In our divorce, my ex was awarded the family home and assumes all debt, including the mortgage and agrees to hold me harmless. A quitclaim deed is used to transfer any ownership that someone a grantor has in a piece of property to another party a grantee, without providing a warranty. Requirements for recording a michigan quit claim deed. You are much better off refinancing the mortgage after the divorce than letting your exspouse control the home by giving him or her title to the home using a quit claim deed. Recording all quit claim deeds must be filed with the michigan registry of deeds. A quitclaim deed is used to transfer ownership interest in property. You will also find listings in the yellow pages of your telephone book, or check online. Quitclaim deed definition and examples the balance. Filing a quit claim deed will convey ownership to the grantee.
In the event of divorce, one spouse can quitclaim their interest in the property to the other spouse as well, he says. Quitclaim deed quitclaim deeds can be complicated legal documents. A quitclaim deed is a method for transferring property, with no warranties, to another party without going through a. It conveys whatever interest you have in a piece of property without making any promises about the type of interest youre conveying. A michigan quit claim deed is a legal document used when an owner of real property called the grantor or seller needs to transfer interest in the real property to another person known as the grantee or buyer. Step 11 the michigan quit claim deed will need to be submitted to the michigan county clerk where the property is found. A quit claim deed is a legal document that transfers the property the original owner has to someone else without any warranty. This situation often occurs after the judge issues a divorce decree, as the paperwork will describe all the details about property division. Years later you may find out that you will be hurt because you gave a quit claim. Read this article if you or your exspouse got a house, land, or other real property in your divorce or separate maintenance. It does not make assurances that no one else has an interest in the land. It is typically used in close situations, such as between a creator of a trust and the trust, between close relatives, etc. Michigan quit claim deed free quit claim deed form. Not so, says this reader whose exspouse wants half of the proceeds from the sale of the home.
You will go to the lawhelp interactive website to do this interview. You will also find listings in the yellow pages of your telephone book. Here are five steps to remove an exspouse from a property deed. A quit claim deed, or quitclaim, transfers the ownership or rights of property from a grantor current owner to a grantee new owner. Generally a quitclaim deed relieves the grantor of liability. Wayne county recorder of deeds detroit, mi address, phone. A quitclaim deed is used often by divorcing couples to transfer property that was owned by the spouses. If you are going through or went through a divorce, you must create a new deed to remove the exspouse from title to your house. Thus, the grantor of a quitclaim deed will not be liable to the grantee, or recipient of the deed. The basics of title to real property to understand the effect of a quit claim deed in a divorce. How to remove a deceased person from a property deed in. A quit claim deed divorce is a simple way to transfer your real estate property to the other spouse. It is often used to transfer property between family members or other parties who know each other.
Depending on whether you will be keeping the house after divorce or your ex will get it, title and ownership of the property is something that needs to be taken care of. You will go to the lawhelp interactive website to do this. Because a quitclaim deed is a legal document, accuracy is essential. However, spouses can sign quitclaim deeds at any point during a divorce proceeding. A quit claim deed, like the other deed types, transfers any and all interest in the subject property, from the person signing the deed the grantor to the person receiving the deed grantee. Depending on your role in the real estate transaction you are either the grantor. Where this article mentions divorce and a judgment of divorce, assume that. The quitclaim transfers one spouses interests in the property to the receiving spouse.
The purpose of the recorder of deeds is to ensure the accuracy of wayne county property and land records and to preserve their continuity. Generally a quitclaim deed relieves the grantor of liability regarding the ownership of the property. Free michigan quit claim deed form word pdf eforms. Divorce is one of the principal reasons for filing a quitclaim deed. The following information about divorce and quitclaim deeds offers tips on how to protect your interests in the family home. The conveying party is not guaranteeing anything about the title. Use this tool to prepare a quitclaim deed to transfer michigan real estate that was awarded to you or your exspouse in your divorce or separate maintenance case. Quitclaim deeds signed during marriage san diego divorce. There are other options at the time of the divorce other than a quit claim deed. If property is being sold, the preferred deed is a warranty deed. You are much better off refinancing the mortgage after the divorce than letting your exspouse control the home by giving him or her title to the. This is true if both of your names are on the current deed or if the current deed is not in the name of the person keeping the property. A quitclaim deed is a legal document used to transfer property from one person, the grantor, to another person, the grantee.
