, you can. In this case, 91% of readers who voted found the article helpful, earning it our reader-approved status. 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). Centreville, MI 49032 Fax Number: 989-895-4296 https://presqueislecounty.org/register-of-deeds/, Roscommon County Register of Deeds https://www.saginawcounty.com/departments/register-of-deeds/, Sanilac County Register of Deeds Rogers City, MI 49779 http://www.roscommoncounty.net/196/Register-of-Deeds, Saginaw County Register of Deeds International Center Phone Number: Both people would acquire their interest in the property at the same time in the chain of title. What or who is a trustee of a trust? Adding someone to your deed means that you have transferred part of your property ownership or the whole property for that matter. http://www.oakgov.com/clerkrod/Pages/default.aspx, Oceana County Register of Deeds Box 388 Email: ROD@ioscocounty.org 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. How do I add someone to my deed? Phone Number: 906-774-0955 P.O. 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. 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. 301 N. Main St. MCL 565.8. These fees usually won't be more than $20. http://lapeercountyweb.org/index.php/departments/register-of-deeds, Leelanau County Register of Deeds Lenawee County Courthouse IRS. 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. 1101 Beach Street, Room 138 Ludington, MI 49431 This might end up activating the due-on-sale clause if it is part of your mortgage clauses. Pontiac, MI 48341-0480 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. If you want to transfer title to a friend or your child, the same principle applies. Once you've signed the deed, take it to the recorder's office where you got the copy of your old deed. By signing up you are agreeing to receive emails according to our privacy policy. Roscommon, MI 48653-7664 Sault Ste. The notary will charge a small fee to witness your signature and notarize your deed, typically less than $10. Otherwise, there is a presumption that the ownership interest will be equal. These companies will charge significantly more money than you would pay if you got a copy directly from the recorder's office. Phone Number: 231-873-4158 P.O. http://alconacountymi.com/?page_id=390, Alger County Register of Deeds A trustee of a trust is the person or agent who is appointed to administer the trust. Mortgage and Deed to House Cheboygan, MI 49721 Phone Number: 231-258-3315 https://www.gratiotmi.com/239/Register-of-Deeds, Hillsdale County Register of Deeds You can also find out by contacting the tax assessor's office in your county. Complete, review and sign the quitclaim or warranty form. This might not be an option if one of the owners does not have good credit. 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. 111 South Canal Street Email: register@miottawa.org Be prepared for them to say no, howeverin fact, this will be their answer in most cases. However, in practice, they may refuse regardless of who you're adding to your house title or why. P.O. Ithaca, MI 48847 Phone Number: 989-672-3840 Howell, MI 48843 By using our site, you agree to our. Adding your spouses name to the deed will expose your property to any judgments against him. If you're getting a copy from your local land registry office, search for your deed in their database or ask for assistance. https://www.mecostacounty.org/government/rod.php, Menominee County Register of Deeds Planning & Economic Development. P.O. Fax Number: 906-863-8839 Buildings, Safety Engineering and Environmental Department. As a small thank you, wed like to offer you a $30 gift card (valid at GoNift.com). Phone Number: 906-875-3321 Ste. You may have to fill out a form to have the deed officially recorded, as well as pay a small fee. One thing that many people do not realize is that transfer of the deed is different from the transfer of the mortgage responsibility. https://rod-eweb.clinton-county.org/recorder/web/, Crawford County Register of Deeds Box 438 Phone Number: 906-524-6100, ext. Midland, MI 48640 Ontonagon, MI 49953 Box 885 It can also affect inheritance rights of heirs and devisees. 