Michigan Quitclaim Deed: Requirements, Recording and Transfer Tax

A Michigan quitclaim deed (the statute spells it "quit claim") transfers the grantor's interest in land without the covenants of the statutory warranty deed, and MCL 565.152 treats it as a good conveyance once it is "duly signed, sealed, and acknowledged by the grantor." In practice, the grantor signs the deed and acknowledges it before a notary public or another officer named in MCL 565.8, and the deed is recorded with the county register of deeds, where it must meet the content and format rules of MCL 565.201. The new owner then has 45 days to notify the local assessor on a Property Transfer Affidavit (MCL 211.27a). For other states, see our guide to quitclaim deed rules by state.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Michigan statutes on quit claim deeds and their recording (MCL 565.8, 565.29, 565.151 to 565.153 and 565.201), the register of deeds fee in MCL 600.2567, the State Real Estate Transfer Tax Act and the county real estate transfer tax act, the property tax rules in MCL 211.27a, 211.27b and 211.7cc, and federal mortgage and gift-tax points. It does not cover title insurance, lender or loan-program rules beyond the federal regulations cited, county practices beyond those named, commercial or industrial property tax rules, federal income tax, or the law of other states.

What a quitclaim deed does in Michigan

Michigan law gives a short statutory form for a quit claim deed in MCL 565.152. The form uses the words "quit claims to," then calls for a description of the premises and a statement of the consideration. The statute then says when that form works:

"the said conveyance, being duly signed, sealed, and acknowledged by the grantor, shall be deemed to be a good and sufficient conveyance in quit claim to the grantee, his heirs, and assigns." (MCL 565.152)

The sibling form for a warranty deed, MCL 565.151, carries a covenant of seisin and a warranty of title. The quit claim form carries neither, so the grantor makes no promise about the state of the title. For how the two deeds compare, see our guide to quitclaim vs. warranty deeds.

The deed does not need the old words "heirs and assigns" to pass a full estate. MCL 565.153 says "It shall not be necessary to use the words 'heirs and assigns of the grantee' to create in the grantee an estate of inheritance."

This page describes the statute. It does not provide a deed form to fill in. The register of deeds can tell you what it will accept for recording, but it cannot give legal advice; a lawyer licensed in Michigan can prepare the deed.

Michigan quitclaim deed requirements

A deed has to satisfy two sets of rules: what makes it a valid conveyance (MCL 565.152 and 565.8) and what a register of deeds needs before it will record it (MCL 565.201).

MCL 565.8 says: "Deeds executed within this state of lands, or any interest in lands, shall be acknowledged before any judge, clerk of a court of record, or notary public within this state." This page does not cover the rules for a deed signed outside Michigan.

On witnesses, MCL 565.8 as currently printed does not state a requirement. It does say that "If a deed has been recorded that lacks 1 or more witnesses and the deed has been of record for a period of 10 years or more, and is otherwise eligible to record, the record of the deed shall be effectual for all purposes of a legal record." If you are unsure how your county applies this, ask the register of deeds.

The address rule reads: "The address of each of the grantees in each deed of conveyance or assignment of real estate, including the street number address if located within territory where street number addresses are in common use, or, if not, the post office address, is legibly printed, typewritten, or stamped on the instrument." The drafter rule reads: "If the instrument is executed after January 1, 1964, the instrument contains the name and business address of the person who drafted the instrument."

Format rules for recording

MCL 565.201 sets these rules for any instrument:

• Each signer's name printed beneath the signature, with signatures in black or dark blue ink, and the printed name matching the name recited in the acknowledgment.
• The notary's name printed on the same page, near the notary's signature.
• The first 5 digits of any Social Security number obscured, unless another law or court order requires more digits to appear.
• An English translation attached to an instrument not in English.

For instruments executed after April 1, 1997, each sheet must also meet these rules, which do not apply to instruments executed outside Michigan:

• A margin of unprinted space "at least 2-1/2 inches at the top of the first page and at least 1/2 inch on all remaining sides of each page."
• The first line of print states the single recordable event the instrument evidences.
• Type no smaller than 10-point, in black ink on white paper of at least 20-pound weight.
• Pages from 8-1/2 by 11 inches to 8-1/2 by 14 inches.

