wikiHow is where trusted research and expert knowledge come together. Phone Number: 989-224-5270 Did you know you can get premium answers for this article? MSU Extension. 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. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. Ideally, you won't just "add" your child's name to your existing deed. Box 399 You may want to consult a real estate attorney to find out if adding your spouse to your deed will achieve the result you want. Transfer on Death Deed Forms All deed forms offered here: Are available for immediate download Are fill in the blank on your computer Include step by step guide explaining every blank on the form Include completed example of forms for reference Meet state statutory requirements for content Are formatted to meet county requirements for recording wikiHow marks an article as reader-approved once it receives enough positive feedback. Phone Number: 616-994-4510 "Keeping Your House Out of Probate." 698 In this case, if one dies, the other automatically becomes the sole owner of the property. 100 N. State Street http://www.barrycounty.org/departments_and_officials/officials/register_of_deeds/index.php, Bay County Register of Deeds You should contact your attorney to obtain advice with respect to any particular issue or problem. 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. Jennifer Mueller is an in-house legal expert at wikiHow. Box 538 P.O. Petoskey, MI 49770 You're not guaranteeing you have any interest at all, or that you have particular ownership or possession rights. 301 W. Upton 1101 Beach Street, Room 138 Accessed April 10, 2020. Tenants by the Entirety. 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. When executed and notarized, the quitclaim deed legally overrides the current deed to. The new person acquiring an interest in the property would also be a grantee. [1] Both her name and my son's name are on the deed. Email: mmerchant@gratiotmi.com ", 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. Fax number: 906-663-4660 If you look at your property tax statement, it should indicate whether you're receiving any property tax exemptions. Box 70 205 E. 11th St. Articles Real Estate Deeds Made Easy Since 1997. . Phone Number: 989-846-9201 Sandusky, MI 48471 Phone Number: 231-839-4967 Ext 203 Fax Number: 517-676-7287 301 State Street 33 McCollum Street Phone Number: 989-348-2841 All searches are done either in person by coming to the Register of Deeds, by mail ($5.00 search fee per name/address) or by going online. That means he could pay substantially more in capital gains taxes than if he acquired the property when you died. This article has been viewed 636,176 times. Phone Number: 517-546-0270 Box 377 X Tawas City, MI 48764 You sign the deed as grantor, have it notarized and file it with the county's registry of deeds. Survivorship (outliving your co-owner) affects more than just the four types of jointly owned property. Fax Number:231-839-3684 My spouse died, how do I remove my spouse's name from my deed? Phone Number: 989-317-4089 200 Grand River Avenue Once it's done, you can't take it back unless the person. Phone Number: 517-279-4320 Big Rapids, MI 49307 The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. 51 S Macomb St For example, "Suzy Sunshine and Martin Moon" or "Suzy Sunshine or Martin Moon. Baldwin, MI 49304 White Cloud, MI 49349 Many reasons might exist that would make you want to add someone to the deed to your house. If your mortgage contains a due upon sale clause, talk to your lender about adding someone to your deed. Email: ROD@ioscocounty.org This article has been viewed 206,090 times. Sacramento County Public Law Library. When you die 50 years later, your spouse acquires a house with a fair market value of $900,000. Ithaca, MI 48847 304 E. Ludington Ave. 60 W. Sanilac 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. 500 Lake St. She received her JD from Indiana University Maurer School of Law in 2006. Email: rod@shiawassee.net Phone Number: 269-781-0707 7064 Crowner Drive http://www.charlevoixcounty.org/register_of_deeds/index.php, Cheboygan County Register of Deeds Public Works . Phone Number: 616-527-5320 For more detailed information on how to add someone to your house title, scroll down. https://www.manisteecountymi.gov/363/Register-of-Deeds, Marquette County Register of Deeds Detroit, MI 48226 Ann Arbor, MI 48107-8645 Email: registerofdeeds@picounty.org Phone Number: 231-348-1761 The American College of Trust and Estate Counsel. Some states have a specific deed-holding status: Tenants in the entirety. 