839 10th Avenue There are two ways to get a deed. Houghton, MI 49931 http://lakecounty-michigan.com/Courthouse/RegisterofDeeds.aspx, Lapeer County Register of Deeds 12265 M-32 West 400 Monroe, 7th Floor 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. Port Huron, MI 48060 were I to add him to my deed. P.O. 219 Paw Paw Street, Suite 102 https://www.co.midland.mi.us/RegisterofDeeds.aspx, Missaukee County Register of Deeds Ann Arbor, MI 48107-8645 As long as you retain interest in the home, its still going to go through probate. unlocking this expert answer. This article was written by Jennifer Mueller, JD. You can't have it both ways, however. Phone Number: 989-731-7551 Phone Number: 906-643-7306 https://www.gogebiccountymi.gov/government/county_offices/register_of_deeds.php, Grand Traverse County Register of Deeds Email: registerofdeeds@picounty.org 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. 100 E. State Street, Suite 2500 County Government Building White Cloud, MI 49349 "Keeping Your House Out of Probate." Generally, anyone who dies during the first 120 hours after . Phone Number: 989-831-7337 3. Jackson, MI 49201 Government Center 301 W. Upton FindLaw: What's the Difference Between Joint Tenants with Survivorship and Tenants in Common? Strike a line through any verbiage on the deed that does not apply to your circumstances. 201 W. Kalamazoo Avenue https://www.leelanau.gov/registerofdeeds.asp, Lenawee County Register of Deeds 208 N. Shiawassee Street Real Property 313-224-5854 Tenancy by the entirety is only available for married couples and is not recognized in some states. 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. Email: regdnan@dickinsoncountymi.gov "Frequently Asked Questions on Gift Taxes." https://www.clareclerkrod.com/register_of_deeds/index.php, Clinton County Register of Deeds Cadillac, MI 49601 County Building 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.isabellacounty.org/departments/register-of-deeds/, Jackson County Register of Deeds Misconceptions and Realities It is a misconception that someone can be "removed" from the deed. 605 N. Birch St. 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. 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. 211 W. Main St. Approved. Fax Number: 231-882-0167 Fax: 231-922-2770 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. 500 Lake St. Depending on your financial situation, this issue may cause you to reconsider making the addition. 200 W. Michigan Marshall, MI 49068 County Courthouse Building 300 Walnut Street, Room 164 To learn more about tax liability associated with adding your spouse to a deed, read on! Munising, MI 48962 How you add the person to your title affects whether the surviving owner must go through probate. Include your email address to get a message when this question is answered. This article has been viewed 206,090 times. References 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. https://www.co.huron.mi.us/register-of-deeds, Ingham County Register of Deeds 1087 Newell St. P.O. Phone Number: 989-539-7131 120 North Main Charlotte, MI 48813 Suttons Bay, MI 49682-9718 Phone Number: 231-839-4967 Ext 203 To learn more about tax liability associated with adding your spouse to a deed, read on! Phone Number: 517-546-0270 Email: rdeeds@gogebic.org Phone Number: 734-222-6700 Fax Number: 269-467-5593 wikiHow marks an article as reader-approved once it receives enough positive feedback. Box 35 Box 110 If you need a Bell County attorney, we would welcome the opportunity to assist you. 2 S. Main St. Fax Number: 989-275-8640 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.". If you add your spouse to your deed, he will have to use your basis if he later sells the property. Phone Number: 989-790-5270 Leave the notary section blank. Fax Number: 231-627-8453 23 E. Pearl Street 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: 517-676-7287 Phone Number: 269-983-7111 ext. Once youre sure you want to move forward, decide on what kind of co-ownership you want based on your situation. For example, if you owned an 80 percent interest and your sister a 20 percent interest, your sister could only take out a mortgage for 20 percent of the value of the property. Phone Number: 810-667-0211 Email: clerk@cheboygancounty.net Phone Number: 989-734-2676 "I did not know that my spouse's financial history would have an impact on certain benefits to which I am entitled. To create a tenancy in common, you would use "and" or "or" between the names of the property owners on the deed. Getting married does not automatically transfer a property to become a tenancy by entirety. 