The Michigan quitclaim deed is a document one person, the grantor, uses to transfer their property to another person, called the grantee.
By signing the quitclaim deed, the grantor transfers their interests in the property to the grantee. However, when doing so, the grantor doesn’t provide any guarantees that they are authorized to transfer the property.
Moreover, they don’t provide any warranties that there are no other claims or flaws with the property transfer.
The advantage of the quitclaim deed compared to other types of deeds is its simple form, which enables a fast and efficient property transfer for the parties.
Quitclaim Deed Important Laws & Requirements in Michigan
Laws & Requirements
Statute: § 565.152
Signing requirements: The grantor must sign the quitclaim deed before the judge, clerk of a court of record, or notary public. (§ 565.8)
Recording: The grantor should file the quitclaim deed with the Registry of Deeds according to the location of the property.
Recording Fees: When filing for the registration, the parties should pay the $30 recording fee. (§ 600.2567)
Additional documents: Property Transfer Affidavit—must be filed with the quitclaim deed.
When to Use a Quitclaim Deed in Michigan
The quitclaim deed can be used in multiple situations due to its simple form and lack of warranties.
#1. Title Modifications
The Michigan quitclaim deed is a simple and fast way to change the information in the property title. The grantor can make the changes due to an error in the title or to update the information in it. The grantor can also use it to add or remove people from the title.
#2. Property Transfer
The quitclaim deed is most commonly used for property transfers. The grantor can sign it and transfer all of their interests in the property to the grantee.
The grantor, however, is not responsible if there are any other claims against the property. Due to the lack of warranty, the grantee should always check the property title before using the quitclaim deed for the property transaction.
#3. Living Trust Transfer
The grantor can use the quitclaim deed to transfer the property to their living trust. Considering that there is no need for any additional warranties in such transactions, the grantor can use the quitclaim deed over the warranty or special warranty deed.
How to Create a Quitclaim Deed in Michigan
#1. Fill Out The Form
Firstly, enter the details about the grantor and grantee, namely:
Their first and last names
If the grantor or the grantee is a legal entity, this section should include their registered name, registration number, mailing address, and form of entity.
#2. Add the “Note Consideration”
This section provides information on the value the grantee owes to the grantor for transferring the property. The consideration can be the transfer of money, default on debt, the provision of services, or any other kind of value.
The parties can agree that the grantor is transferring the property without consideration (as a gift). This kind of arrangement is typical for transactions between family members.
#3. Write the Legal Description
The legal description includes the plot number and the name of the office where the plot is registered. The legal description can also include a description of the property boundaries as well as other information that can help the parties individualize the transferred property.
#4. Sign & Get it Notarized
The grantor should sign the quitclaim deed before the judge, the court of record clerk, or the notary public.
#5. File the Quitclaim Deed
Finally, the parties must submit the quitclaim deed to the authority in charge of the deed registration.
Where to File a Quitclaim Deed in Michigan
In Michigan, the quitclaim deed must be filed for registration with the Registry of Deeds.