Records are available online with fu ii indexing going back to 111968, index books, and photostat images going back to liber 328. Once the person who wants to transfer the property signs the quitclaim deed in divorce hearings, the property is signed over to the person noted in the deed, notarized, and recorded in the county record. Order the property sold and the proceeds divided between the parties, or. The wayne county recorder of deeds, located in detroit, michigan is a centralized office where public records are recorded, indexed, and stored in wayne county, mi. Michigan doesnt make you jump through many hoops to do a quitclaim deed. Would i be entitled to any profits after signing a quit claim deed. Signing according to michigan law, all quit claim deeds filed with the state must be signed by the seller in the presence of a notary public 565. Signing a quit claim deed upon a divorce can be a mistake. In a divorce or legal separation, a quit claim deed is often used to fulfill the requirements of the property division. This allows that party to sell or mortgage the property without the approval or consent of the other party.
A mistake in the name of the property owners or in the. Review the divorce decree to determine who gets the real estate. It is often used to transfer property between family members. The michigan quitclaim deed form gives the new owner whatever interest the current owner has in the property when the deed is signed and delivered. Once a quit claim deed is signed and filed at your county recorders office, it permanently transfers title and cannot be undone if you understood the transaction taking place. In the state of michigan, quit claim deeds are filed at the register of deeds offices in the county where the real estate is located. Quitclaim deeds are frequently used to transfer property between family members, to clear title problems or to transfer property after a divorce.
Quit claim deeds divorce and quitclaim deeds in iowa. In dividing property between the parties, there are two options. Before a divorce and maybe even before contacting a divorce attorney, you and your spouse may verbally agree how to divide property. When dividing property in divorce, the goal is to simply to take the exspouse off of the title to the property deed. Our office will be staffed by register of deeds personnel. Quit claim deed forms are available on our website.
Legally transfer property in michigan with this simple form. It is one way to transfer ownership of real property like a house land some mobile homes the person who sells or gifts the property is the grantor. In order to properly submit this request there must be consideration purchase price, sufficient description of the premises, with the form properly signed depends on the states laws. If a couple owns a home jointly, the spouse not keeping the home would need to sign a quitclaim deed and transfer interest in the property to the spouse awarded the home in the divorce. Using a quitclaim deed is a common and simple way to transfer property. Michigan quitclaim deed form get a quit claim deed online. It transfers sole title to the party who is awarded that property. Quitclaim deed template, online sample word and pdf. Unlike a warranty deed, the quitclaim doesnt guarantee ownership is passing without any liens on the title. How to remove an exspouse from a deed after divorce. Jan 27, 2020 the quitclaim deed is a legal document deed used to transfer interest in real estate from one person or entity grantor to another grantee. With a quitclaim deed, the grantor is just signing over whatever ownership interest she might have in the property.
You may need a quitclaim deed to transfer the property. No matter how careful the document drafter, mistakes may occur when drawing deeds. The quitclaim could also be used to effect an owners name change. It is more of a release of the property than a conveyance. Quitclaim deeds and life estates what is a quitclaim deed. The reason for using a quitclaim deed in this situation is that both spouses know the history of the property and know they have good title to it. Part of our divorce agreement was i had to sign a quit claim deed to the house so she could refinance the house and put it in her name only within one year because we had a v. A grantorthe individual transferring interest in a propertymay not be in the title at all and can transfer an acquired interest. Free michigan quitclaim deed form skip this step for now. The seller stops or quits any interest or claim to the property, allowing his or her claim to transfer on to the buyer. A quitclaim deed is sometimes referred as a quick claim deed or a quit claim deed although these arent the proper names. A quitclaim deed transfers or quits any interest in real property. The two of you may even sign quitclaim deeds to each other conveying real estate before or during the divorce process.
Bestowed with powers by the michigan constitution, the office of register of deeds is the library of land records for the county. Upon divorce, a spouse may be surprised to learn that by signing a quitclaim deed or interspousal transfer deed, he or she relinquished a community interest in the house. Not so, says this reader whose exspouse wants half of the proceeds from the sale of the home years after the quit claim deed and and 14 years after the divorce. The entity transferring its interest is called the grantor, and when the quitclaim deed is properly completed and executed, it transfers any interest the grantor has in the property to a recipient, called the grantee. Dec 22, 2019 common answers for a quit claim deed divorce. The entity transferring its interest is called the grantor, and when the quitclaim deed is properly completed and. The form will then be ready to file with the local recorders office completing the process. It makes no promises about whether the current owner has clear title to the property. Quitclaim deeds make it quick and easy to arrange properties after marriages or divorces. The document is written according to your responses clauses are added or removed, paragraphs are customised. A quit claim deed is used in a divorce to change joint ownership into sole ownership. A michigan quitclaim deed form is used to transfer real estate when the person transferring the real estate current owner does not want to provide a. Avoid the probate process through transfer into a living trust.
