There are different forms of deeds depending on the situation involved. The answer to the question, "How do you add a joint owner to a property?" These companies will charge significantly more money than you would pay if you got a copy directly from the recorder's office. One of the most common questions about deeds is: Can a person's name be on a deed without being on the mortgage? 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. 725 Greenland Road Lenawee County Courthouse What or who is a trustee of a trust? Tenants by the Entirety. The current owner the person giving away their rights to the property would be the grantor in the quit claim deed. https://www.accesskent.com/Departments/RegisterofDeeds/, Keweenaw County Register of Deeds Ste. Mt. E-mail:clerksoffice@macombgov.org Phone Number: 989-743-2216 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. https://www.co.hillsdale.mi.us/index.php/tm-gov/tsm-gov-deeds, Houghton County Register of Deeds P.O. If a male grantor is married, Michigan law has historically required his wife to sign the deed to release her dower rights. P.O. Rogers City, MI 49779 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. 422 W. Lake Street This is wonderful!". In this case, 86% of readers who voted found the article helpful, earning it our reader-approved status. 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. https://www.montcounty.org/register-of-deeds.html, Muskegon County Register of Deeds Fax Number: 231-873-9218 220 W. Ellsworth Street http://www.shiawassee.net/ROD/, St. Clair County Register of Deeds Many reasons might exist that would make you want to add someone to the deed to your house. There's no harm in asking your bank or mortgage company if you can simply add a person to your mortgage. https://countyfusion3.kofiletech.us/countyweb/login.do?countyname=Eaton, Emmet County Register of Deeds Get a copy of your current deed and select the type of new deed form you want to use. Fax Number: 989-826-1156 Her work has appeared in various print and online publications. Enjoy! Obtain a blank quit claim deed form from an office supply store, attorney or title company. 100 E. State Street, Suite 2500 L'Anse, MI 49946 This is a law that allows a husband and wife to hold a piece of property as if they were a single entity. 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. Port Huron, MI 48060 If youve recently married and already own a home or other real estate, you may want to add your new spouse to the deed for your property so the two of you own it jointly. "The Trade-Offs of Repealing Step-Up in Basis." Then, you will have to file a quitclaim deed and then refile another deed to add the new person to the house deed. Did you know you can get premium answers for this article? Leave the notary section blank. https://montcalm.org/government/register_of_deeds/index.php, Montmorency County Register of Deeds Include your name and the name of the person you want to add to your house title. This article was written by Jennifer Mueller, JD. Buildings, Safety Engineering and Environmental Department. https://www.mecostacounty.org/government/rod.php, Menominee County Register of Deeds Phone Number: 989-831-7337 Box 5 There are 8 references cited in this article, which can be found at the bottom of the page. I want to sell it, but have back taxes. Email: deeds@co.muskegon.mi.us Phone Number: 906-863-2822 250 E. Huron Avenue, Room 203 400 Boardman Once youre sure you want to move forward, decide on what kind of co-ownership you want based on your situation. Box 367 How to transfer property titles in Michigan becomes complicated in these cases because each owner only owns a portion of the property. Returning to the $100,000, suppose you create a TOD deed for your spouse. Warranty deeds come with some type of . Then, sign the completed form in the presence of a notary before submitting it to the recorders office! 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. Or, it could be that you want the ownership of your property to go to your child in the event of your death. https://presqueislecounty.org/register-of-deeds/, Roscommon County Register of Deeds The short answer: No. Accessed April 10, 2020. However, this action can have a financially devastating outcome if you don't prepare in advance. Building 12 East She received her JD from Indiana University Maurer School of Law in 2006. Phone Number: 269-781-0707 Phone Number: 906-875-3321 Box 538 You can do your title search yourself, or you can order one from the title company that issues your title insurance policy. Roscommon, MI 48653-7664 P.O. 200 Division Street, Suite 150 225 W. Main Street Fax Number: 231-627-8453 Many of these reasons involve marriage, moving in together, divorce or estate issues. Michigan.gov: Transfer of Ownership Guidelines PREPARED BY THE MICHIGAN STATE TAX