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One good reason to add a spouse to the deed of your home is for estate planning purposes, which may allow the property to transfer to your spouse outside the probate process, depending on the transfer language utilized in the granting clause. Another reason is for creditor purposes.
There are four common ways to hold title to real estate in Michigan: Tenants in Common. Tenants by the Entirety. Joint Tenants. Joint Tenants with Full Rights of Survivorship.
It is generally not included in the estate of a decedent. Examples of jointly owned personal property are if you and another person are both listed on the title of a car or if you have a joint bank account. If the other person dies, you automatically have full ownership of that property.
Sometimes people think if only one spouses name is on a property deed, the other spouse does not own the property or have any right to it. This is not true. Real estate is marital property if it was purchased or paid for during your marriage. It doesnt matter whose name is on the deed.
The Name on the Deed It doesnt matter whose name is on the deed. It also doesnt matter if only one spouses name is on the mortgage. The mortgage only shows who is legally responsible for paying the loan.
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Joint ownership of property is simply a case in which two or more people own the same piece of property. Co-owners do not have to be people. They might be other kinds of legal entities, e.g. partnerships or corporations. There are a number of ways in which two or more people can own property together.
If your spouses name is on the deed, that automatically means that your spouse also holds title (has a legal claim to ownership) to the property. This means you will need your spouses signature to sell the home. If your spouses name is not on the deed, your spouse still may hold title through other means.
When title to a parcel of real estate is held by two or more individuals, those parties are called co-owners or concurrent owners. In some states, if co-owners are married or in a recognized civil union, they may co-own property as tenants by the entirety or community property.
Spouses typically acquire title as tenants by the entireties, which only applies to spouses. Sometimes you will see a couple who acquired the property before marriage. In some states, a pre-marital joint tenancy automatically becomes tenants by the entireties upon marriage.
In Michigan, joint owners of property may file a lawsuit to partition the property. A partition lawsuit forces the court to divide the property, or sell the property and divide the sale proceeds between owners. Any joint tenant or tenant in common may sue for partition of the property.

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