Does a spouse have to sign a Michigan quitclaim deed?

Michigan abolished dower. 2016 PA 489, effective April 6, 2017, added MCL 558.30, which says "a wife's dower right is abolished and unenforceable either through statute or at common law." The older dower sections, MCL 558.1 and following, still print in the code.

No Michigan statute cited here requires a spouse who is not on the title to sign a deed of the other spouse's separately owned home, though other provisions could apply. This page therefore does not say either way. If a spouse who is not on the title may have an interest, ask a lawyer licensed in Michigan before the deed is signed.

Recording a quitclaim deed with the register of deeds

Deeds are recorded with the register of deeds in the county where the land lies. MCL 565.201 opens: "A register of deeds shall not receive for recording an instrument executed after October 29, 1937 unless the instrument complies with each of the following requirements." To search what is already on record for a parcel, see our guide to Michigan property records.

Why recording matters

A quitclaim is valid between the grantor and the grantee without recording. Recording protects the new owner against a later buyer. MCL 565.29 provides:

"Every conveyance of real estate within the state hereafter made, which shall not be recorded as provided in this chapter, shall 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." (MCL 565.29)

Both conditions matter: the later buyer must purchase in good faith and for value, and that buyer's own conveyance must be recorded first.

A register of deeds checks form, not substance. Under MCL 565.201, "A register of deeds shall not reject an instrument for recording because of the content of the instrument if the instrument complies with the provisions of this act and any other act relating to the recording of instruments." The same section treats a recorded instrument as conclusively presumed to comply.

Recording fee

MCL 600.2567 sets the recording fee, but a charter county may impose its own fee schedule by ordinance or resolution, not greater than the cost of the service (MCL 600.2567(3)), so check with your county register of deeds. The statute provides: "For entering and recording a document, regardless of the number of pages, $30.00, which includes the fee required to be collected under section 2567a." Of that amount, $5.00 goes to the county's automation fund. The quoted text is as published through PA 103 of 2026. Transfer tax, covered below, is a separate payment.

Electronic recording

Michigan has adopted the Uniform Real Property Electronic Recording Act, 2010 PA 123. MCL 600.2567 contains a separate fee-payment rule for electronic documents that applies where "the register of deeds accepts electronic documents for recording." Whether a county takes e-recorded deeds depends on that county's register of deeds.

Michigan transfer tax on a quitclaim deed

Michigan has two transfer taxes, and both reach deeds given for consideration. The State Real Estate Transfer Tax Act (1993 PA 330) taxes "Deeds or instruments of conveyance of property or any interest in property, for consideration" (MCL 207.523). The county real estate transfer tax under 1966 PA 134 (MCL 207.501 and following) also applies to deeds for a consideration. The grantor is liable for both.

MCL 207.525 states the state rate: "the tax imposed under sections 3 and 4 is levied at the rate of $3.75 for each $500.00 or fraction of $500.00 of the total value of the property being transferred." No separate city transfer tax is cited here; ask the register of deeds whether a local ordinance imposes one.

The state tax is paid to the county treasurer where the property is located within 15 days after the deed is delivered, and the deed's date is presumed to be the delivery date (MCL 207.523(3)). The county tax is imposed when the deed is recorded and is paid with documentary stamps bought in the county where the property is located (MCL 207.502, 207.507).

A deed subject to the tax must show its value. Under MCL 207.504, "A written instrument subject to the tax imposed by this act shall state on its face the total value of the real property or there shall be attached to the instrument an affidavit declaring the total value of the real property." The Department of Treasury prescribes the affidavit form for the state tax and the State Tax Commission for the county tax.

Exemptions that fit quitclaim situations

The two acts have separate exemption lists, and the county list is narrower. The table shows the items most relevant to quitclaim deeds; both lists include others.

The state child exemption reads: "A conveyance from an individual to that individual's child, stepchild, or adopted child." The county title-correction item covers "Instruments to confirm titles already vested in grantees, such as quitclaim deeds to correct flaws in titles."

