Michigan property deeds

Deeds Michigan recognizes

Michigan does not recognize transfer-on-death deeds, so recording one here may not do what you want.

How a deed has to be signed in Michigan

Michigan requires the grantor's signature to be acknowledged before a notary public. No witnesses are required. Michigan eliminated the two-witness requirement for deeds in 2002. A notarial acknowledgment is what the statute now requires (MCL § 565.8).

Michigan document formatting rules

A safe layout for Michigan is 8.5 × 11 inch paper with a 2.5-inch clear space at the top of the first page for the register of deeds' stamp, 0.5-inch margins elsewhere, and no type smaller than 10 point. That is the profile Deedly formats every Michigan document to. Writing into the recorder's stamp area is the most common formatting rejection there is.

• Michigan registers of deeds may not accept a nonconforming instrument: 2.5-inch top margin on the first page, half-inch margins elsewhere, black ink of at least 10-point type on white 20-pound paper, the instrument's title as the first line of print, each signature in black or dark blue ink with the signer's name printed beneath it, each grantee's address, and the drafter's name and business address (MCL § 565.201).

Michigan transfer tax and recording fees

Michigan charges Real estate transfer tax at State $3.75 per $500 ($7.50 per $1,000), plus county $0.55 per $500. Michigan law makes the seller (grantor) liable for both taxes (MCL 207.502(2), 207.523(2)); buyer and seller can agree who actually pays. The county tax is already included in that rate. A Michigan city or village may not levy a tax other than a property tax unless it was already levying that tax on January 1, 1964 (MCL 141.91), and Deedly found no city, village or township transfer tax. Separately, within 45 days the new owner must file a Property Transfer Affidavit (Form 2766, L-4260) with the city or township assessor, even for gifts and other exempt transfers. It is filed with the assessor, not the Register of Deeds.

Common exemptions: consideration under $100, including a gift (county 207.505(a), state 207.526(a)), A deed from one or both spouses that creates or ends a tenancy by the entirety (county 207.505(i), state 207.526(i)), A conveyance to the grantor's child, stepchild, adopted child or grandchild, which is exempt from the state tax only (state 207.526(j), (k)), so the county tax still applies if money changes hands, A deed creating a joint tenancy where at least one of the joint tenants already owns the property (county 207.505(o), state 207.526(r)), and A corrective deed confirming title already vested in the grantee (county 207.505(l), state 207.526(n)).

Recording fees run about $30 per document. Michigan sets the fee by statute at $30 per document, regardless of the number of pages (MCL 600.2567). Charter counties may set their own; Wayne charges $26 plus the $4 state survey and remonumentation fee.

See how Michigan's transfer tax and recording fee compare with other states.

How to hold title in Michigan

• Sole ownership. One person owns everything.
• Tenancy in common. Separate, divisible shares with no survivorship. A deceased owner's share goes to their heirs.
• Joint tenancy with right of survivorship. Equal shares; the survivor takes the whole property automatically.
• Tenancy by the entirety. Married couples only, with automatic survivorship and, in most states that allow it, protection from one spouse's creditors.

Where to record a deed in Michigan

Deeds are recorded with the Register of Deeds in the county where the property is located. Michigan has 83 counties. Many offices accept e-recording, but usually only from approved submitters such as title companies, attorneys, and lenders.

Wayne · Oakland · Macomb · Kent · Genesee · Washtenaw · Ottawa · Ingham · Kalamazoo · Livingston. all Michigan recording offices

Why deeds get rejected in Michigan

• Michigan eliminated the old two-witness requirement in 2002. A notary alone is sufficient today. Forms floating around online still show witness lines; they are outdated.
• Sign in black or dark blue ink. Michigan registers of deeds cannot accept a signature in any other color (MCL 565.201(1)(a)).
• A warranty or covenant deed must carry the county treasurer's certificate that property taxes for the last 5 years are paid, or the Register of Deeds will not record it (MCL 211.135). Quitclaim deeds and other deeds without warranty covenants are exempt.
• Within 45 days, the new owner must file a Property Transfer Affidavit (Form 2766, L-4260) with the city or township assessor, not the Register of Deeds. The transfer itself uncaps the taxable value unless MCL 211.27a(6) or (7) excludes it. If you don't file within 45 days, the assessor adjusts the value retroactively and bills the back taxes with interest, plus $5 a day (up to $200 for a principal residence, and up to $4,000 for other property that is not commercial or industrial) (MCL 211.27b).
• Michigan is one of the five lady bird deed states, and lady bird deeds are used here routinely for probate avoidance.
• A conveyance to a married couple creates a tenancy by the entirety automatically, which carries strong creditor protection.
• Michigan does not recognize transfer-on-death deeds. The lady bird deed fills that role.