Email: dsimmons@ogemawcountymi.gov 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. In this case, 86% of readers who voted found the article helpful, earning it our reader-approved status. Another common question is, can you add someone to a deed if there is a mortgage? https://www.clareclerkrod.com/register_of_deeds/index.php, Clinton County Register of Deeds Tawas City, MI 48764 Jennifer Mueller is an in-house legal expert at wikiHow. Talk to a property law attorney if you're interested in creating a tenancy by the entirety. Home. Uniform Commercial Code Section 225 W. Main Street "Joint Tenancy and Medicaid Eligibility." Phone Number: 906-643-7306 Box 800 St. Joseph, MI 49085 Jensen attended Idaho and Boise State Universities. Phone Number: 231-689-7246 Phone Number: 269-657-8242 Transferring ownership of a house also means your property will likely be reassessed for tax purposes. Manistique, MI 49854 One of the most common incorrect assumptions in real estate is that someone can be added to a deed. Phone Number: 906-875-3321 By signing up you are agreeing to receive emails according to our privacy policy. What form do I need in order to change my last name on the deed to my new married name? Phone Number: 616-527-5320 When you use a quitclaim deed, you're only transferring any ownership interest you have. There are four common ways to hold title to real estate in Michigan: Tenants in Common. Box 8645 County Courthouse Building My son has no interest in the property and has his own. Box 195 There are 8 references cited in this article, which can be found at the bottom of the page. 437 E. Division Fax Number: 231-845-7977 1. She received her JD from Indiana University Maurer School of Law in 2006. Phone Number: 989-832-6820 American Academy of Estate Planning Attorneys. Otherwise, there is a presumption that the ownership interest will be equal. Phone Number: 231-592-0148 If you do not specify the type of ownership, the ownership will be presumed to be tenancy in common. 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. Kalamazoo, MI 49007 Fax Number: 517-676-7287 Phone Number: 616-632.7610 Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. Fax Number: 906-863-8839 https://www.montcounty.org/register-of-deeds.html, Muskegon County Register of Deeds P.O. Fax Number: 906-225-8420 Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Reed City, MI 49677 Bellaire, MI 49615 Email: rod@berriencounty.org Newberry, MI 49868 There are exceptions, such as if the other person is not paying you any money to be added to the deed. 211 W. Main St. 33 McCollum Street However, in practice, they may refuse regardless of who you're adding to your house title or why. 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. Note: A deed is an instrument used to transfer ownership (title) to another person. You want to transfer the property from yourself to your spouse and yourself, making the two of you joint owners. In this case, 91% of readers who voted found the article helpful, earning it our reader-approved status. Thanks to all authors for creating a page that has been read 206,090 times. Ithaca, MI 48847 111 South Canal Street Once it's done, you can't take it back unless the person. Phone Number: 906-667-0381 http://www.arenaccountygov.com/register_of_deeds/, Baraga County Register of Deeds not mine. https://www.geneseecountymi.gov/departments/register_of_deeds/index.php, Gladwin County Register of Deeds Email: rdeeds@gogebic.org Roberts and Roberts, L.L.P. % of people told us that this article helped them. If you are adding a spouse or a child to your house title, the transfer typically will be excluded from reassessment. P.O. County Government Building Both people would acquire their interest in the property at the same time in the chain of title. Fax: 877-443-9505 Mt. http://schoolcraftcounty.net/government/elected-officials/clerk-and-register-of-deeds MCL 565.201a. Building 12 East Accessed April 10, 2020. Email: registerofdeeds@isabellacounty.org Government Center 12265 M-32 West A trustee of a trust is the person or agent who is appointed to administer the trust. Then, sign the completed form in the presence of a notary before submitting it to the recorders office! https://www.gogebiccountymi.gov/government/county_offices/register_of_deeds.php, Grand Traverse County Register of Deeds Each type of ownership carries unique characteristics, and factors such as financial ability, family relations and marital . Paw Paw, Michigan 49079 Check with a property law attorney if you want to create a joint tenancy and are unsure of the language to use. Civil Rights, Inclusion & Opportunity Department. Fax Number: 989-846-9166 23 E. Pearl Street If your lender agrees not to enforce the clause, get the agreement in writing. Both her name and my son's name are on the deed. Phone Number: Pleasant, MI 48858 Mio, MI 48647 Mason, MI 48854 https://www.co.jackson.mi.us/269/Register-of-Deeds, Kalamazoo County Register of Deeds Phone Number: 989-224-5270 Public Works . emily in paris savoir office. IRS. You may have to fill out a form to have the deed officially recorded, as well as pay a small fee. County Building 839 10th Avenue Real Property 313-224-5854 https://www.co.hillsdale.mi.us/index.php/tm-gov/tsm-gov-deeds, Houghton County Register of Deeds Go back to your county recorders office to get the deed recorded so it becomes part of the official property record. Phone Number: 231-627-8808 wikiHow is where trusted research and expert knowledge come together. 120 North Main These fees usually won't be more than $20. Courthouse 100 W. Main Street Charlevoix, MI 49720 Fax Number: 231-258-3345 Ann Arbor, MI 48107-8645 How do we add my name to note? 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. Complete, review and sign the quitclaim or warranty form. https://ironmi.com/register-of-deeds, Isabella County Register of Deeds Secretary of State 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. St. Johns, MI 48879-1580 P.O. Her work has appeared in various print and online publications. Phone Number: 906-524-6100, ext. Phone Number: 269-383-8970 The deed should include the grantor's marital status. Email: register@wexfordcounty.org The deed must list the name and business address of the person that prepared the deed. Approved. If you own the property as joint tenants with rights of survivorship and one of the owners dies, the entire property will pass to the other owner. These companies will charge significantly more money than you would pay if you got a copy directly from the recorder's office. "Avoiding Probate With a Transfer-on-Death Deed." If you choose this type of ownership, then one cannot sell or dispose of the property without the consent of the other. Please contact our friendly staff at your convenience. The form will include a blank for your name, the names of the people to whom you want to transfer the property, and the legal description of the property (which you can copy from your old deed). Phone Number: 989-846-9201 P.O. The notary will need to verify your identity. 