Michigan Quitclaim Deed

Introduction

Key Things to Know

1. 1

   A quitclaim deed transfers only the interest you actually have. It passes whatever ownership you hold in the property to the grantee (the person receiving it) and makes no promise that the title is clear, or even that you own anything. A warranty deed, by contrast, guarantees the title, which is why a quit claim deed is used mainly between people who trust each other.

2. 2

   Record it with the register of deeds. A Michigan deed is recorded with the register of deeds in the county where the property is located. Recording protects the grantee against a later buyer under Michigan's race-notice priority rule (Mich. Comp. Laws Section 565.29): an unrecorded conveyance is void against a later good-faith purchaser who records first.

3. 3

   You must sign before a notary. To be recorded, a Michigan quitclaim deed must be signed by the grantor and acknowledged before a notary public or other authorized officer under Mich. Comp. Laws Section 565.8. Acknowledgment (the notary's certificate that you appeared and signed) is the operative recording formality.

4. 4

   No witnesses are required. Michigan removed the witness requirement for deeds executed within the state in 2002 (2002 PA 23, amending Mich. Comp. Laws Section 565.8). A current Michigan quitclaim deed needs only the grantor's signature and a notary acknowledgment, not subscribing witnesses.

5. 5

   Michigan charges a two-layer transfer tax. A taxable transfer owes a state real estate transfer tax of $3.75 per $500 of value (Mich. Comp. Laws Section 207.525) plus a county transfer tax of $0.55 per $500 in most counties (Mich. Comp. Laws Section 207.504). The deed must state the property's total value on its face unless a value affidavit is attached.

6. 6

   There is a statutory quit claim form. Michigan codifies a short-form quitclaim deed at Mich. Comp. Laws Section 565.152 using the operative words quit claims. A deed in that common form passes all the estate the grantor could lawfully convey (Mich. Comp. Laws Section 565.3) and carries no warranty of title.

7. 7

   Spousal joinder is generally not required. Michigan abolished dower effective April 6, 2017 (Mich. Comp. Laws Section 558.30), so a non-owner spouse usually does not have to sign. The practical exception is property the couple owns together as tenants by the entireties: because both spouses own it, both must sign as grantors to convey it. Common quitclaim uses include divorce transfers and moving a home into a living trust.

Michigan Requirements for Quitclaim Deed

• Sign Before a Notary Public

  To record a Michigan quitclaim deed the grantor must sign it and acknowledge it before a notary public or other authorized officer. Mich. Comp. Laws Section 565.8 requires the deed to be acknowledged and the officer to endorse an acknowledgment certificate on the deed, which is what makes the deed recordable.

• No Witnesses Are Required

  Michigan removed the witness requirement for deeds executed within the state in 2002 (2002 PA 23, amending Mich. Comp. Laws Section 565.8). A current Michigan quitclaim deed needs only the grantor's signature and a notary acknowledgment, not subscribing witnesses.

• Record With the Register of Deeds

  Record the signed, notarized deed with the register of deeds in the county where the property is located. Under Mich. Comp. Laws Section 565.29 an unrecorded conveyance is void against a later good-faith purchaser who records first, so recording protects the grantee (the person receiving the interest).

• State the Property Value on the Deed

  Mich. Comp. Laws Section 207.525 requires the deed to state the total value of the real property on its face, unless an affidavit declaring that value is attached to the deed. The register of deeds uses this value to compute the real estate transfer tax.

• Pay the State and County Transfer Tax

  Michigan charges a two-layer real estate transfer tax on a taxable transfer: a state tax of $3.75 per $500 of value under Mich. Comp. Laws Section 207.525, plus a county tax of $0.55 per $500 in most counties under Mich. Comp. Laws Section 207.504 (up to $0.75 per $500 in counties of 2,000,000 or more).

• Check the Transfer Tax Exemptions

  Some transfers are exempt from the state transfer tax under Mich. Comp. Laws Section 207.526, including a conveyance for consideration of less than $100, a conveyance to your child, stepchild, or adopted child, and a conveyance between spouses creating or ending a tenancy by the entireties. Mich. Comp. Laws Section 207.505 lists parallel county-tax exemptions.

• Use the Statutory Quit Claim Form

  Michigan codifies a statutory short-form quitclaim deed at Mich. Comp. Laws Section 565.152 using the operative words quit claims. A deed in this common form passes all the estate the grantor could lawfully convey under Mich. Comp. Laws Section 565.3 and carries no warranty of title.

• Spousal Joinder Is Generally Not Required

  Michigan abolished dower effective April 6, 2017 (Mich. Comp. Laws Section 558.30), so a non-owner spouse usually does not have to sign. The practical exception is property the couple holds together as tenants by the entireties: because both spouses own it, both must sign as grantors to convey it.