Find the right Michigan real estate form

In Michigan, recording is central to protecting real property rights. A conveyance of real estate that is not properly recorded is void as against a subsequent purchaser in good faith and for valuable consideration whose conveyance is first duly recorded (MCL 565.29). Deeds must be recorded with the Register of Deeds in the county where the property is located.

Michigan follows a race-notice recording system. An unrecorded deed may be valid between the parties, but it does not protect against a later bona fide purchaser who records first. Importantly, the fact that a recorded instrument is a quitclaim deed does not, by itself, prevent the grantee from qualifying as a good-faith purchaser (MCL 565.29).

If a grantor refuses or neglects to record a deed or deliver it after request, Michigan law provides for potential liability, including damages and penalties (MCL 565.292).

Form and Scope of Conveyance

A conveyance of land or any interest in land must be made by written deed signed and sealed by the grantor (MCL 565.1). Michigan defines a “conveyance” broadly to include nearly every written instrument affecting title to real estate, except wills, short-term leases (three years or less), and executory land contracts (MCL 565.35).

Michigan provides statutory forms for warranty deeds and quitclaim deeds, both of which are commonly used. A warranty deed includes covenants of title; a quitclaim deed transfers whatever interest the grantor may have without warranty covenants.

Execution and Acknowledgment

A deed executed in Michigan must be acknowledged before a judge, clerk of a court of record, or notary public. The officer taking the acknowledgment must endorse a certificate on the deed and state the true date of acknowledgment (MCL 565.8). The notary’s original signature must appear on the instrument.

Deeds executed outside Michigan may be acknowledged in accordance with the laws of the state where executed, before an authorized official (MCL 565.8).

Michigan requires that the marital status of the grantor or other executing party be stated in the deed (MCL 565.221). Formatting and drafting requirements are outlined in MCL 565.201.

Ownership and Legal Capacity

Any person of lawful age may convey real property in Michigan. Aliens may acquire, hold, and convey land in the same manner as citizens (MCL 554.135). Married persons may join in conveyances, and specific statutory provisions address how conveyances are treated when one spouse resides outside Michigan (MCL 565.13).

A conveyance is not void simply because the land is in the actual possession of another person claiming adversely at the time of execution (MCL 565.7).

Because Michigan law emphasizes proper acknowledgment, inclusion of marital status, and prompt county recording to preserve priority, careful compliance with statutory formalities is essential to ensure that a conveyance is legally effective and protected against later claims.