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: 810-989-6930 https://www.co.muskegon.mi.us/848/Register-of-Deeds, Newaygo County Register of Deeds Suite 400 This is a law that allows a husband and wife to hold a piece of property as if they were a single entity. Charlotte, MI 48813 Email: mmerchant@gratiotmi.com Phone Number: 586-469-7953 To continue the previous example, suppose you added your spouse to the deed for the house you bought for $100,000. The most common scenario where you might want to add someone to your deed is if you own a home and you get married. Marie, MI 49783 Email: register@masoncounty.net Fill out the form and sign it before a notary to make the transfer legal. http://www.masoncounty.net/departments/register-of-deeds/, Mecosta County Register of Deeds . P.O. Use it to try out great new products and services nationwide without paying full pricewine, food delivery, clothing and more. 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. His capital gain would be $900,000. P.O. P.O. Box 70 If you live in a community property state, you can specify the home or land is community property with a right of survivorship. https://www.otsegocountymi.gov/259/Register-of-Deeds, Ottawa County Register of Deeds P.O. Phone Number: 269-983-7111 ext. how to add someone to a deed in michigan. http://lapeercountyweb.org/index.php/departments/register-of-deeds, Leelanau County Register of Deeds Fax Number: 517-546-5966 Include your name and the name of the person you want to add to your house title. 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: 989-539-7131 Phone Number: 989-317-4089 Planning & Economic Development. 605 N. Birch St. The American College of Trust and Estate Counsel. If you are transferring an interest to your spouse, many states have laws that automatically give you survivorship rights and also protect the property from your spouse's creditors. Marquette, MI 49855 Fax Number: 989-743-2459 422 W. Lake Street Phone Number: 989-785-8079 255 W. Main Street 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. Buildings, Safety Engineering and Environmental Department. 120 N. Grove Street One of the most common questions about deeds is: Can a person's name be on a deed without being on the mortgage? Warranty deeds come with some type of . Box 609 "Adding someone to a deed" means transferring ownership to that person. Especially if you previously consulted an attorney, you may want to have them look over the new deed and make sure it will achieve your goals for co-ownership of your house. It's revocable. Survivorship (outliving your co-owner) affects more than just the four types of jointly owned property. This article helped point the way. MSU Extension. Box 538 Accessed April 10, 2020. If your goal is to avoid probate, be sure to specify on the form that you're claiming as joint tenants with a right of survivorship. However, not every state has this type of ownership, and the application is different in every state. Michigan.gov: Transfer of Ownership Guidelines PREPARED BY THE MICHIGAN STATE TAX COMMISSION. Phone Number: 906-789-5100 The deed must be notarized. She began working in the fitness industry in 1987, and her experience includes editing and publishing a workout manual. Email: regdnan@dickinsoncountymi.gov https://www.washtenaw.org/262/Clerk-Register-of-Deeds, Wayne County Register of Deeds were I to add him to my deed. You can buy one of these policies by paying a one-time fee, which typically is relatively low. Fax Number: 231-398-3544 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. The answer to the question, "How do you add a joint owner to a property?" Phone Number: 906-387-2076 There are different forms of deeds depending on the situation involved. Depending on how you claim the property, you may also need a spousal affidavit. https://www.co.monroe.mi.us/549/Register-of-Deeds, Montcalm County Register of Deeds For example, Sacramento County charges a one-time tax of 1.1% of the value of the property when you file a new deed. Email: regofdeeds@co.montcalm.mi.us 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. Accessed April 10, 2020. 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. Court House 400 Elm Street 201 W. Kalamazoo Avenue Fax Number: 989 - 984-1101 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. 698 P.O. "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! Rogers City, MI 49779 Phone Number: 616-994-4510 Fax: 989-785-8080 300 Walnut Street, Room 164 Phone Number: 989-743-2216 Escanaba, MI 49829 It doesn't matter whether money was exchanged or not. 103 http://www.kalcounty.com/clerk/, Kalkaska County Register of Deeds When we bought a home, I was still not divorced. For example, "Suzy Sunshine and Martin Moon" or "Suzy Sunshine or Martin Moon. http://www.co.calhoun.mi.us/, Cass County Register of Deeds Sandusky, MI 48471 This most simple answer is yes. References Phone Number: 231-882-0016 https://www.leelanau.gov/registerofdeeds.asp, Lenawee County Register of Deeds Accessed April 10, 2020. https://www.allegancounty.org/departments/register-of-deeds, Alpena County Register of Deeds https://www.stclaircounty.org/offices/register_of_deeds/, St. Joseph County Register of Deeds If the current owner received title insurance on the property when they came into possession, they may want to contact the company that wrote the policy to make sure that a deed will not affect the policy. Adam Luehrs is a writer during the day and a voracious reader at night. 100 Marley Street Phone Number: 906-635-6312 1045 Independence Blvd. 1101 Beach Street, Room 138 Articles Real Estate Deeds Made Easy Since 1997. 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. How you add the person to your title affects whether the surviving owner must go through probate. https://www.newaygocountymi.gov/departments/register-of-deeds/home/, Oakland County Register of Deeds 400 Boardman Fax Number 989-539-6616 As a small thank you, wed like to offer you a $30 gift card (valid at GoNift.com). Coldwater, MI 49036 The transfer is excluded from the gift tax if you're adding your spouse to your house title. 515 Center Avenue Suite 102 : 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.