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. Eagle River, MI 49950 P.O. International Center Last Updated: June 3, 2020 There are different forms of deeds depending on the situation involved. wikiHow marks an article as reader-approved once it receives enough positive feedback. 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. Fax Number: 989-269-8786 IRS. 200 North Main St. Suite 110 In this case, 86% of readers who voted found the article helpful, earning it our reader-approved status. Jackson, MI 49201 For example, if he has a bad debt, his creditor can sue and force the sale of your property to pay it off. To learn more about tax liability associated with adding your spouse to a deed, read on! http://www.menomineecounty.com/departments/?department=4a30b23c515d, Midland County Register of Deeds Misconceptions and Realities It is a misconception that someone can be "removed" from the deed. In the cases of tenancy by entirety and joint tenancy, a deed transfer must take place. West Olive, MI 49460 Property ownership, transfer laws and deed practices differ depending on the state in which you live. If you add your spouse to your deed, he will have to use your basis if he later sells the property. You want to transfer the property from yourself to your spouse and yourself, making the two of you joint owners. https://wexfordcounty.org/?page_id=488, MI Earned Income Tax Credit, Retirement Tax, and Inflation Relief Initiatives, Collections/Audits/Appeals collapsed link, Notice IIT Return Treatment of Unemployment Compensation, https://dev.michigan.local/som/json?sc_device=json, About the Streamlined Sales and Use Tax Project, Sales, Use, and Withholding Tax Payment Options, Go to Notice IIT Return Treatment of Unemployment Compensation, Taxpayer Rights, Rules, and Responsibilities, Go to Property Tax Forfeiture and Foreclosure, https://www.deeds.com/recorder/michigan/alger/, https://www.allegancounty.org/departments/register-of-deeds, https://alpenacounty.org/register-of-deeds/, https://www.antrimcounty.org/departments___services_/register_of_deeds/index.php, http://www.arenaccountygov.com/register_of_deeds/, 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Maybe you just got married and would like your new spouse listed as part owner of your home. The lawyers of Roberts & Roberts are Killeen attorneys providing legal services in the fields of real estate, probate, estate planning, and business law. 401 E. Houghton Ave. % of people told us that this article helped them. The most common way to remove someone from a deed is through a deed of conveyance, such as a quitclaim or warranty deed. 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. In this case, 91% of readers who voted found the article helpful, earning it our reader-approved status. Step 1: Download the MI quitclaim deed form. In short, no one can be passively removed from a title. Fax Number: 906-635-6855 Fax Number: 989-345-6221 319 Court Street Fax Number: 231-882-0167 Adding a family member to the deed as a joint owner for no consideration is considered a gift of 50% of the property's fair market value for tax purposes. wikiHow marks an article as reader-approved once it receives enough positive feedback. 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: 616-994-4510 "Keeping Your House Out of Probate." Note: A deed is an instrument used to transfer ownership (title) to another person. Box 111 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. Some financial institutions give consent, allowing you to add another person to your property deed without requiring you pay off your loan. Sault Ste. This is wonderful!". 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. Evaluating Financial and Legal Consequences, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/3\/3e\/Add-Someone-to-Your-House-Title-Step-1.jpg\/v4-460px-Add-Someone-to-Your-House-Title-Step-1.jpg","bigUrl":"\/images\/thumb\/3\/3e\/Add-Someone-to-Your-House-Title-Step-1.jpg\/aid9653557-v4-728px-Add-Someone-to-Your-House-Title-Step-1.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"