COMMISSION. When executed and notarized, the quitclaim deed legally overrides the current deed to your home. 125 W. Main St. 120 N. Broadway 125 W. Lincoln St. Fax Number: 989-895-4296 P.O. Fax: 231-922-2770 http://recording.crawfordco.org/recorder/web/, Delta County Register of Deeds It's awesome and well-written, very clear on how, "Understanding how to add me to the deed, I had no idea of the consequences. Email: mmerchant@gratiotmi.com http://www.iosco.net/departments/register-of-deeds/, Iron County Register of Deeds 23 E. Pearl Street http://www.tuscolacounty.org/rod/, Van Buren County Register of Deeds % of people told us that this article helped them. Room 136 Fax Number: 989-832-6842 If you have a tenancy by entirety, then it converts to tenancy in common. Articles Real Estate Deeds Made Easy Since 1997. You will have to file a quitclaim deed and then file a new deed with joint ownership. https://oceana.mi.us/departments/register-of-deeds/, Ogemaw County Register of Deeds Bay City, MI 48708 http://alconacountymi.com/?page_id=390, Alger County Register of Deeds Detroit, MI 48226 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. That means when you die, your spouse will absorb your ownership share of the property. 1. Email: register@wexfordcounty.org P.O. https://www.newaygocountymi.gov/departments/register-of-deeds/home/, Oakland County Register of Deeds Email: goodreauw@baragacounty.org St. Joseph, MI 49085 The best advice is to consult an attorney who specializes in these issues regarding the specifics of your situation. The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. 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. Joint Tenants with Full Rights of Survivorship. Transferring ownership of a house also means your property will likely be reassessed for tax purposes. 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. The person selling the property is often called the "grantor" while the person buying the property is called the "grantee". "Adding someone to a deed" means transferring ownership to that person. 2 S. Main St. "What Is Joint Tenancy and When Should I Use It?" Phone Number: 810-648-2313 P.O. International Center One thing to be careful of in this situation is title insurance coverage. Adding your spouses name to the deed will expose your property to any judgments against him. Flint, MI 48502 Otherwise, married couples usually claim property as tenants by the entirety. Phone Number: 989-275-5931 P.O. You want to transfer the property from yourself to your spouse and yourself, making the two of you joint owners. https://www.co.muskegon.mi.us/848/Register-of-Deeds, Newaygo County Register of Deeds FindLaw: What's the Difference Between Joint Tenants with Survivorship and Tenants in Common? Phone Number: 906-789-5100 When you use a quitclaim deed, you're only transferring any ownership interest you have. 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 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. Phone Number: 906-774-0955 437 E. Division If your lender agrees not to enforce the clause, get the agreement in writing. P.O. 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 recorder's office. 698 Step 1: Download the MI quitclaim deed form. However, not every state has this type of ownership, and the application is different in every state. Strike a line through any verbiage on the deed that does not apply to your circumstances. 315 W. Green St. However, in practice, they may refuse regardless of who you're adding to your house title or why. Suttons Bay, MI 49682-9718 Especially with large lenders, it isn't uncommon to get a bill for the balance of the mortgage when the transfer is complete. Were committed to providing the world with free how-to resources, and even $1 helps us in our mission. Each type of ownership carries unique characteristics, and factors such as financial ability, family relations and marital . If you choose this type of ownership, then one cannot sell or dispose of the property without the consent of the other. 173 East Apple Avenue In short, no one can be passively removed from a title. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Thank you. 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. Procedures vary by state, so it's best to hold off signing the deed until you're in the presence of the notary at the recorder's office so that the signatures can be witnessed. Suite 301 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. To add someone to your house title, you must create a new deed that transfers the title of the property to both you and the other person. http://lakecounty-michigan.com/Courthouse/RegisterofDeeds.aspx, Lapeer County Register of Deeds Research source. 