Michigan Affidavit of Marital Status of Single Person Listed on a Deed

State:
Multi-State
Control #:
US-OG-182
Format:
Word; 
Rich Text
Instant download

Description

An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public). This form is used to declare the marital status of a single person. Reference is made to the recorded deed involved.

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FAQ

Real estate is marital property if it was purchased or paid for during your marriage. It doesn't matter whose name is on the deed.

Documents executed in Michigan which convey or encumber real estate require a notary's acknowledgment. Documents must be on 8.5" x 11" or 8.5" x 14" paper and must have a 2.5" top margin for the first page, and a minimum 0.5" margin on the other three sides of all pages.

To ensure that homes are properly transferred from one party to another in a sale, the title company will always ask for the marital status of all parties. For home buyers, both spouses are typically listed on the deed even if only one person's name appears on the mortgage.

In Michigan, spouses have the option of owning property by the entirety, which functions like a joint tenancy in that the surviving spouse will immediately take ownership of the property on the death of the other spouse. Michigan recognizes joint tenancy with right of survivorship as a common form of joint ownership.

Sometimes people think if only one spouse's 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 doesn't matter whose name is on the deed.

Michigan law requires deeds recorded before April 6, 2017, to identify the marital status of any male grantors. The marital-status requirement no longer applies to newly recorded deeds. Identification of deed preparer. A deed must identify by name and address the person responsible for drafting the deed.

Documents must have all original signatures and the names must be printed, stamped, or typed beneath the signatures. Documents executed in Michigan which convey or encumber real estate require a notary's acknowledgment.

Affidavit must be filed by the new owner with the assessor for the city or township where the property is located within 45 days of the transfer. The information on this form is NOT CONFIDENTIAL.

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Michigan Affidavit of Marital Status of Single Person Listed on a Deed