Michigan Quit Claim Deed Form
A Michigan Quit Claim Deed is usually the easiest, quickest, and least expensive of the three main Deed types to execute. It is used to convey a Grantor’s interest in a property or land to a Grantee. However, for all its draw cards, it cannot offer guarantees or warranties—even partial ones—that the title is clear. By implication, it is only suitable for use in limited circumstances; namely, when the Grantor and Grantee are already aware of the title’s status and can trust one another to act in a trustworthy manner. Considering that this legal form is best suited for use between relatives, spouses, or ex-spouses, Grantors and Grantees who are strangers are advised to seek alternative legal arrangements.
Laws (§ 565.152): Michigan Compiled Laws, Revised Statutes, Chapter 565: “Conveyances of Real Property”
Address of the Grantee (§ 565.201(d)): The Grantee’s address must be “legibly printed, typewritten, or stamped” on the Quit Claim Deed. Either their street address or the post office address may be provided, as appropriate.
Business name and address of the Grantor (§ 565.201(i)): The name and business address of the party who drafted the Quit Claim Deed must be stated in the form. In most cases, this party will be the Grantor, although in some cases it may be the Grantor’s attorney.
Marital status (§ 565.221): The Quit Claim Deed must indicate whether the (male) Grantor is married or single. Alternatively, they may record an affidavit in the Register’s Office which states their marital status.
Names of Grantor and Notary Public (§ 565.201(a)(c)): The Grantor’s name must be “legibly printed, typewritten, or stamped” underneath their signature. The Notary Public’s name must also be legibly printed, typewritten, or stamped, although instructions for the positioning of it slightly differ; their name can appear near their signature.
Stylistic requirements (§ 565.201(f)): There are particular stylistic requirements that must be followed when drafting the Quit Claim Deed. These requirements are specified in § 565.201(f), and include those concerning the margin space, text size, and paper weight.
Required language (§ 565.152): It is crucial for specific language to appear in the Deed. Using incorrect language may result in the Deed not being accepted by the Register of Deeds.
Language Usage in a Quit Claim Deed vs Warranty Deed
|Quit Claim Deed||Warranty Deed|
|"A.B. quit claims to C.D. (here describe the premises) for the sum of (here insert the consideration).||"A.B. conveys and warrants to C.D. (here describe the premises) for the sum of (here insert the consideration)."|
Michigan state law outlines that a Quit Claim Deed should use the following language in substance:
“A.B. quit claims to C.D. (here describe the premises) for the sum of (here insert the consideration).”
Whereas, the language used in a Warranty Deed is notably different. As § 565.151 details, a Warranty Deed should use the following language in substance:
“A.B. conveys and warrants to C.D. (here describe the premises) for the sum of (here insert the consideration).”
As the comparison above shows, a Quit Claim Deed uses the words “quit claims to,” whereas a Warranty Deed uses the words, “conveys and warrants.” In order to ensure the Quit Claim Deed is duly executed, any language particular to a Warranty Deed should be avoided at all costs.
Social security number (§ 565.201(g): Any social security number given on the form must have the first five (5) digits obscured or removed.
Signing requirements (§ 565.152 and § 565.201(c)): It is a state law requirement for the Quit Claim Deed to be “duly signed, sealed, and acknowledged” by the Grantor. In other words, the Grantor must sign the form in the presence of a Notary Public, who must also sign the form.
How to file a Quit Claim Deed in Michigan (§ 565.201): In the state of Michigan, all Quit Claim Deeds must be recorded with the Michigan Register of Deeds, and any fees demanded by the Register of Deeds must be duly paid.
Michigan is one of twenty-eight (28) states that follows a system of recording legal documents as a “race-notice statute.” As established by § 565.29, any Michigan Quit Claim Deed that is not recorded at the Register of Deeds will be:
“…Void as against any subsequent purchaser in good faith and for a valuable consideration, of the same real estate or any portion thereof, whose conveyance shall be first duly recorded.”
To put this legalese in simpler words, if someone makes a Quit Claim Deed but does not register it, and another party ends up purchasing the same property but registers their conveyance, the latter party’s registered conveyance will be valid, and the former party’s unregistered one will be void.