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All Roscommon County specific forms and documents listed below are included in your immediate download package:
The Following Michigan and Roscommon 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 Roscommon 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 Roscommon 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.
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Review: I was quoted $525 to do the exact same thing from Deeds.com for only $25. Seems like a no brainer to me!
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Name: LISA R.
Review: I was very pleased to find your website and the range of services you offer. I was recommended to hire an estate attorney, but the forms you provided will eliminate the need for that. Thank you for the help!
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Name: frederic m.
Review: surprisingly good, gave me all the info I needed to prepare a deed and necessary attachments for recording.
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Name: A. S.
Review: First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.
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Name: William W.
Review: No fuss-No muss. Very easy!
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