33 McCollum Street Fax Number: 906-774-4660 In this case, if one dies, the other automatically becomes the sole owner of the property. https://www.antrimcounty.org/departments___services_/register_of_deeds/index.php, Arenac County Register of Deeds Phone Number: 906-863-2822 http://gladwincounty-mi.gov/departments/register-of-deeds/, Gogebic County Register of Deeds If your mortgage contains a due upon sale clause, talk to your lender about adding someone to your deed. Phone Number: 616-632.7610 Phone Number: 269-467-5552 June 14, 2022. Fax Number: 231-779-5352 Phone Number: 906-482-1311 http://recording.crawfordco.org/recorder/web/, Delta County Register of Deeds Phone Number: 989-275-5931 Fax Number: 906-225-8420 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. Keep in mind that you may lose property tax exemptions or be charged gift taxes for adding someone to your title. Accessed April 10, 2020. 8527 E. Government Center Drive Accessed April 10, 2020. https://www.accesskent.com/Departments/RegisterofDeeds/, Keweenaw County Register of Deeds Review your mortgage documents or contact your lender before initiating the process to change your deed. Joint Tenants. https://www.berriencounty.org/296/Register-of-Deeds, Branch County Register of Deeds Phone Number: 231-882-0016 Stanton, MI 48888 For more detailed information on how to add someone to your house title, scroll down. Property tax exemptions mean that you pay lower property taxes, and sometimes no property tax at all. http://www.menomineecounty.com/departments/?department=4a30b23c515d, Midland County Register of Deeds Phone Number: 989-743-2216 This includes the names of the people listed as owners on the deed -- in this case, you and the person you're adding -- and your mailing address, the one to which you would like the recorded deed and tax documents mailed. Fax Number: 906-789-5179 Fax Number: 231-845-7977 Personal Property 313-224-5860 Ionia, MI 48846 Obtain a blank quit claim deed form from an office supply store, attorney or title company. Please Note: The Register of Deeds Office does not prepare or change documents and cannot provide legal assistance. Use a typewriter or computer printer when filling in the information on the deed to ensure it is legible. Phone Number: 989-826-1116 If you want the property to automatically pass to the other owner with the death of one owner, choose a form of co-ownership that includes the "right to survivorship.". If you live in a community property state, you can specify the home or land is community property with a right of survivorship. 214 E. Center St Court House http://www.ioniacounty.org/register-of-deeds/, Iosco County Register of Deeds Phone Number: 231-627-8808 Phone Number: 989-895-4228 The person selling the property is often called the "grantor" while the person buying the property is called the "grantee". Suite 212 You're not guaranteeing you have any interest at all, or that you have particular ownership or possession rights. Here's a way to pass the interest in your home deed onwhile you're alive. 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. Civil Rights, Inclusion & Opportunity Department. You also may have to pay any property taxes that have been reassessed as a result of the change in ownership. To make changes to your property's deed, you must execute a new document rather than simply adding a name to your existing deed. For example, if you are adding a spouse to your house title, the deed transfer will be exempt from reassessment in many states. Fax Number: 989-354-9646 Public Works . Fax Number: 810-667-0293 Fax Number: 989-743-2459 Email: dsimmons@ogemawcountymi.gov Accessed April 10, 2020. P.O. Spell out ownership percentages only if the parties involved are to share ownership in a split other than 50-50. Fax Number: 231-256-8149 If you simply add your child's name to your existing deed, they won't necessarily have rights of survivorship. 515 Center Avenue Suite 102 In the cases of tenancy by entirety and joint tenancy, a deed transfer must take place. Box 368 To add a spouse to a deed, start by reading over your mortgage carefully with your spouse. Harrison, MI 48625 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. Fill out the form and sign it before a notary to make the transfer legal. I can now proceed with an easier and, "I asked if I could do this, and I not only got an answer, but also step-by-step instructions. Research source. The types of transfers that are excluded vary among states. Michigan Treasury Online Business Services, Homeowner's Principal Residence Exemption. West Branch, MI 48661 Crystal Falls, MI 49920 wikiHow is where trusted research and expert knowledge come together. Fax Number: 989-344-3223 Some common exemptions include homestead exemptions or exemptions for people over the age of 65. Saginaw, MI 48602 When you add a person to your deed, you're essentially giving them a gift of a percentage of your property. 