These clauses typically state that if you ask your lender for permission to add someone to your house title, they won't unreasonably refuse. However, this action can have a financially devastating outcome if you don't prepare in advance. Baldwin, MI 49304 437 E. Division There are exceptions, such as if the other person is not paying you any money to be added to the deed. Email: rod@shiawassee.net This could result in far lower capital gains taxes. Talk to a property law attorney if you're interested in creating a tenancy by the entirety. 200 Grand River Avenue P.O. Traverse City, MI 49684 Ontonagon, MI 49953 Box 789 Part 1 Understanding How It Works Download Article 1 Contact your lender. Your state law may have other specific languages to use. 111 South Canal Street Also specify the type of ownership each party will have. Ludington, MI 49431 This is also where you specify how the two of you will own the property. Box 168 For example, if you are adding a spouse to your house title, the deed transfer will be exempt from reassessment in many states. http://rd.ingham.org/departments_and_officials/register_of_deeds/index.php, Ionia County Register of Deeds 219 Paw Paw Street, Suite 102 If you are adding a spouse or a child to your house title, the transfer typically will be excluded from reassessment. http://schoolcraftcounty.net/government/elected-officials/clerk-and-register-of-deeds There's no harm in asking your bank or mortgage company if you can simply add a person to your mortgage. 220 W. Ellsworth Street Lenawee County Courthouse Joint Tenants. You can't have it both ways, however. 12265 M-32 West "The Trade-Offs of Repealing Step-Up in Basis." https://alpenacounty.org/register-of-deeds/, Antrim County Register of Deeds Instead, you'll create a new deed with a group of owners, perhaps you, your spouse, and your child. https://rod-eweb.clinton-county.org/recorder/web/, Crawford County Register of Deeds https://www.gratiotmi.com/239/Register-of-Deeds, Hillsdale County Register of Deeds To continue the previous example, suppose you added your spouse to the deed for the house you bought for $100,000. 100 E. State Street, Suite 2500 The short answer: No. Articles Real Estate Deeds Made Easy Since 1997. Sault Ste. Use a typewriter or computer printer when filling in the information on the deed to ensure it is legible. In some areas, your spouse also must sign the deed. % of people told us that this article helped them. By using our site, you agree to our. One thing that many people do not realize is that transfer of the deed is different from the transfer of the mortgage responsibility. Email: dsimmons@ogemawcountymi.gov http://clerk.macombgov.org/Clerk-RegisterOfDeeds, Manistee County Register of Deeds Fax Number: 989-790-5278 Courthouse 100 W. Main Street I want to sell it, but have back taxes. To add a spouse to a deed, start by reading over your mortgage carefully with your spouse. Phone Number: 269-781-0707 Step 1: Download the MI quitclaim deed form. June 14, 2022. "Keeping Your House Out of Probate." Harrisville, MI 48740 One of the most common incorrect assumptions in real estate is that someone can be added to a deed. Phone Number: 269-983-7111 ext. Research source. 51 S Macomb St 120 N. Grove Street We do not have any blank deed forms available in our office. 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.". Fax Number: 989-731-7519 The new person acquiring an interest in the property would also be a grantee. Phone Number: 586-469-7953 http://www.shiawassee.net/ROD/, St. Clair County Register of Deeds 1200 N. Telegraph P.O. Approved. This article has been viewed 206,090 times. Phone Number: 989-317-4089 Here's a way to pass the interest in your home deed onwhile you're alive. 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. You'll need to transfer an interest by writing up another deed with the person's name on it. One of the most common questions about deeds is: Can a person's name be on a deed without being on the mortgage? Fax Number: 989-269-8786 In some cases, you may be able to order the deed online. 250 E. Huron Avenue, Room 203 Box 367 References Obtain a blank quit claim deed form from an office supply store, attorney or title company. How do we add my name to note? Buildings, Safety Engineering and Environmental Department. It doesn't matter whether you intended it to be a gift or not. Keep in mind that you may lose property tax exemptions or be charged gift taxes for adding someone to your title. Suite 400 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. A deed and a mortgage are two separate things. P.O. 304 E. Ludington Ave. https://montcalm.org/government/register_of_deeds/index.php, Montmorency County Register of Deeds Holding Title: Tenants vs. "Tenants". However, in practice, they may refuse regardless of who you're adding to your house title or why. Phone Number: 906-875-3321 Note that banks are often trustees. Next, obtain a quitclaim form from the county recorders office where the property is located. https://www.co.marquette.mi.us/departments/register_of_deeds/index.php, Mason County Register of Deeds https://www.oscodacountymi.com/register-of-deeds/, Otsego County Register of Deeds Fax Number: 906-293-5553 http://www.arenaccountygov.com/register_of_deeds/, Baraga County Register of Deeds Information deemed reliable but not guaranteed, you should always confirm this information with the proper agency prior to acting. Mt. Phone Number: 231-779-9455 MSU Extension. Some states require extra steps, such . 1045 Independence Blvd. Phone Number: 989-354-9547 Spell out ownership percentages only if the parties involved are to share ownership in a split other than 50-50. 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: 517-543-4203 This might end up activating the due-on-sale clause if it is part of your mortgage clauses. Phone Number: 810-667-0211 Fax Number: 906-643-1178 How you add the person to your title affects whether the surviving owner must go through probate. 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. The current owner would also be one of the grantees, the persons receiving the grantors rights to the property. Fax Number: 906-524-6432 Property tax exemptions mean that you pay lower property taxes, and sometimes no property tax at all. Fax Number: 810-985-4795 Fax Number: 989-953-7219 You will have to file a quitclaim deed and then file a new deed with joint ownership. Phone Number: 231-592-0148 You also may have to pay any property taxes that have been reassessed as a result of the change in ownership. 