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. Phone Number: 989-790-5270 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. http://gladwincounty-mi.gov/departments/register-of-deeds/, Gogebic County Register of Deeds This is also where you specify how the two of you will own the property. Phone Number: 269-983-7111 ext. emily in paris savoir office. Lake City, MI 49651 113 Chestnut Street Survivorship (outliving your co-owner) affects more than just the four types of jointly owned property. You can add someone to the deed if there is a mortgage, but it will not change who is responsible for the mortgage. Phone Number: 616-527-5320 Box 8645 Accessed April 10, 2020. wikiHow marks an article as reader-approved once it receives enough positive feedback. Please contact an attorney for any legal questions you may have. If wikiHow has helped you, please consider a small contribution to support us in helping more readers like you. MCL 565.201a. Government Center Email: regofdeeds@co.montcalm.mi.us Getting married does not automatically transfer a property to become a tenancy by entirety. Fax Number: 517-546-5966 My spouse died, how do I remove my spouse's name from my deed? Fill out the form and sign it before a notary to make the transfer legal. https://www.allegancounty.org/departments/register-of-deeds, Alpena County Register of Deeds Escanaba, MI 49829 Phone Number: 231-533-6683 This is a valid reason to have an attorney review a deed before you sign it and have it recorded. Phone Number: 989-826-1116 You can't have it both ways, however. 205 E. 11th St. 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. There are two ways to get a deed. Paw Paw, Michigan 49079 My son has no interest in the property and has his own. Fax Number: 989-846-9166 Use it to try out great new products and services nationwide without paying full pricewine, food delivery, clothing and more. Gladwin, MI 48624 To create a tenancy in common, you would use "and" or "or" between the names of the property owners on the deed. The notary will charge a small fee to witness your signature and notarize your deed, typically less than $10. https://www.casscountymi.org/154/Clerk-Register-Office, Charlevoix County Register of Deeds What form do I need in order to change my last name on the deed to my new married name? Mortgage and Deed to House Fax Number: 269-467-5593 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. 200 E Grand River Before you add someone to your house title, consider consulting an attorney to better understand the legal and financial repercussions of doing so. Fax Number: 231-258-3345 https://www.co.huron.mi.us/register-of-deeds, Ingham County Register of Deeds Cadillac, MI 49601 Fax Number: 810-768-7965 120 W. Michigan Avenue Property ownership, transfer laws and deed practices differ depending on the state in which you live. https://www.gratiotmi.com/239/Register-of-Deeds, Hillsdale County Register of Deeds Quitclaim deeds in Michigan can give the grantee different types of rights. Personal Property 313-224-5860 111 South Canal Street Box 111 Take the deed to your county recorder's office to have it notarized and recorded. Property tax exemptions mean that you pay lower property taxes, and sometimes no property tax at all. There are exceptions, such as if the other person is not paying you any money to be added to the deed. Thanks to all authors for creating a page that has been read 206,090 times. is not an easy one. Email: register@masoncounty.net 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. The American College of Trust and Estate Counsel. 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. Feel free to contact us with your questions, concerns or needs by email or by phone at 989-224-5270. Fax: 877-443-9505 Joint Tenants. 300 Monroe Avenue, NW Centreville, MI 49032 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. 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. 1101 Beach Street, Room 138 Saginaw, MI 48602 Estate Planning in Michigan Using a Ladybird Deed. 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: 989-426-7551 Fax Number: 989-790-5278 800 10th Street, Suite 200 P.O. Become familiar with your spouses financial history before you decide to add his name to your deed. http://www.benzieco.net/government/county_register_of_deeds/index.php, Berrien County Register of Deeds P.O. 304 E. Ludington Ave. Phone Number: 989-895-4228 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: 231-843-4466 515 Center Avenue Suite 102 Fax Number: 989-953-7219 Ithaca, MI 48847 https://ironmi.com/register-of-deeds, Isabella County Register of Deeds 5095 4th St. http://www.baycounty-mi.gov/rod/, Benzie County Register of Deeds Email: rod@berriencounty.org Include your email address to get a message when this question is answered. Phone Number: 989-348-2841 Depending on your financial situation, this issue may cause you to reconsider making the addition.
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