All Delta County specific forms and documents listed below are included in your immediate download package:
The Following Michigan and Delta County supplemental forms are included as a courtesy with your order.
Property Transfer Affidavit - Form 2766 (Michigan Document)
Real Estate Transfer Tax Valuation Affidavit - Form 2705 (Michigan Document)
Transfer Tax Rates & Table (Michigan Document)
County and State Transfer Tax Exemptions (Michigan Document)
Certificate of Trust Form (Michigan Document)
Guidelines for the Michigan Principle Residence Exemption Program (Michigan Document)
Principle Residence Exemption Affidavit (PRE) (Michigan Document)
Conditional Recission of Principle Residence Exemption (PRE) (Michigan Document)
Principal Residence Exemption Affidavit for Similar Exemptions in Other States (Michigan Document)
Batch Cover Sheet (Michigan Document)
Certificate of Acknowledgment - Individual (Michigan Document)
Certificate of Acknowledgment - Representative (Michigan Document)
Jurat (Michigan Document)
Including:
Gifts of Real Property (Real Estate) in Michigan
A gift deed, or deed of gift, is a legal document voluntarily transferring title to real property from one party (the grantor or donor) to another (the grantee or donee). A gift deed typically transfers real property between family or close friends. Gift deeds are also used to donate to a non-profit organization or charity. The deed serves as proof that the transfer is indeed a gift and without consideration (any conditions or form of compensation).
Valid deeds must meet the following requirements: The grantor must intend to make a present gift of the property, the grantor must deliver the property to the grantee, and the grantee must accept the gift. Gift deeds must contain language that explicitly states no consideration is expected or required, because any ambiguity or reference to consideration can make the deed contestable in court. A promise to transfer ownership in the future is not a gift, and any deed that does not immediately transfer the interest in the property, or meet any of the aforementioned requirements, can be revoked [1].
A lawful gift deed must also include the grantor's full name and marital status, as well as the grantee's full name, marital status, mailing address, and vesting. Vesting describes how the grantee holds title to the property. For Michigan residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by entirety. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common, unless otherwise stated in the conveyance. Transfers to a married couple create a tenancy by entirety. (MCL 554.43--45). Gift property acquired by one spouse vests as sole ownership (MCL 557.21).
As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. Include all relevant documents, affidavits, forms, and fees with the along with the deed for recording as well. File a Property Transfer Affidavit whenever real estate is transferred to ensure correct assessment for tax purposes. The new owner must file in the city or township where the property is located within 45 days of transfer (MCL 207.504, 207.525). Record the completed deed at the local County Recorder's office.
The IRS levies a Federal Gift Tax on any transfer of property from one individual to another with no consideration, or consideration that is less than the full market value. Gifts of real property in Michigan are subject to this federal gift tax. In accordance with federal law, individuals are permitted an annual exclusion of $15,000 on gifts. This means that gifts valued below $15,000 do not require a federal gift tax return (Form 709). Even so, grantors should consider filing one for many gifts of real property [2]. The grantor is responsible for paying the federal gift tax; however, if the grantor does not pay the gift tax, the grantee will be held liable [1].
In Michigan, there is no state gift tax. For questions regarding tax laws, consult a tax specialist.
With gifts of real property, the recipient of the gift (grantee) is not required to declare the amount of the gift as income, but if the property accrues income after the transaction, the recipient is responsible for paying the requisite state and federal income taxes [3].
This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a lawyer with any questions about gift deeds or other issues related to the transfer of real property. For questions regarding federal and state taxation laws, consult a tax specialist.
[1]https://nationalparalegal.edu/public_documents/courseware_asp_files/realProperty/PersonalProperty/InterVivosGifts.asp
[2] http://msuextension.org/publications/FamilyFinancialManagement/MT199105HR.pdf
[3] https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-gift-taxes
The documents you receive here will meet, or exceed, the Delta County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Get your Delta County Gift Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
June 8th, 2023
Name: Tim T.
Review: Very easy to find forms and good examples for filling out forms!
Reply from Staff on June 8th, 2023
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June 8th, 2023
Name: Lori B.
Review: Great service. Very easy to follow instructions and examples. I would use again.
Reply from Staff on June 8th, 2023
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June 6th, 2023
Name: Susan J.
Review: I was pleased that I could send the documents this way rather than having to mail it or take time out of my day to go down to the records office.
Reply from Staff on June 6th, 2023
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Name: Jami B.
Review: I was blown away by all the information I received for just $19.00!! I am still reading through it. Great job of explaining everything.
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Name: Connie B.
Review: Needed to remove a deceased person from my mother's title. I live in another state. Deeds.com made it SO EASY to accomplish. I loved the example forms showing me how to fill out the forms that were provided. It went incredibly well at the County offices (all 3 departments!). Definitely will use Deeds.com again!
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Name: Brenda B.
Review: Excellent transaction.
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Name: Silvana M.
Review: This is a great service, I was worried about my NOC and Liens being filed in this terrible time!!! Happy I have this service Deeds.com!!!
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Name: Kari G.
Review: The service was prompt and attentive to my questions. I would've just appreciated a heads up that I also needed to contact the county directly (and provide contact info) to receive a certified copy of the document (Notice of Commencement) in order to submit the certified copy to the Building Department. This was an extra step that I haven't had to complete before using another eRecording service. Even if this extra step is a result of the county's system. I would still have expected a head's up (since there wasn't any info regarding this on the county's site for eRecording).
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Name: April K.
Review: Great service & quick response. Thank U.
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Name: Christine K.
Review: While I was initially disappointed I could not go to the local County to file my paperwork due to Covid-19, I was thrilled to work with Deeds.com. Their staff was INCREDIBLY FAST, super knowledgeable and the whole process happened from my computer in minutes. Very positive experience.
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Name: Larry H.
Review: Wow! So easy and such a cost savings. Thanks
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Name: Jack B.
Review: All worked out well.
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Name: Judy A S.
Review: Great do it yourself forms (I used the Quitclaim deed). If you think you're going to need a lot of hand holding you might consider hiring an attorney. The guide and general information provided by deeds.com will help if you have some idea of what you are doing and you are willing to research a little. Your mileage may vary but for me, this was a very efficient and economical way to get my quitclaim deed done.
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Name: rita t.
Review: Thanks for asking, everything was fine. Forms worked as expected, no problems.
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Name: Ken C.
Review: I did a Beneficiary Deed, package came with all forms and instructions. Recorder accepted first time. Ken C
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