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.". P.O. Phone Number: 616-527-5320 You can also find out by contacting the tax assessor's office in your county. 208 N. Shiawassee Street https://www.missaukee.org/departments/clerk___register_of_deeds/index.php, Monroe County Register of Deeds 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. Take the deed to your county recorder's office to have it notarized and recorded. International Center 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. There are two ways to get a deed. Adding someone to your deed means that you have transferred part of your property ownership or the whole property for that matter. With a grant deed, you are making a promise that you are the current owner of the property and that there aren't any liens, mortgages, or other claims to the property that you haven't disclosed. Fax Number: 810-768-7965 Feel free to contact us with your questions, concerns or needs by email or by phone at 989-224-5270. The American College of Trust and Estate Counsel. Marquette, MI 49855 Some common exemptions include homestead exemptions or exemptions for people over the age of 65. In short, no one can be passively removed from a title. Adrian, MI 49221 were I to add him to my deed. P.O. Phone Number: 989-785-8079 Fax Number: 231-256-8149 Without reading this article, I would have pursued a different route. 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. Cassopolis, MI 49031 She has an extended family of pets, including special needs animals. Especially with large lenders, it isn't uncommon to get a bill for the balance of the mortgage when the transfer is complete. Fax Number: 734-240-7395 Phone Number: 810-989-6930 MCL 565.201a. Or, it could be that you want the ownership of your property to go to your child in the event of your death. 725 Greenland Road A Michigan deed is a legal document used to convey property from an owner to a purchaser in Michigan. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date. 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. Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. Phone Number: 810-648-2313 Finally, neatly fill out your new deed, sign in the presence of a notary, and file the new deed at the county recorders office. Ann Arbor, MI 48107-8645 You die 50 years later, and your spouse decides to sell the house five years after that for $1 million. Beulah, MI 49617 Unmarried people can own real estate together in one of two ways: joint tenants with rights of survivorship, or tenants in common. Phone Number: 989-348-2841 When you die 50 years later, your spouse acquires a house with a fair market value of $900,000. Box 800 Lake City, MI 49651 http://www.charlevoixcounty.org/register_of_deeds/index.php, Cheboygan County Register of Deeds We use cookies to make wikiHow great. http://www.sanilaccounty.net/PublicPages/Entity.aspx?ID=220, Schoolcraft County Register of Deeds E-mail:clerksoffice@macombgov.org Corunna, MI 48817 Fax Number: 989-344-3223 Jennifer Mueller is an in-house legal expert at wikiHow. wikiHow marks an article as reader-approved once it receives enough positive feedback. Department of Public Works Coldwater, MI 49036 Caro, MI 48723 She received her JD from Indiana University Maurer School of Law in 2006. Charlevoix, MI 49720 106 5thP.O. If you choose this type of ownership, then one cannot sell or dispose of the property without the consent of the other. https://keweenawbay.org/government/departments/county-clerk-register-of-deeds/, Barry County Register of Deeds 401 W. Cedar Ave. Phone Number: 231-873-4158 Muskegon, MI 49442 407 West Harrie St. Phone Number: 989-362-2021 Include your email address to get a message when this question is answered. The current owner the person giving away their rights to the property would be the grantor in the quit claim deed. She received her JD from Indiana University Maurer School of Law in 2006. http://www.iosco.net/departments/register-of-deeds/, Iron County Register of Deeds Rogers City, MI 49779 Fax Number: 734-222-6528 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. http://www.mackinaccounty.net/departments/register-of-deeds/, Macomb County Register of Deeds 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 Michigan Works - Saint Clair. Roscommon, MI 48653-7664 Thanks to all authors for creating a page that has been read 206,090 times. Also, I did not know the deed has to be worded a certain way in order to avoid probate upon my death. Fax: 877-443-9505 If you have a tenancy by entirety, then it converts to tenancy in common. Phone Number: 517-264-4538 Phone Number: 906-667-0381 "What Is Joint Tenancy and When Should I Use It?" Box 111 Unlike some other types of property, you can't just add their name to the existing deed. To create a tenancy in common, you would use "and" or "or" between the names of the property owners on the deed. St. Joseph, MI 49085 Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin are community property states. Phone Number: 989-672-3840 wikiHow is where trusted research and expert knowledge come together. Phone Number: 269-673-0390 wikiHow marks an article as reader-approved once it receives enough positive feedback. Email: clerk@schoolcraftcounty.us Detroit, MI 48226 If a male grantor is married, Michigan law has historically required his wife to sign the deed to release her dower rights. Phone Number: 989-826-1116 Email: jdegraaf@kalkaskacounty.org 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. 300 Walnut Street, Room 164 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. Fax Number: 906-387-2156 Marshall, MI 49068 References Phone Number: 231-348-1761 Fax Number: 231-882-0167 My son has no interest in the property and has his own. By signing up you are agreeing to receive emails according to our privacy policy. The types of transfers that are excluded vary among states. Atlanta, MI 49709 To learn more about tax liability associated with adding your spouse to a deed, read on! This might not be an option if one of the owners does not have good credit.