Both taxes reach only deeds given for consideration, and both exempt a deed whose consideration is less than $100 (MCL 207.505(a), 207.526(a)). A gift deed with no consideration, or consideration under $100, therefore owes neither tax. The state child and grandchild exemptions matter when the child or grandchild pays $100 or more; the county act has no such item, so that exemption does not carry over to the county tax.

If a seller paid the state tax on a transfer that was exempt, MCL 207.523 provides a refund route: "the seller or the buyer who has paid the tax on behalf of the seller believes that the property was eligible for an exemption under section 6 at the time of the transfer, the seller or the buyer who has paid the tax on behalf of the seller may request a refund from the department of treasury."

Property tax after a quitclaim: uncapping, the affidavit and the homestead exemption

Uncapping of taxable value

A transfer of ownership resets a Michigan property's taxable value. MCL 211.27a provides: "Upon a transfer of ownership of property after 1994, the property's taxable value for the calendar year following the year of the transfer is the property's state equalized valuation for the calendar year following the transfer." A conveyance by deed counts as a transfer of ownership.

MCL 211.27a lists transfers that are not a transfer of ownership, including:

• a transfer "from 1 spouse to the other spouse or from a decedent to a surviving spouse";
• a conveyance creating or disjoining a tenancy by the entireties;
• a conveyance to a trust where the settlor, or the settlor's spouse, is the sole present beneficiary;
• since December 31, 2014, a conveyance of residential property to a trust whose sole present beneficiary is the settlor's or spouse's parent, sibling, child, adopted child or grandchild, if the property is not used commercially;
• since December 31, 2014, a transfer of residential property to the transferor's or the transferor's spouse's mother, father, brother, sister, son, daughter, adopted son, adopted daughter, grandson or granddaughter, if the property is not used for any commercial purpose after the conveyance;
• creating or ending a joint tenancy where at least one party was an original owner (a person counts as an original owner of property owned by their spouse) and, if the property is already held in joint tenancy, at least one party was a joint tenant when it was created and has remained one since;
• certain court-ordered transfers.

That family-home exclusion, MCL 211.27a(7)(u), covers a plain deed of a home from a parent to a child outside a trust: it does not uncap taxable value if the property is not used for any commercial purpose after the conveyance. If the Department of Treasury or the assessor asks, the new owner must furnish proof within 30 days that the conditions are met, or face a $200 fine. The exclusion is claimed on the Property Transfer Affidavit, described next, whose exemption list includes transfers between certain family members.

The Property Transfer Affidavit (Form 2766)

The new owner must report the transfer. MCL 211.27a(10) provides that "the buyer, grantee, or other transferee of the property shall notify the appropriate assessing office in the local unit of government in which the property is located of the transfer of ownership of the property within 45 days of the transfer of ownership, on a form prescribed by the state tax commission." That form is the Property Transfer Affidavit, Form 2766 (L-4260), filed with the city or township assessor, not the register of deeds. The duty applies even if no deed is recorded. Your local assessor can supply the current version of the form.

Skipping the affidavit is costly. Under MCL 211.27b, the taxable value is uncapped anyway and back taxes, interest and a penalty are levied. The penalty is $5 a day, capped at "(i) For property owned and occupied as a principal residence, $200.00," and at $4,000 for other non-commercial property. Older printings of Form 2766 say the cap is $200 for all property; the current statute sets the higher cap for property that is not a principal residence.

Principal residence exemption

If the home was exempt as the grantor's principal residence, that owner must withdraw the claim once it stops being their home. MCL 211.7cc(5) says that "not more than 90 days after exempted property is no longer used as a principal residence by the owner claiming an exemption, that owner shall rescind the claim of exemption by filing with the local tax collecting unit a rescission form prescribed by the department of treasury." The exemption continues only until December 31 of the year the property is transferred (MCL 211.7cc(4)). A new owner who will live there files their own affidavit with the local tax collecting unit by June 1 for the immediately succeeding summer tax levy or by November 1 for the immediately succeeding winter tax levy (MCL 211.7cc(2)).

Mortgages and quitclaim deeds

MCL 565.152 says nothing about the loan, so this section rests on federal regulations. A deed does not remove anyone from a mortgage; only the lender can release a borrower. Under 12 CFR 191.5(b)(4), if, before the transfer, the lender and the new owner agree in writing that the new owner will be obligated on the loan, then on that agreement "a lender shall release the existing borrower from all obligations under the loan instruments."