448 Court Place http://rd.ingham.org/departments_and_officials/register_of_deeds/index.php, Ionia County Register of Deeds Adam Luehrs is a writer during the day and a voracious reader at night. West Olive, MI 49460 Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin are community property states. In order to accomplish this, you can't just pen in the name on your deed. http://www.masoncounty.net/departments/register-of-deeds/, Mecosta County Register of Deeds Phone Number: 906-293-5521 https://www.missaukee.org/departments/clerk___register_of_deeds/index.php, Monroe County Register of Deeds Big Rapids, MI 49307 Email: mmerchant@gratiotmi.com 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. Home. I want to sell it, but have back taxes. Michigan.gov: Transfer of Ownership Guidelines PREPARED BY THE MICHIGAN STATE TAX COMMISSION. Eagle River, MI 49950 In the cases of tenancy by entirety and joint tenancy, a deed transfer must take place. Phone Number: 906-225-8415 When you die 50 years later, your spouse acquires a house with a fair market value of $900,000. Phone Number: 616-994-4510 https://oceana.mi.us/departments/register-of-deeds/, Ogemaw County Register of Deeds Maybe you just got married and would like your new spouse listed as part owner of your home. Beulah, MI 49617 Email: rod@shiawassee.net Cassopolis, MI 49031 Manistique, MI 49854 Fill in the recording information. The most common way to remove someone from a deed is through a deed of conveyance, such as a quitclaim or warranty deed. She received her JD from Indiana University Maurer School of Law in 2006. Email: rod@livgov.com For example, "Suzy Sunshine and Martin Moon" or "Suzy Sunshine or Martin Moon. Iron Mountain, MI 49801 To avoid probate, you must choose an ownership relationship that includes a right of survivorship. Box 5 Standish, MI 48658 His capital gain would be $900,000. You can do your title search yourself, or you can order one from the title company that issues your title insurance policy. The answer to the question, "How do you add a joint owner to a property?" https://www.manisteecountymi.gov/363/Register-of-Deeds, Marquette County Register of Deeds Fax Number: 989-345-6221 Allegan, MI 49010 250 E. Huron Avenue, Room 203 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. https://www.casscountymi.org/154/Clerk-Register-Office, Charlevoix County Register of Deeds https://montcalm.org/government/register_of_deeds/index.php, Montmorency County Register of Deeds Phone Number: 517-322-1144, Shiawassee County Register of Deeds Phone Number: 248-858-0581 One of the most common questions about deeds is: Can a person's name be on a deed without being on the mortgage? This is a valid reason to have an attorney review a deed before you sign it and have it recorded. http://www.co.grand-traverse.mi.us/587/Register-of-Deeds-Office, Gratiot County Register of Deeds Alpena, MI 49707 Use it to try out great new products and services nationwide without paying full pricewine, food delivery, clothing and more. Phone Number: 586-469-7953 The transfer is excluded from the gift tax if you're adding your spouse to your house title. You, as the "grantor" -- the property owner -- make out a deed conveying title to two "grantees," yourself and your partner. P.O. Articles Real Estate Deeds Made Easy Since 1997. Possibly enlisting the help of an attorney, you will prepare the new deed that lists the joint owner and mentions ownership interest, and then take it to get recorded at the county recorder's office. Survivorship (outliving your co-owner) affects more than just the four types of jointly owned property. Bad Axe, MI 48413 Otherwise, married couples usually claim property as tenants by the entirety. Then, you will have to file a quitclaim deed and then refile another deed to add the new person to the house deed. By using our site, you agree to our. 12220 Fillmore St., Room 146 Fax Number: 906-643-1178 Record the TOD with your county recorder of deeds, and rest assured that your loved one automatically owns your house when you have passed. Did you know you can get premium answers for this article? "What Is Joint Tenancy and When Should I Use It?" 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. 