They are commonly used to addremove someone tofrom real estate title or deed divorce, name changes, family and trust transfers. Through a new deed, the person who is not keeping the property can give his or her share of the property to the person who is keeping it. Unlike other legal conveyance deeds, the quitclaim conveys only the interest the grantor has at the time of the deed s execution and does not guarantee that the grantor actually legally owns the. It is worth noting the michigan county clerks requirements for submitting this document will vary from county to county. No, a quitclaim deed only transfers the interest in the property that one person has to another. This situation often occurs after the judge issues a divorce decree, as the. A quit claim deed in a divorce or legal separation gives one party the sole ownership of the property. While all deeds transfer any valid interest from the grantor to the grantee, a quit claim deed comes with no warranty of any kind. As to the tax question, the irs will view the addition of the letter writer via quitclaim deed as a gift. Unlike a warranty deed, the quitclaim doesnt guarantee ownership is. Doityourself quitclaim deed after divorce michigan. When dividing property in divorce, the goal is to simply to take the exspouse off of the. Because a quitclaim deed form provides no warranty of title, it is the most popular deed form to remove an exspouse. During or after a divorce, a quitclaim deed allows one spouse to give up ownership rights to a piece of property.
Wayne county recorder of deeds detroit, mi address. A quitclaim deed in michigan must be duly signed, sealed, and acknowledged by the grantor in order to operate as a conveyance in fee simple to the grantee, his heirs, and assigns. Once the person who wants to transfer the property signs the quitclaim deed in divorce. The severity of the mistake will determine how easy it is to correct. Financial institutions, funeral homes, title companies, realtors, automobile dealerships, and many other businesses have notaries on staff. This type of deed makes no guarantees if there are any other owners. Quit claim deeds divorce and quitclaim deeds in iowa falls. After you answer the questions, your finished form and instructions will be ready to print. How is a quitclaim deed different from other deeds. Along with making corrections to the title, quit claim deeds can also add or remove a spouse from the title of the deed. Once the person who wants to transfer the property signs the quitclaim deed in divorce hearings, the property is signed over to the person noted in the deed, notarized, and recorded in th.
Legal advice on divorce and quitclaim deeds in michigan. A quitclaim deed is a release by the grantor, or conveyor of the deed, of any interest the grantor may have in the property described in the deed. To add or remove a spouse from a title whether from a marriage or a divorce, a quitclaim claim. Understanding the use of quit claim deeds in divorce.
The michigan quitclaim deed is a form of deed that can be used in real estate conveyances. You might need a quitclaim deed or other type of deed if you or your exspouse received a home or other real property in your divorce. In michigan, quitclaim deeds are often used if the property is being transferred. A quitclaim deed in michigan must be duly signed, sealed, and acknowledged by the grantor in order to operate as a conveyance in fee simple to the grantee, his heirs, and assigns mcl 565.
No matter how careful the document drafter, mistakes may. If a subsequent claim not listed on the title is made against the land, the grantor of a quitclaim deed is not liable. Mar 19, 2020 the mecosta county building will be closed to the public. Quitclaim deed information, guide, examples, and forms. A quitclaim deed is a legal instrument that is used to transfer interest in real property. A quitclaim deed can also be used to relinquish coowned property in situations such as divorce.
Quit claim deeds divorce and quitclaim deeds in chesapeake. Depending on whether you will be keeping the house. The mecosta county building will be closed to the public. A michigan quit claim deed is a legal document used when an owner of real property called the grantor or seller needs to transfer interest in the real property to another person known as the grantee or. It conveys whatever interest you have in a piece of property without. To add or remove a spouse from a title whether from a marriage or a divorce, a quitclaim claim facilitates the addition or the removal of a spouse for the title of a real title.
How to do a quitclaim deed in michigan legal beagle. It also allows that party to execute a will to give the property to anyone he or she desires. The quit claim deed can only be executed by the grantor or owner of the property. An exemption to a quitclaim deed means the new deed holder will not have to pay any transfer taxes. The process is very much similar to when one fixes a mistake in the title. A quitclaim deed is a method for transferring property, with no warranties, to another party without going through a closing, and creating one in michigan is as simple as filling out a form and filing it with the county.