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In the State of Michigan, a quitclaim deed is used to transfer ownership in real estate to a new owner from the seller or previous owner. This document conveys the interest of a property from one property owner to the next without any guarantees on the title. This means that the ownership interest may be transferred without the buyer knowing whether the seller has the legal authority to sell it.
A quitclaim deed is usually used for a property transfer between family members, such as transferring property from a joint tenancy with right of survivorship between spouses to a property owned by one spouse only, transferring a property into a living trust, or removing an ex-spouse's name from a deed after a divorce.
A buyer should ensure that the title of a property is clear by conducting a thorough title search to ensure that there are no title issues and the property they will be purchasing or receiving is free of encumbrances.
Suppose you're looking instead to transfer property in a way that protects the new buyer. In that case, you should consider a different type of deed, such as a general warranty deed or a covenant deed (special warranty deed).
Michigan Quitclaim Deed Laws
A Michigan quitclaim deed form must contain the specific words, "[Grantor's name] quitclaims to [grantee's name] [description of the property] for the sum of [amount of consideration]." § 565.152
Signing - According to Michigan Law, all quitclaim deed forms filed with the state must be signed by the seller in the presence of a Notary Public (§ 565.201).
Recording - All quitclaim deeds must be filed with the Michigan Registry of Deeds.
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To write a quitclaim deed form, you will need to provide the following information:
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Once the quitclaim deed has been signed in front of a notary, it should be submitted to the Michigan Register of Deeds Office where the property is located. This ensures that the property transfer is a matter of public record.
Before a deed can be recorded, a property transfer tax must be paid. Consult your County Register to find out the amount of the real estate transfer tax.
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