How do I file a quitclaim deed in Michigan?
1. Quitclaim vs Warranty Deed
Michigan quitclaim (MCL 565.152) transfers the grantor's interest only. A warranty deed (MCL 565.151) covenants seisin, no encumbrances, and quiet enjoyment; a covenant deed limits warranties to the grantor's acts.
2. Common Uses
Divorce, interspousal transfers, gifts among family, funding revocable trusts, removing a deceased joint tenant, transfer-on-death is NOT recognized in Michigan, so quitclaims into a Lady Bird (enhanced life estate) deed are common.
3. Execution Formalities
MCL 565.8 — deed must be signed by the grantor; MCL 565.201 — requires legibility and acknowledgment for recording. Michigan eliminated the two-witness requirement for most deeds in 2002 (MCL 565.47 reformed), keeping only the notary acknowledgment. Witnesses are not required for a quitclaim signed today.
4. Required Contents
Grantor and grantee names with addresses, legal description with tax parcel ID, words of conveyance ("does hereby quitclaim"), consideration recital. Marital status of grantor often noted for dower (Michigan eliminated dower in 2017 — MCL 558.1 et seq. repealed).
5. Recording
County Register of Deeds where the land sits (MCL 565.25); fees $30 flat-rate per document (2020 simplified). A Property Transfer Affidavit (Form 2766) must be filed with the local assessor within 45 days (MCL 211.27a).
6. Transfer Tax
State Real Estate Transfer Tax: $3.75 per $500 of value (MCL 207.526). County tax: $0.55 per $500 (MCL 207.504). Numerous exemptions in MCL 207.526(a)-(u), including spousal transfers, gifts (no consideration), and transfers to controlled entities.
7. Title Insurance Limits
Michigan title insurers rarely insure based on a recent quitclaim without curative work.
8. Pitfalls
Quitclaim doesn't release mortgage liability; due-on-sale risk; Garn-St. Germain (12 U.S.C. § 1701j-3) protects qualifying family transfers. Filing the Property Transfer Affidavit may trigger uncapping under Proposal A unless an exemption applies (MCL 211.27a(6)).
9. Special Local Rules
Michigan: Property Transfer Affidavit triggers reassessment ("uncapping") unless an immediate-family transfer exemption applies — major property tax consequence.
This is legal information, not legal advice.
- Property Transfer Affidavit and Prop A uncapping exposure
- Lady Bird deed estate planning
- Divorce or judgment-of-divorce deed transfer
- MCL 565.152
- MCL 565.201
- MCL 207.526
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.