Jennifer Mueller is an in-house legal expert at wikiHow. A deed and a mortgage are two separate things. Thank you. Fax: 989-785-8080 Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. 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. Use it to try out great new products and services nationwide without paying full pricewine, food delivery, clothing and more. "Adding someone to a deed" means transferring ownership to that person. Bessemer, MI 49911 Ontonagon, MI 49953 Fax Number: 906-643-1178 Fax Number: 734-222-6528 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. http://www.waynecounty.com/deeds/index.htm, Wexford County Register of Deeds 8562 7064 Crowner Drive When you use a quitclaim deed, you're only transferring any ownership interest you have. Munising, MI 48962 Please Note: The Register of Deeds Office does not prepare or change documents and cannot provide legal assistance. 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. To make changes to your property's deed, you must execute a new document rather than simply adding a name to your existing deed. If one of the spouses already has someone they want to add to the property, it is best not to bring this into the picture during the divorce proceedings. http://www.shiawassee.net/ROD/, St. Clair County Register of Deeds Fax Number: 231-779-5352 211 W. Main St. 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. "I did not know that my spouse's financial history would have an impact on certain benefits to which I am entitled. Include your email address to get a message when this question is answered. However, in practice, they may refuse regardless of who you're adding to your house title or why. The separate interest refers to the monetary interest in the property. Keep in mind that you may lose property tax exemptions or be charged gift taxes for adding someone to your title. Corunna, MI 48817 Did you know you can get premium answers for this article? As a small thank you, wed like to offer you a $30 gift card (valid at GoNift.com). Fill in the recording information. Unlike some other types of property, you can't just add their name to the existing deed. Phone Number: 810-648-2313 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. This article taught me things I did not know. http://www.oakgov.com/clerkrod/Pages/default.aspx, Oceana County Register of Deeds P.O. Bellaire, MI 49615 Fax Number: 810-667-0293 415 Third Street However, not every state has this type of ownership, and the application is different in every state. Property tax exemptions mean that you pay lower property taxes, and sometimes no property tax at all. Civil Rights, Inclusion & Opportunity Department. 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. 870 S. Main Box 789 Check with a property law attorney if you want to create a joint tenancy and are unsure of the language to use. 12220 Fillmore St., Room 146 She began working in the fitness industry in 1987, and her experience includes editing and publishing a workout manual. 208 N. Shiawassee Street Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. You should contact your attorney to obtain advice with respect to any particular issue or problem. In this case, if one dies, the other automatically becomes the sole owner of the property. "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! You'll become joint tenants with rights of survivorship. The property transfer occurs automatically at the prior owner's death, avoiding probate. 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. Email: dsimmons@ogemawcountymi.gov 287 W. Nepessing Street Suite 1 http://rd.ingham.org/departments_and_officials/register_of_deeds/index.php, Ionia County Register of Deeds 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. For example, if he has a bad debt, his creditor can sue and force the sale of your property to pay it off. Room 136 https://www.newaygocountymi.gov/departments/register-of-deeds/home/, Oakland County Register of Deeds 5095 4th St. 310 Ludington Street, Suite 104 200 North Main St. Suite 110 Fax Number: 231-256-8149 The most common scenario where you might want to add someone to your deed is if you own a home and you get married. Bay City, MI 48708 To add a spouse to a deed, start by reading over your mortgage carefully with your spouse. https://www.leelanau.gov/registerofdeeds.asp, Lenawee County Register of Deeds Review your mortgage documents or contact your lender before initiating the process to change your deed. By using our site, you agree to our. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. 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. Lenawee County Courthouse They still used my income, but I'm not on the note. wikiHow marks an article as reader-approved once it receives enough positive feedback. 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. If you do not specify the type of ownership, the ownership will be presumed to be tenancy in common. Phone Number: 989-426-7551 "Joint Tenancy and Medicaid Eligibility." 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. 200 Division Street, Suite 150 Phone Number: 989-743-2216 Choose separate interests if you want one owner to be able to sell their interest in the property without consulting the other owner. 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. https://www.manisteecountymi.gov/363/Register-of-Deeds, Marquette County Register of Deeds Court House Fax Number: 231-533-8317 County Building Phone Number: 906-667-0381 Fill out the form and sign it before a notary to make the transfer legal. Spell out ownership percentages only if the parties involved are to share ownership in a split other than 50-50. Leave the notary section blank. 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. However, this action can have a financially devastating outcome if you dont prepare in advance. http://www.houghtoncounty.net/directory-register-of-deeds.php, Huron County Register of Deeds Box 376 P.O. 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. 