200 N. Main Street http://www.houghtoncounty.net/directory-register-of-deeds.php, Huron County Register of Deeds Email: deeds@co.muskegon.mi.us 111 S. Michigan Avenue https://alpenacounty.org/register-of-deeds/, Antrim County Register of Deeds Please contact our friendly staff at your convenience. In some cases, you may be able to order the deed online. If the value of the gift exceeds the annual exclusion limit ($16,000 for 2022) the donor will need to file a gift tax return (via Form 709) to report the transfer. Fax Number: 989-790-5278 Phone Number: 231-922-4753 51 S Macomb St https://www.deeds.com/recorder/michigan/alger/, Allegan County Register of Deeds 705 S. Stephenson Ave. Strike a line through any verbiage on the deed that does not apply to your circumstances. Get a copy of the title deed from your county clerk's office. Leave the notary section blank. Phone Number: 231-779-9455 P.O. Next, obtain a quitclaim form from the county recorders office where the property is located. Phone Number: 989-832-6820 Fax Number: 734-222-6528 Email: regofdeeds@co.montcalm.mi.us You can buy one of these policies by paying a one-time fee, which typically is relatively low. Fax Number: 231-724-6842 Fax: 989-785-8080 You should contact your attorney to obtain advice with respect to any particular issue or problem. Secretary of State Fax Number: 231-237-0106 Phone Number: 810-257-3060 If you have a tenancy by entirety, then it converts to tenancy in common. Phone Number: 616-527-5320 Phone Number: 989-426-7551 407 West Harrie St. Phone Number: 989-224-5270 https://www.countyofbranch.com/departments/register-of-deeds/, Calhoun County Register of Deeds For more detailed information on how to add someone to your house title, scroll down. P.O. The best advice is to consult an attorney who specializes in these issues regarding the specifics of your situation. Email: rod@berriencounty.org You will have to file a quitclaim deed and then file a new deed with joint ownership. Muskegon, MI 49442 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. A transfer on death (TOD) deed. Fax Number: 616-632-7615 This article helped point the way. Box 111 http://www.benzieco.net/government/county_register_of_deeds/index.php, Berrien County Register of Deeds Joint Tenants with Full Rights of Survivorship. Transferring ownership of a house also means your property will likely be reassessed for tax purposes. Courthouse 100 W. Main Street Choose separate interests if you want one owner to be able to sell their interest in the property without consulting the other owner. He focuses mostly on finance writing and has a passion for real estate, credit card deals, and investing. Owners with separate interests won't have a right to survivorship of the other owner's interest. Grayling, MI 49738 Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. ", a right of survivorship. L'Anse, MI 49946 720 W. Chisholm Street Phone Number: 517-788-4350 Box 8645 120 N. Broadway Feel free to contact us with your questions, concerns or needs by email or by phone at 989-224-5270. 1200 N. Telegraph 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. Therefore, if you want to have survivorship rights, make sure the deed includes language stating that the ownership is as joint tenants with rights of survivorship. Uniform Commercial Code Section 870 S. Main P.O. Charlevoix, MI 49720 Approved. 220 W. Ellsworth Street wikiHow is where trusted research and expert knowledge come together. If you are added to the deed of someone else's home, you are not automatically responsible for the mortgage and payments, only if they add you to the mortgage, too. Phone Number: 269-781-0707 Ideally, you won't just "add" your child's name to your existing deed. Box 195 "Estate Tax." Before you add someone to your house title, consider consulting an attorney to better understand the legal and financial repercussions of doing so. My spouse died, how do I remove my spouse's name from my deed? 101 Court Street 200 Grand River Avenue Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. We recommend that you consult an attorney or real estate professional for assistance in preparing the proper document that will convey the type of interest you want a particular person or entity to have in your property. Baldwin, MI 49304 Fax Number: 989-269-8786 Phone Number: 989-345-0728 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. In this case, 86% of readers who voted found the article helpful, earning it our reader-approved status. 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. http://www.sanilaccounty.net/PublicPages/Entity.aspx?ID=220, Schoolcraft County Register of Deeds This most simple answer is yes. Phone Number: 517-676-7216 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. 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.