Free Michigan Quitclaim Deed Form

A Michigan quitclaim deed conveys interest in a property without making any promises that the seller has ownership rights or a clear title to the property. The seller isn’t liable to the buyer if issues arise in the title.

Table of Contents

• How to File
• Costs and Fees
• Michigan Quitclaim Deed Requirements
• Quitclaim Deeds vs. Other Property Transfer Methods in Michigan
• Sample Michigan Quitclaim Deed
• Frequently Asked Questions

How to File

Filing a quitclaim deed in Michigan involves more than just signing a form. From completing the deed correctly to submitting it with the right county office, following each step ensures your transfer is legal, recorded, and tax-compliant.

Step 1: Gather Relevant Paperwork and Documentation

Check the current title to the property to get its legal description and gather all the forms you need, including a quitclaim deed template. Collecting this paperwork before you begin can make it much easier to handle your property transaction.

Step 2: Fill out the Quitclaim Deed

Include all the information required for a quitclaim deed, including information about the grantor and grantee and a legal description of the property. If using a template, ensure you fill it out completely, leaving no missing information.

Step 3: Sign

Sign the deed as the grantor. While most states require the grantor to be in the presence of a notary public, Michigan is a little more flexible. Mich. Comp. Laws § 565.8 states that the grantor can sign before a notary, clerk of a court of record, or judge.

A notary will likely be the easiest to locate for most private real estate transactions. Don’t sign the form until you’re in their presence since they need to witness the signature to validate it. You must provide a government-issued ID for proof of identity.

Step 4: File the Deed

Mich. Comp. Laws § 565.201 states that quitclaim deeds should be recorded with the register of deeds in the county where the property exists, not the county where the transaction took place or the one where either party lives. Mich. Comp. Laws § 600.2567 notes that you will need to pay a $30 filing fee when submitting the deed.

Step 5: Have the Grantor Complete a Property Transfer Affidavit

Per Mich. Comp. Laws § 211.27a(10), the buyer (grantee) must file a Property Transfer Affidavit (Form 2766) with the assessor for their property’s township or city. This form confirms their acceptance of the property. They must file it within 45 days of the transfer date.

Costs and Fees

Recording a quitclaim deed in Michigan comes with a flat filing fee and potential taxes based on the property’s value. Understanding these costs—including state and county transfer taxes—can help you avoid delays and file confidently.

Filing Fees

Mich. Comp. Laws § 600.2567 requires you to pay a filing fee of $30 when you submit any deed, including a quitclaim deed, to the register of deeds. Additionally, you can pay $5 to certify a recorded document and $1 per page to obtain copies of the certified document.

Taxes

1. Real Estate Transfer Tax

Michigan charges a real estate transfer tax on the consideration for the property at the time of the sale. The state transfer tax is $3.75 per $500 of the property’s sales price.

In addition, each county can set an additional transfer tax rate per Mich. Comp. Laws § 207.504. Counties with less than two million people can set an additional rate of $0.55 per $500, while counties with more than two million people can set an additional rate of no more than $0.75 per $500.

Transfer Tax Exemptions

According to Mich. Comp. Laws § 207.526, there are several potential exemptions to the property transfer tax. They include the following:

• Transfers in which the total consideration for the property is less than $100
• Transfers in which the grantor is the United States, the state of Michigan, or a political subdivision of those entities
• Transfers between spouses
• Transfers to children, including stepchildren or adopted children
• Transfers to grandchildren, including step-grandchildren or adopted grandchildren
• Quitclaim deeds correcting title flaws
• A transfer between a corporation and its stockholders or creditors
• Transfers between LLCs and their members
• Joint tenancy transfers, in which one party already has a partial interest in the property

If you believe that you may be exempt from transfer taxes under these terms, consult a tax professional to pay the correct taxes on your property.

2. US Gift Tax

If the grantor gives property to the grantee for no consideration, they may have to pay a gift tax if the property value exceeds a certain amount. For the 2024 tax year, the grantor will have to pay gift tax on any gifts valued over $18,000 per recipient. Please fill out Form 709 to report gifts and determine the amount of tax you must pay.

3. Capital Gains Tax

Michigan charges capital gains tax at the ordinary income rate of 4.25% regardless of the property value. If you sell the property to the grantee for a profit, you must pay the state capital gains tax.

Grantors must also pay federal capital gains tax. The federal tax rate for capital gains will vary depending on whether your gains are long-term or short-term (IRS Topic. No. 409). Short-term capital gains are taxed at the normal federal income rates, so it will depend on your tax bracket. However, long-term capital gains receive special treatment and can be subject to rates of 0, 15, or 20%.

Michigan Quitclaim Deed Requirements

Michigan recognizes quitclaim deeds as a valid way to transfer property without guaranteeing a clear title. To make the deed legally enforceable, it must meet state rules for wording, signing, and recording—starting with a proper legal description.

Legal Framework

Mich. Comp. Laws § 565 provides information about property conveyances, stating that the grantor must be competent to transfer the property, the grantee must be able to legally hold the property, and the transaction must appear in writing. Mich. Comp. Laws § 565.3 defines a quitclaim deed as sufficient to convey all the estate the grantor could lawfully convey by a bargain and sale deed.

Signing

The grantor must sign their name in front of a notary public, clerk of a court of record, or judge (Mich. Comp. Laws § 565.8).

Legal Description

You should provide an accurate legal description in your quitclaim deed. Ideally, your legal description should include any of the following information so the recording office can easily identify the property:

• Metes and bounds
• Plat or lot number
• Section, township, and range
• Landmarks or monuments

Obtain the most accurate and up-to-date legal description from the current property deed. If you need help accessing the current deed, visit your local Register of Deeds.

Terminology

Mich. Comp. Laws § 565.152 provides the form of a quitclaim deed. It should contain the following language or similar terminology:

“[Party A] quitclaims to [Party B] (the legal description of the property) for a sum of (the consideration, including the designated price even if the price is set at $1).”

Additional Documents

Mich. Comp. Laws § 211.27a(10) requires the grantee (new property owner) to complete a Property Transfer Affidavit (Form 2766) within 45 days of receiving the property. They must file it with the assessor for the city or township where the property resides.

Filing

Mich. Comp. Laws § 565.201 requires the filing of quitclaim deeds with the register of deeds office in the relevant county where the property is built. Please only file in the county office of the property’s physical location rather than the county office where the transaction took place. The recording process comes with a $30 filing fee, per Mich. Comp. Laws 600.2567.

Validity Requirements

Mich. Comp. Laws § 565.201 discusses the validity requirements for deeds, including the following:

• Standard or legal size paper (8.5 x 11 inches or 8.5 x 14 inches)
• Black ink
• No smaller than 10-point font
• 2.5-inch margins at the top of the first page
• 0.5-inch minimum for margins on the rest of the page
• A clear title on the first printed line that tells what the document is

Meeting these requirements ensures the recording office can file it correctly and produce legible copies for future reference.

Content Requirements

Here are the requirements for the content within your quitclaim deed:

• The name and address of the grantor.
• The name and address of the grantee.
• Redactions of any Social Security numbers in the deed.
• The name and address of the party who prepared the deed.
• A statement of consideration or the value paid in exchange for the property.
• The legal description of the property (including the physical address, the property’s boundaries, and other relevant information; if there is a property tax ID number, you should also include it in the legal description).

Quitclaim Deeds vs. Other Property Transfer Methods in Michigan

Sample Michigan Quitclaim Deed

Check out a sample Michigan quitclaim deed below. You can easily customize it online with Legal Templates and download it as a Word or PDF file for filing.

michigan-quitclaim-deed-template

Frequently Asked Questions