Free Michigan Quitclaim Deed Form

Legal Requirements for a Quitclaim Deed in Michigan

The Michigan law gives several types of real estate deeds. These deeds allow for the effortless and legal transfer of real estate, land or residential property from one party to another. One such document is the quitclaim deed. It is the most popular real estate deed, and its use and processes are the least complicated.

To be specific, the quitclaim deed in Michigan refers to the legally binding legal instrument that allows someone with ownership rights to a property to give up their rights to the property. You could also think of it as the document used to grant someone else rights to a named property. The person who gives up their rights to the property is the grantor while the person who receives rights to the property is called the grantee.

However, unlike the other types of real estate deeds, this document does not offer any warranties on the property transfer meaning that the grantee doesn’t get as much protection from the deed and they might not have any legal recourse against the grantee in the event of title issues. As a result, this document is also called a non-warranty deed as it differs from the other documents that offer warranty for titles. The document also goes by other names like quitclaim deed form or the quitclaim. Note that the deed is mistakenly referred to as a quick claim deed – while this is expressive of how fast the document facilitates real property ownership transfers; it is an incorrect name.

Since the document comes without any warranties, it is common between families and generally people who trust each other.

  • Common uses of the quitclaim deed

    • To transfer real property between members of a family – the deed is commonly used to transfer property between parents and their children, or between siblings and other closely related families.

    • To add or remove a spouse from a title – whether from a marriage or a divorce, a quitclaim claim facilitates the addition or the removal of a spouse for the title of a real title.

    • The quitclaim could also be used to effect an owner’s name change. This happens all the time when an owner changes their name after obtaining a title for a property.

    • You could also use the quitclaim to transfer your property rights into a trust, as part of your estate planning strategy.

    • The deed ensures the transfer of legal real property ownership into a corporation or an LLC.

    • The quitclaim is also used in the removal of clouds from a title for title insurance. Clouds are the defects that might be on a deed when a title search is run. Since the defects affect ownership details, your insurer will ask you to clear the defects before you obtain title insurance.

Legal Requirements for the Quitclaim’s validity

To execute your quitclaim successfully, you first need to download a free Michigan quitclaim deed form online. Select the printable PDF version of the deed online. Note that even before you start filling out the form, you should look at online forms for a general idea of what is expected.

Regarding the free deed form, note that the state uses the form 863 quitclaim deed, but the formatting requirements might be different for different counties. So, ensure that you use the correct form.

  • The basic requirements of a valid quitclaim form include:

    • It must have the full legal description of the real property. The description of the property should include previous ownership details and how the grantor gained ownership of the property.

    • It should indicate the type of consideration, and the amount of consideration paid for the property

    • The deed must be signed, sealed and also acknowledged by the grantor for it to work as a conveyance deed. Acknowledgment of the signed document should take place in the notary public.

    • The deed must also have the name and the mailing address of the deed’s preparer. These details must be listed on the first page of the deed.

    • For the formatting and the content requirements, you need to make sure that the document meets the requirements of the Michigan Compiled Laws

    • For male grantors, the quitclaim must indicate their marital status. If a quitclaim doesn’t have these details, the register of deeds in the state/ county might refuse to record the instrument.

    • The language used in the deed should show that the grantor is relinquishing their rights to the property.

Recording the deed is also important because it ensures that the property transfer is recorded in the public records. If unrecorded, the deed is deemed void against any future/ subsequent purchasers of the real property, especially when the new buyer gets the property for a valuable consideration and in good faith. It, therefore, means that you don’t get rights to the property just because a quitclaim was used to record the conveyance. If there is no record of the quitclaim in the public records, then you don’t have rights to the property. Recording of the quitclaim in the public records is essential for the preservation of the chain of title, and it also ensures that the public is aware of the change in hands.

Quitclaim Transfer Tax

Before recording the conveyance of your interests in real property, you (the grantor) has to pay the prescribed transfer tax. The transfer taxes will include the taxes imposed by the county the property is located, as well as the state. The County Register of Deeds Office will only allow you to file/ record the quitclaim when the taxes are paid unless the transfer is exempted from the transfer tax. Some of the acceptable exemptions include when the money exchanged for the property does not exceed $100. This is a common case in property transfers between spouses or parents to children (biological, adopted, or stepchildren).

Quitclaim’s statute of limitation

A grantor or grantee has a limited period during which they can bring on a lawsuit against the other party. The statute of limitations on quitclaims is two years.

Would you like to use a quitclaim to facilitate the conveyance of residential property to your loved one in Flint, Detroit, Lansing, Ann Arbor, Grand Rapids, Saginaw, Kalamazoo or any other city in Michigan? Get started with our free quitclaim deed form today.