A Michigan quitclaim deed is a legal document that lets a property owner transfer ownership to another party without needing a title search. It doesn’t convey any warranty related to the title, meaning that if the title has encumbrances or liens, they will become the new owner’s responsibility.
Because of the lack of promises, quitclaim deeds are ideal for transfers between individuals who know and trust one another, including close friends and family members. You can also use this legal instrument to correct a small title defect (like a misspelled name) or add or remove a co-owner.
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
Quitclaim Deed | Transfers whatever property interest the current owner has. Doesn't provide any warranties. |
Warranty Deed | Transfers property while providing comprehensive protection from potential issues that may arise, regardless of their orgin date. |
Covenant Deed | Conveys property with a partial warranty of title, meaning it only protects against encumbrances originating from the current owner's ownership period. |
Life Estate Deed | Conveys ownership of a property for the duration of a person's life, after which it reverts. |
Enhanced Life Estate Deed | Similar to a life estate deed, but the grantor retains full property control during their lifetime. |