Michigan Quitclaim Deed Form

Last Updated: December 2, 2023 by Rukshani Lye

What is a Quitclaim Deed in Michigan?

A Quitclaim Deed in Michigan is a quick method of transferring property ownership. It allows the property owner (“Grantor”) to transfer their interests in the property to a new owner (“Grantee”). Quitclaim deeds are a quick way to transfer property, yet, they provide the lowest level of security among real estate deeds in Michigan.

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The most common use of quitclaim deeds is between two parties with high levels of trust, such as family members or close friends.

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What is the Difference Between a Quitclaim Deed and a Warranty Deed in Michigan?

The main difference between a quitclaim deed and a warranty deed lies in the level of protection they offer to the Grantee on the property’s title. A quitclaim deed does not provide any promises of protection, making it faster but lacking assurance of a valid title.

On the other hand, a warranty deed ensures full protection, guaranteeing the property’s freedom from ownership conflicts but involves a lengthier process to verify compliance with local, state, and federal laws.

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How Do Quitclaim Deeds Work in Michigan?

State law ruling quitclaim deeds can be found in the Michigan Legislature under Chapter 565, Conveyances of Real Property. Quitclaim deeds are one of the ways to communicate the transfer of real property.  The wording of a quitclaim deed must contain specific information, including the terms to which both parties agree. Once the deed is drafted, it must be registered at the Registry of Deeds in the county where the property is located.

Can You  Prepare Your Own Quitclaim Deed in Michigan?

A professional drafter is not legally required in Michigan. If a drafter does prepare the document, their name and address must be included in the deed.

Michigan Quitclaim Deed Requirements

There are multiple requirements for formatting and content that need to be included in a quitclaim deed in Michigan.

Formatting Requirements.

Formatting requirements in Michigan for documents executed after April 1, 1997:

  • The deed must be printed in black ink on 20-pound white paper.
  • Paper size must be between 8.5 x 11 to 8.5 x 14 inches.
  • Text size must be a minimum of 10 points.
  • Margins must be 2.5 inches on the top of the first page and 0.5 inches on all other sides.

Content Requirements.

Content requirements in Michigan for documents executed after April 1, 1997:

  • Insert the deed title “’Quitclaim Deed”.
  • All Michigan quitclaim deeds should contain a consideration clause worded as follows: “A.B. quit claims to C.D. (here describe the premises) for the sum of (here insert the consideration)”
  • Both Grantor and Grantee’s full names and address, city, and state.
  • Drafter’s information.
  • Property address
  • Legal description of the property.
  • Transfer Date
  • Deeds recorded before April 6, 2017, must include the marital status of male Grantors.
  • Consideration clause.
  • If transfer tax is owed, the property’s total value or a Transfer Tax Valuation Affidavit must be attached.
  • If the property is on unplatted land, the following must be included:
  1. A statement on transferring division rights under platting exemptions must be included; otherwise, division rights stay with the retained parent tract or parcel.
  2. A statement that informs the Grantee about the potential presence of agricultural activities and the legal protections afforded to farmers under the Michigan Right to Farm Act.

Who Signs a Quitclaim Deed in Michigan?

In Michigan, quitclaim deeds require the signature of the Grantor and Grantee. The Grantor must have their signature authenticated by a notary. The notarization can be completed online and signed electronically.

How to File a Quitclaim Deed in Michigan

Here’s how to file a quitclaim deed in Michigan:

  1. Once the quitclaim deed is drafted, all required parties must sign the document.
  2. If a drafter prepares the documents, ensure their information is recorded.
  3. Complete and file a Property Transfer Affidavit with the assessor for the city or township where the property is located within 45 days.
  4. Submit the completed set of documents, along with the applicable fees, at the Michigan Register of Deeds.

    How Much Does it Cost to File a Quitclaim Deed in Michigan?

    The cost to file a quitclaim deed in Michigan is $30 per document.

    What Taxes Are Owed on Quitclaim Deeds in Michigan?

    In Michigan, the purchase of property using a quitclaim deed triggers two separate taxes:

    1. State Transfer Tax – The state transfer tax rate is $3.75 per $500 of the value of the property transferred.
    2. County Transfer Tax – The county transfer tax rate is $0.55 per $500 of the value of the property transferred.

    In Michigan, a number of transfers that are generally filed under quitclaim deeds are tax-exempt, including:

    1.  A conveyance from an individual to that individual’s child, stepchild, or adopted child, grandchild, step-grandchild, or adopted grandchild.
    2. Conveyance between spouses or married couples creating or disjoining a tenancy by the entities in the Grantors or the Grantor and his or her spouse.
    3. A written instrument to confirm a title already vested in a Grantee, including a quitclaim deed to correct a flaw in the title.
    4. A written instrument used to straighten boundary lines if no monetary consideration is given.

    Moreover, federal taxes such as Gift Tax and Capital Gains Tax may also be applicable.

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    How Long Does a Quitclaim Deed Take to be Recorded in Michigan?

    The length of time to record a quitclaim deed in Michigan varies greatly depending on the processes, procedures, and population of each county. For example, Kalamazoo County takes three to five business days to register a deed.

    What Happens After a Quitclaim Deed is Recorded in Michigan

    In Michigan, once the quitclaim deed is signed and filed, the county will process the document, creating a public record of the transfer of ownership.

    If the deed is clear of any previous filings, a public record of the transfer of the property’s ownership will be made official.

    How Long Are Quitclaim Deeds Valid For in Michigan?

    There is no expiration for quitclaim deeds in Michigan. However, the statute of limitations for challenging a deed in Michigan is 10 years from the date the deed was recorded with the county.

    Sources

    Quitclaim Deed Form in Other States