Federal law limits when a lender can call a home loan due because of a transfer. Under 12 U.S.C. 1701j-3(d), for a loan on residential property with fewer than five dwelling units, a lender may not use a due-on-sale clause for certain transfers, including a transfer where the borrower's spouse or children become an owner, and a transfer on the death of a joint tenant or tenant by the entirety. The federal regulation, 12 CFR 191.5(b), applies these limits to a loan on a home occupied or to be occupied by the borrower, and covers:

• a transfer where the spouse or children become an owner, or a transfer from a divorce decree, legal separation agreement or property settlement by which the spouse becomes an owner, where the person taking title occupies or will occupy the property (12 CFR 191.5(b)(1)(v));
• a transfer into a living (inter vivos) trust in which the borrower is and remains the beneficiary and occupant, unless the borrower refuses to give the lender reasonable means of notice of later transfers (12 CFR 191.5(b)(1)(vi)).

These limits are conditional, and a lender keeps the right to enforce the clause if a later event disqualifies the transfer (12 CFR 191.5(b)(5)). Transfers outside the listed categories, such as to a sibling or friend, are not covered. Talk to the lender before signing. Federal servicing rules also recognize a "successor in interest," such as a spouse or child who receives an ownership interest from a borrower (12 CFR 1024.31). If the transfer is part of a divorce, see our guide to Michigan divorce laws.

Federal gift tax on a quitclaim to a family member

Giving property away by quitclaim can be a gift for federal tax purposes. The IRS says the gift tax "applies to the transfer by gift of any type of property," and that you make a gift if you give property "without expecting to receive something of at least equal value in return." For 2026, "the annual exclusion for gifts remains at $19,000" per recipient. The IRS lists gifts to your spouse among gifts that are not taxable, says the donor is generally responsible for any gift tax, and says the recipient's basis in gifted property is generally the same as the donor's. If your spouse is not a U.S. citizen, the IRS limits tax-free gifts to that spouse to an annual exclusion of $194,000 for 2026. Ask a tax professional how these rules apply to your transfer.

Deed fraud protections in Michigan

Recording is not a check on whether a deed is genuine. Because a register of deeds may not reject a compliant instrument for its content (MCL 565.201), a forged or unauthorized deed that meets the format rules can end up on the record. Watching the record is the practical defense.

Some counties offer free alerts. Macomb County's Clerk and Register of Deeds runs Fraud Notify: "Register your name and when a document is recorded with your name on it you will be notified via email." Other Michigan counties may offer similar services; check with your own register of deeds. The FBI's Internet Crime Complaint Center gives the same advice nationally: "Check if your County Recorder, Register of Deeds, County Appraisal District, or County Clerk's Office offer notification services and send an automated email or text when a legal document is recorded using your name."

Transfer-on-death deeds and other alternatives

Article VI of the Estates and Protected Individuals Code, "Nonprobate Transfers on Death" (MCL 700.6101 to 700.6310), contains no transfer-on-death or beneficiary deed statute; its Part 3 covers securities. This page does not cover enhanced life estate deeds. For passing a home at death, see our guide to Michigan probate.

If the buyer needs the grantor to stand behind the title, the warranty deed in MCL 565.151 is the statutory alternative.

Common myths about Michigan quitclaim deeds

"A quitclaim is not valid until it is recorded." Not between the parties. Under MCL 565.29, an unrecorded conveyance is void only against a later good-faith purchaser for value who records first.

"A family deed means no taxes." Only partly true. A gift deed with consideration under $100 owes neither transfer tax (MCL 207.526(a), 207.505(a)), and the state tax also exempts a conveyance to a child or grandchild (MCL 207.526(j), (k)), but the county list has no such item for a child or grandchild who pays $100 or more, the Property Transfer Affidavit is still due within 45 days (MCL 211.27a(10)), and the taxable value uncaps unless an exclusion applies, such as the family-home rule in MCL 211.27a(7)(u).