422 W. Lake Street Fax Number: 989-846-9166 https://www.countyofbranch.com/departments/register-of-deeds/, Calhoun County Register of Deeds Box 438 There are exceptions, such as if the other person is not paying you any money to be added to the deed. There are 8 references cited in this article, which can be found at the bottom of the page. Joint Tenants with Full Rights of Survivorship. https://www.stclaircounty.org/offices/register_of_deeds/, St. Joseph County Register of Deeds Phone Number: 989-539-7131 120 N. Broadway https://www.co.huron.mi.us/register-of-deeds, Ingham County Register of Deeds Home. When you die 50 years later, your spouse acquires a house with a fair market value of $900,000. You will have to file a transfer of the deed to gain ownership of the property during the divorce. Make sure you select the one that best suits your needs. https://www.co.jackson.mi.us/269/Register-of-Deeds, Kalamazoo County Register of Deeds These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date. 120 W. Michigan Avenue Fax Number: 906-635-6855 Newberry, MI 49868 Also, I did not know the deed has to be worded a certain way in order to avoid probate upon my death. 800 10th Street, Suite 200 The most common way to remove someone from a deed is through a deed of conveyance, such as a quitclaim or warranty deed. Kalkaska, MI 49646 401 W. Cedar Ave. Fax Number: 231-724-6842 Fax Number: 231-627-8453 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. By signing up you are agreeing to receive emails according to our privacy policy. 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. Kalamazoo, MI 49007 P.O. Phone Number: 269-983-7111 ext. Suttons Bay, MI 49682-9718 Phone Number: 231-547-7204 Phone Number: 616-527-5320 Email: register@masoncounty.net P.O. P.O. http://www.sanilaccounty.net/PublicPages/Entity.aspx?ID=220, Schoolcraft County Register of Deeds P.O. 300 Walnut Street, Room 164 It doesn't matter whether money was exchanged or not. He focuses mostly on finance writing and has a passion for real estate, credit card deals, and investing. Phone Number: 989-362-2021 Accessed April 10, 2020. Especially with large lenders, it isn't uncommon to get a bill for the balance of the mortgage when the transfer is complete. Box 5 The deed should include the grantor's marital status. 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. 220 W. State St. Room 102 125 W. Main St. Phone Number: 906-524-6100, ext. http://www.menomineecounty.com/departments/?department=4a30b23c515d, Midland County Register of Deeds Centreville, MI 49032 Phone Number: 517-676-7216 Obtain the necessary consents from lenders and . MI Earned Income Tax Credit, Retirement Tax, and Inflation Relief Initiatives This might end up activating the due-on-sale clause if it is part of your mortgage clauses. Consumers Credit Union. 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. 400 Elm Street One thing that many people do not realize is that transfer of the deed is different from the transfer of the mortgage responsibility. However, this action can have a financially devastating outcome if you don't prepare in advance. Another common question is, can you add someone to a deed if there is a mortgage? Adding your spouses name to the deed will expose your property to any judgments against him. To avoid probate, you must choose an ownership relationship that includes a right of survivorship. Last Updated: June 3, 2020 Phone Number: 989-317-4089 References 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. Email: regdnan@dickinsoncountymi.gov 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. 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.". 500 Lake St. % of people told us that this article helped them. Building 12 East Then, you will have to file a quitclaim deed and then refile another deed to add the new person to the house deed. Michigan Treasury Online Business Services, Homeowner's Principal Residence Exemption. Fax Number: 313-224-5884 http://clerk.macombgov.org/Clerk-RegisterOfDeeds, Manistee County Register of Deeds Phone Number: 989-785-8079 Fax Number: 231-873-9218 Adam Luehrs is a writer during the day and a voracious reader at night. https://www.deeds.com/recorder/michigan/alger/, Allegan County Register of Deeds Pontiac, MI 48341-0480 Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. P.O. Midland, MI 48640 Email: jwinton@oscodacountymi.com Box 8645 Email: rod@shiawassee.net http://lapeercountyweb.org/index.php/departments/register-of-deeds, Leelanau 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 MSU Extension. You can do your title search yourself, or you can order one from the title company that issues your title insurance policy. Accessed April 10, 2020. Phone Number: 906-774-0955 How do we add my name to note? 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. http://www.arenaccountygov.com/register_of_deeds/, Baraga County Register of Deeds 200 E Grand River Step 1: Download the MI quitclaim deed form. 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. Jackson, MI 49201 301 W. Upton P.O. Box 368 Fax Number: 231-689-7271 Once it's done, you can't take it back unless the person. Strike a line through any verbiage on the deed that does not apply to your circumstances. Fax Number: 989-953-7219 P.O. In Michigan, a person must live more than 120 hours after their co-owner dies for the survivorship rights to take effect. For example, if you are adding a spouse to your house title, the deed transfer will be exempt from reassessment in many states. ", You must use specific language in your deed to create a joint tenancy. Phone Number: 269-945-1289 Issues of marriage and property ownership become complicated when a divorce is involved. 111 South Canal Street 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 Suite 105 Here's a way to pass the interest in your home deed onwhile you're alive. Box 110 Mt. Flint, MI 48502 Holding Title: Tenants vs. "Tenants". Phone Number: 989-790-5270 Then, sign the completed form in the presence of a notary before submitting it to the recorders office! http://alconacountymi.com/?page_id=390, Alger County Register of Deeds Phone Number: 906-482-1311 You can buy one of these policies by paying a one-time fee, which typically is relatively low. 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. https://www.co.monroe.mi.us/549/Register-of-Deeds, Montcalm 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. http://www.kalcounty.com/clerk/, Kalkaska County Register of Deeds Fax Number: 906-524-6432 Enjoy! 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. This could result in far lower capital gains taxes. The notary will need to verify your identity. Phone Number: 231-627-8808 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.