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.". 437 E. Division Without reading this article, I would have pursued a different route. Leave the notary section blank. E-mail:clerksoffice@macombgov.org Enjoy! wikiHow is where trusted research and expert knowledge come together. Fax Number: 989-953-7219 In some areas, your spouse also must sign the deed. "Joint Tenancy and Medicaid Eligibility." http://recording.crawfordco.org/recorder/web/, Delta County Register of Deeds Especially with large lenders, it isn't uncommon to get a bill for the balance of the mortgage when the transfer is complete. % of people told us that this article helped them. 315 W. Green St. Fax Number: 313-224-5884 214 E. Center St Phone Number: 906-643-7306 Or, it could be that you want the ownership of your property to go to your child in the event of your death. were I to add him to my deed. Jensen attended Idaho and Boise State Universities. Phone Number: 231-256-9682 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. Leave the notary section blank. This most simple answer is yes. Mt. Maybe you just got married and would like your new spouse listed as part owner of your home. 225 W. Main Street Phone Number: 231-627-8808 County Courthouse Building Midland, MI 48640 Phone Number: 231-724-6271 Phone Number: 269-467-5552 The most common scenario where you might want to add someone to your deed is if you own a home and you get married. https://www.mecostacounty.org/government/rod.php, Menominee County Register of Deeds Phone Number: 231-745-4641 Please contact an attorney for any legal questions you may have. 23 E. Pearl Street In California, you can. Fax Number: 989-846-9166 Get a copy of the title deed from your county clerk's office. 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. Caro, MI 48723 Pontiac, MI 48341-0480 https://www.miottawa.org/Departments/CountyClerk/ROD/, Presque Isle County Register of Deeds https://www.missaukee.org/departments/clerk___register_of_deeds/index.php, Monroe County Register of Deeds Fax Number: 989-426-6902 Nor can a co-owner simply take away another party's interest in a property by executing a new deed without that other party. Fax Number: 989-734-0506 Phone Number: 906-341-3618 A deed and a mortgage are two separate things. Fax Number: 989 - 984-1101 Using a quit claim deed is often the simplest method of bringing on another owner. We use cookies to make wikiHow great. In this case, 86% of readers who voted found the article helpful, earning it our reader-approved status. If wikiHow has helped you, please consider a small contribution to support us in helping more readers like you. This is a law that allows a husband and wife to hold a piece of property as if they were a single entity. Suite 212 Kalkaska, MI 49646 https://rod-eweb.clinton-county.org/recorder/web/, Crawford County Register of Deeds Fax: 231-922-2770 Include your email address to get a message when this question is answered. 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. Bay City, MI 48708 The answer to the question, "How do you add a joint owner to a property?" For more detailed information on how to add someone to your house title, scroll down. 400 Boardman To add a spouse to a deed, start by reading over your mortgage carefully with your spouse. In short, no one can be passively removed from a title. Adrian, MI 49221 Research source. The lawyers of Roberts & Roberts are Killeen attorneys providing legal services in the fields of real estate, probate, estate planning, and business law. 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. Include your name and the name of the person you want to add to your house title. 201 W. Kalamazoo Avenue Real Property 313-224-5854 Be prepared for them to say no, howeverin fact, this will be their answer in most cases. Ontonagon, MI 49953 Phone Number: 906-667-0381 These clauses typically state that if you ask your lender for permission to add someone to your house title, they won't unreasonably refuse. Hillsdale MI 49242 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. Phone Number: 989-672-3840 P.O. 