How to fill out a quitclaim deed in michigan - how to fill out a quitclaim deed in michigan -

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How to fill out a quitclaim deed in michigan - how to fill out a quitclaim deed in michigan. Michigan Requirements for Quitclaim Deeds

 

People who have been married are likely to know more about the property than a stranger would. If you are the person keeping the property as part of your divorce, you and your ex-spouse may have bought the property together during your marriage, and you know that no one else owns the property.

You may know for a fact that there is clear title. Or you may be fine with receiving the property without clear title. In any of these situations, a quitclaim deed is an appropriate way to transfer the real property awarded to you in your divorce. However, if you have concerns about the title of the property, you may want to consider a warranty deed instead. Another option is for the person transferring the property to buy title insurance.

The Michigan Legal Help website will not help you create a warranty deed. If you think you want a warranty deed, you may want to consider talking to a lawyer. If you are the person giving your share of the property to your ex-spouse, sign the quitclaim deed in front of a notary.

You may deliver it by mail or in person, or someone else may deliver it for you. A notary can usually be found at a bank or the court clerk's office. Property transferred in a divorce is usually exempt from county and state real estate transfer taxes. But in some situations, transfer taxes may be due. The person who is not keeping the property is responsible for paying these taxes, unless you agree to a different arrangement. Transfer taxes must be paid before recording the quitclaim deed.

If you are the person keeping the property, take the deed to the Register of Deeds and record it after your ex-spouse has signed it and delivered it to you. If you prepare a quitclaim deed using the Do-It-Yourself Quitclaim Deed after Divorce tool, detailed instructions on what to do next will print out along with the deed. If your ex-spouse was supposed to give you a quitclaim deed but did not do it, you have two options.

You can file a motion asking the judge to enforce the Judgment of Divorce, and the judge can order your ex-spouse to prepare a quitclaim deed. Or you can file a motion to show cause. If you do this, the judge may find that your ex-spouse is in contempt of court and require them to pay a fine or spend time in jail for disobeying the judgment.

If your ex-spouse still does not give you a quitclaim deed, you may take your JOD to the Register of Deeds and record it in place of a quitclaim deed. This is another way to complete the property transfer, but it means your whole JOD is part of the property transfer records.

If you record your JOD instead of a quitclaim deed, anyone searching the title to the property will be able to see your entire JOD. However, recording your JOD is an option to make sure the property transfer happens. A quitclaim deed will not change who is responsible for paying the loan. The judge can order the person keeping the property to try to refinance it in their name alone. However, refinancing might not be possible if the property is worth less than the amount of the loan, if the person required to refinance has poor credit, or for other reasons.

A deed, a mortgage, and a loan have different purposes. Unlike a warranty deed, there aren't any extensive and potentially expensive searches of property records, and in most cases you can complete the whole process yourself without having to hire an attorney. To fill out a quitclaim deed, all you need is information about the property and the person to whom you're transferring your interest, which you typically can use to fill in the blanks on a pre-printed form available from your county recorder.

A quitclaim deed is a relatively simple and easy way to transfer interest you may have in a property to someone else. You may also need to know the parcel number, which is on the property deed.

Most states will require you to get the form notarized with everyone's signatures. Keep in mind that a quitclaim deed only transfers any interest you have at the time of the transfer and not your mortgage.

For more tips from our Legal co-author, including how to find a notary public, read on! Did this summary help you? Yes No. Log in Social login does not work in incognito and private browsers. Please log in with your username or email to continue. No account yet? Create an account. Popular Categories. Arts and Entertainment Artwork Books Movies. Relationships Dating Love Relationship Issues. Hobbies and Crafts Crafts Drawing Games. All Categories. Edit this Article.

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Part 1. All rights reserved. This image may not be used by other entities without the express written consent of wikiHow, Inc. Find the legal description of the property. The easiest way to get the correct legal description for the property you want to transfer is to go to the county recorder's office in the county where the property is located and get the existing deed for the property. You'll need a copy of the existing deed on the property, and you'll want to copy the property description exactly as it appears on that document in your quitclaim deed form.

Keep in mind that if you don't include a legal description, the deed could be challenged by someone else with an interest in the property, which could result in a judge rejecting the transfer. Check the tax status of the property.

Transferring property doesn't necessarily transfer the tax obligation, and in most states the property taxes must be up to date if you want to transfer any interest in the property. If that is the case, tax statements typically will continue to be sent to the person to whom they've been sent in the past. However, if you paid the property taxes on the property, you'll have to make sure the taxes are paid in full up to the date of the transfer, and that the tax liability is transferred appropriately.

If you're unsure about the tax status of the property, you can check the county recorder or tax assessor's records for the property, or look on the most recent property tax statement.

Any questions regarding the transfer of property taxes and future tax liability should be directed to an accountant or tax professional. Decide when you want the transfer to take place. While typically if you're filling out a quitclaim deed you want the transfer to take place immediately upon execution of the document, you also can date it so that the transfer doesn't occur until a later date, or even at the occurrence of a specified event.

However, check your state's property laws or talk to an attorney before you do this. In some states, you need to use a transfer on death deed rather than a quitclaim deed. The documents you use also may depend on whether the property is addressed in your estate planning documents. In situations where you intend to make the transfer conditional on a certain event happening, or set the transfer to occur on a future date, you may want to consult a property law attorney to make sure you're filling out the form correctly to achieve your intended result.

Confirm you're using the right kind of deed. Quitclaim deeds are most frequently used between family members or co-owners of property who are already familiar with the property itself as well as with each other.

You may have no interest at all, and that may match the intent of the transfer. For example, if there's some question as to whether you might have a claim to the property as a result of some confusion in the current owner's estate documents, but you don't want the property, you might use a quitclaim deed to negate any possible claim the probate judge decides you have in the property. On the other hand, if the person to whom you're transferring the property is under the impression that you have a particular ownership interest in the property, a quitclaim deed may not be the right vehicle of transfer.

In that situation, the other party may want a little more of a guarantee that they're getting exactly what they think they are. A quitclaim deed also may not be the appropriate document if you are actually selling the property and a significant amount of money will be changing hands. Part 2. Search for forms or templates. Most states have fillable forms available online in PDF format that you can download.

Check the website of the state court system or of the county recorder. You also can find forms from legal document websites and services. While you can easily find forms online, you still need to make sure the form you're using is approved in your state.

For this reason, the easiest thing to do is find a form with the county recorder. The form is available free of charge and you automatically know you can use it to achieve the transfer you want.

Enter information about the property. The form you use typically will indicate the type of information you need about the property, in addition to the street address. You may need the parcel number, or to copy a metes and bounds or other description from any existing deed associated with the property. Make sure you copy the legal description of the property exactly. This covers the specific legal boundary lines of the property and will be necessary in the event of a boundary dispute, so it's important that all deeds list the same description.

Provide names and addresses for the grantor and the grantee. Since you are transferring your interest in the property, you are called the "grantor. For yourself, you must include your full legal name and the address of your current legal residence.

Fill in information about the transfer. A quitclaim deed simply transfers any interest you have in the property — even if you have no interest at all. However, in some states you'll need to note whether mineral rights are included.

This means if you have a mortgage on the property, you typically are still responsible for that mortgage unless you make other arrangements. The quitclaim deed in and of itself does not make the grantee responsible for that mortgage.