"Signing a quitclaim takes me off the mortgage." No. The deed changes ownership, not the loan; only the lender can release a borrower (12 CFR 191.5(b)(4)).

Related

• Quitclaim deed rules by state
• Michigan property records
• Quitclaim vs. warranty deeds
• Michigan divorce laws
• Michigan probate

This article provides general legal information about Michigan law on quitclaim deeds, verified on 2026-10-08. It is not legal or tax advice. For your situation, contact your county register of deeds (who cannot give legal advice), a legal aid office, or a lawyer licensed in Michigan.

Last updated: 2026-10-08.

Frequently Asked Questions

How do I file a quitclaim deed in Michigan?

The grantor signs the deed and acknowledges it before a notary public or other officer listed in MCL 565.8, and the deed must show the grantee's address and the drafter's name and business address and meet the format rules of MCL 565.201. Record it with the county register of deeds for the statutory $30 fee, unless a charter county has set its own (MCL 600.2567), and the new owner files the Property Transfer Affidavit with the local assessor within 45 days (MCL 211.27a(10)).

Does a quitclaim deed need to be notarized in Michigan?

Yes. MCL 565.152 requires the deed to be acknowledged by the grantor, and MCL 565.8 says deeds executed in Michigan shall be acknowledged before a judge, a clerk of a court of record, or a notary public in Michigan.

Does a Michigan quitclaim deed need witnesses?

Neither MCL 565.8 nor the recording requirements of MCL 565.201 call for witnesses. Section 565.8 also says a recorded deed lacking witnesses that has been of record for 10 years or more is effective as a legal record.

How much does it cost to record a quitclaim deed in Michigan?

The register of deeds fee is set by statute at $30 per document, regardless of the number of pages (MCL 600.2567(1)), but a charter county may set different amounts by ordinance or resolution, not above its cost (MCL 600.2567(3)), so check with your county register of deeds. Any state or county transfer tax is a separate payment.

Do you pay transfer tax on a quitclaim deed in Michigan?

Only deeds given for consideration are taxed: the state rate is $3.75 per $500 of total value (MCL 207.525) and the county rate is 55 cents per $500, or up to 75 cents in a county of 2,000,000 or more (MCL 207.504). Both acts exempt consideration under $100 and quitclaims that confirm title already vested, among other items (MCL 207.526, 207.505).

Is a quitclaim deed to my child exempt from Michigan transfer tax?

The state tax exempts a conveyance to a child, stepchild or adopted child (MCL 207.526(j)) and to a grandchild (207.526(k)). Both acts tax only deeds given for consideration and exempt consideration under $100 (MCL 207.526(a), 207.505(a)), so a gift deed owes neither tax. If the child pays $100 or more, the county tax can apply, because the county act (MCL 207.505) has no parent-child item. The Property Transfer Affidavit is still required, and a home deeded to a child does not uncap taxable value if it is not used for any commercial purpose afterward (MCL 211.27a(7)(u)).

Does a quitclaim deed to my spouse uncap my property taxes?

MCL 211.27a lists a transfer from one spouse to the other as not a transfer of ownership, so it does not by itself uncap taxable value. Conveyances creating or disjoining a tenancy by the entireties are on the same list.

Does my spouse have to sign a quitclaim deed in Michigan?

Michigan abolished dower effective April 6, 2017 (MCL 558.30). No statute cited here requires a spouse who is not on title to sign, but other rules could apply, so ask a lawyer licensed in Michigan if your spouse may have an interest.

What happens if I do not file the Property Transfer Affidavit?

Under MCL 211.27b the taxable value is uncapped anyway and back taxes, interest and a penalty of $5 a day are levied, capped at $200 for a principal residence and $4,000 for other non-commercial property.

Does Michigan have a transfer-on-death deed?

Article VI of the Estates and Protected Individuals Code (MCL 700.6101 to 700.6310) contains no transfer-on-death or beneficiary deed statute. Ask a lawyer licensed in Michigan about other ways to pass a home at death.

Does a quitclaim deed remove me from the mortgage?

No. A deed changes ownership, not the loan; only the lender can release a borrower, for example when, before the transfer, the lender and the new owner agree in writing that the new owner will be obligated on the loan (12 CFR 191.5(b)(4)).