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. Fax Number: 269-982-8659 Fax Number: 231-845-7977 https://www.ocmi.us/register-of-deeds/, Ontonagon County Register of Deeds This means if the property was sold, you would get 80 percent of the money from the sale and your sister would get the remaining 20 percent. https://www.emmetcounty.org/officials-departments/register-of-deeds/, Genesee County Register of Deeds Box 368 As long as you retain interest in the home, its still going to go through probate. Email: registerofdeeds@emmetcounty.org P.O. Stanton, MI 48888 The current owner would also be one of the grantees, the persons receiving the grantors rights to the property. Email: register@masoncounty.net You can also find out by contacting the tax assessor's office in your county. 725 Greenland Road 720 W. Chisholm Street MCL 565.201a. West Olive, MI 49460 705 S. Stephenson Ave. 200 Division Street, Suite 150 Phone Number: 906-884-4255 The transfer of ownership can occur during life (with a regular quitclaim deed, for example) or at death (using a lady bird deed, transfer-on-death-deed, or life estate deed).And, in the case of transfer-on-death or lady bird deeds, the . 301 N. Main St. https://ironmi.com/register-of-deeds, Isabella County Register of Deeds Michigan.gov: Transfer of Ownership Guidelines PREPARED BY THE MICHIGAN STATE TAX COMMISSION. Many of these reasons involve marriage, moving in together, divorce or estate issues. 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 MCL 565.8. Email: registerofdeeds@isabellacounty.org This might end up activating the due-on-sale clause if it is part of your mortgage clauses. http://www.osceola-county.org/residents/county_departments/register_deeds/index.php, Oscoda County Register of Deeds Get a copy of your current deed and select the type of new deed form you want to use. Phone Number: 269-657-8242 Marie, MI 49783 ", Unlock premium answers by supporting wikiHow, http://www.washingtonpost.com/realestate/before-adding-a-loved-one-to-a-house-deed-think-hard-first/2013/11/27/b02538c8-51fc-11e3-9fe0-fd2ca728e67c_story.html, http://www.nolo.com/legal-encyclopedia/deeds-faq-29119-2.html, http://www.nolo.com/legal-encyclopedia/deeds-faq-29119.html, http://www.saclaw.org/Uploads/files/forms/QuitclaimDeed.pdf, http://www.washingtonpost.com/wp-dyn/content/article/2008/02/29/AR2008022901680.html, http://www.saclaw.org/Uploads/files/Step-by-Step/sbs-deeds.pdf, incluir a un cnyuge en un ttulo de propiedad. Buildings, Safety Engineering and Environmental Department. http://www.countyoffice.org/mi-ontonagon-county-recorder-of-deeds/, Osceola County Register of Deeds emily in paris savoir office. 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. Warranty deeds come with some type of . http://www.iosco.net/departments/register-of-deeds/, Iron County Register of Deeds wikiHow marks an article as reader-approved once it receives enough positive feedback. Jennifer Mueller is an in-house legal expert at wikiHow. Phone Number: 810-257-3060 If you alter the deed so that you and your spouse both own the property, instead of just you, it changes the situation in the eyes of banks, lenders, and the government. 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. The person selling the property is often called the "grantor" while the person buying the property is called the "grantee". Mortgage and Deed to House P.O. https://www.gogebiccountymi.gov/government/county_offices/register_of_deeds.php, Grand Traverse County Register of Deeds Phone Number: 906-387-2076 103 County Administration Building Phone Number: 269-983-7111 ext. Phone Number: 906-774-0955 Phone Number: 989-875-5217 To make changes to your property's deed, you must execute a new document rather than simply adding a name to your existing deed. "Estate Tax." A present beneficiary of a trust is the person who has the enjoyment and beneficial use of the property during the life of the trust. 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. 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). Box 110 Phone Number: 989-275-5931 Fax Number: 906-635-6855 https://www.geneseecountymi.gov/departments/register_of_deeds/index.php, Gladwin County Register of Deeds List of County Register of Deeds . Your county recorder may charge a small fee to pull the deed, and typically will charge an additional fee to make a copy of it for you. Fax Number: 989-354-9646 Email: rdeeds@gogebic.org Fax Number: 810-768-7965 Generally speaking, adding another owner only makes the probate process more complicated. P.O. Her work has appeared in various print and online publications. Complete the deed, filling in your name as the current owner, and your name along with the additional person's name as the people to whom you're deeding your property. Last Updated: June 3, 2020 Alpena, MI 49707 Lansing, MI 48918-1900 "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! Box 800 Property ownership, transfer laws and deed practices differ depending on the state in which you live. 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. http://www.ioniacounty.org/register-of-deeds/, Iosco County Register of Deeds 120 W. Michigan Avenue Please Note: The Register of Deeds Office does not prepare or change documents and cannot provide legal assistance. Houghton, MI 49931 Quitclaim deeds in Michigan can give the grantee different types of rights. Howell, MI 48843 Phone Number: 989-734-2676 Bessemer, MI 49911 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. Suttons Bay, MI 49682-9718 You, as the "grantor" -- the property owner -- make out a deed conveying title to two "grantees," yourself and your partner. Another common question is, can you add someone to a deed if there is a mortgage? https://www.otsegocountymi.gov/259/Register-of-Deeds, Ottawa County Register of Deeds Box 168 Fax Number: 906-524-6432 Phone Number: 989-539-7131 Other information that is typically on a deed, no matter what state you are in, includes the property address and legal description, the city, county, state and the date. http://www.roscommoncounty.net/196/Register-of-Deeds, Saginaw County Register of Deeds https://www.lucecountymi.com/register-of-deeds, Mackinac County Register of Deeds 2 S. Main St. Email: register@miottawa.org Instead, you'll create a new deed with a group of owners, perhaps you, your spouse, and your child. Mt. http://gladwincounty-mi.gov/departments/register-of-deeds/, Gogebic County Register of Deeds Pleasant, MI 48858 341 S. Jefferson Room 201 ", a right of survivorship. You will have to file a quitclaim deed and then file a new deed with joint ownership. http://clerk.macombgov.org/Clerk-RegisterOfDeeds, Manistee County Register of Deeds Fax: 989-785-8080 Phone Number: 989-832-6820 Box 718 http://www.menomineecounty.com/departments/?department=4a30b23c515d, Midland County Register of Deeds Email: rod@livgov.com Box 388 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. Part 1 Understanding How It Works Download Article 1 Contact your lender. Choose separate interests if you want one owner to be able to sell their interest in the property without consulting the other owner. Civil Rights, Inclusion & Opportunity Department. https://deltacountymi.org/register-of-deeds/, Dickinson County Register of Deeds You'll become joint tenants with rights of survivorship. https://www.oscodacountymi.com/register-of-deeds/, Otsego County Register of Deeds The transfer is excluded from the gift tax if you're adding your spouse to your house title. It doesn't matter whether money was exchanged or not. Spell out ownership percentages only if the parties involved are to share ownership in a split other than 50-50. Phone Number: 989-785-8079 Court House If you add your spouse to your deed, he will have to use your basis if he later sells the property. Fax Number: 517-543-4134 http://www.benzieco.net/government/county_register_of_deeds/index.php, Berrien County Register of Deeds Phone Number: 231-832-6113 You can buy one of these policies by paying a one-time fee, which typically is relatively low. Also, I did not know the deed has to be worded a certain way in order to avoid probate upon my death. Fax Number: 616-994-4521 This might not be an option if one of the owners does not have good credit. Take the new deed to the county recorder's office. There's no harm in asking your bank or mortgage company if you can simply add a person to your mortgage. Holding Title: Tenants vs. "Tenants". He focuses mostly on finance writing and has a passion for real estate, credit card deals, and investing. Ludington, MI 49431 Phone Number: 231-843-4466 The notary will need to verify your identity. Fax Number: 989-345-6221 To avoid probate, you must choose an ownership relationship that includes a right of survivorship. Once you've signed the deed, take it to the recorder's office where you got the copy of your old deed. Email: goodreauw@baragacounty.org Gaylord, MI 49735 Information deemed reliable but not guaranteed, you should always confirm this information with the proper agency prior to acting. P.O. Fill in the recording information. Were committed to providing the world with free how-to resources, and even $1 helps us in our mission. Newberry, MI 49868 {"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":"