Quitclaim Deed After Divorce in Michigan

When your Michigan divorce decree awards the marital home to one spouse, the other must execute a quitclaim deed to formally transfer their ownership interest. The decree alone doesn't change who's on the title — you need a recorded deed at the county Register of Deeds to make it official.

The good news: divorce-related property transfers in Michigan are exempt from both state and county real estate transfer taxes, potentially saving thousands of dollars. But you must follow specific formatting rules and include the right statutory language on the deed.

Recording Requirements

Michigan Register of Deeds offices enforce strict formatting standards. Your quitclaim deed must meet these specifications to be accepted for recording:

• Top margin: At least 2.5 inches on the first page (for the recording stamp)
• Side and bottom margins: At least 0.5 inches on all remaining pages
• Legibility: Clear, dark print on white paper
• Signatures: Original signatures from the grantor (the departing spouse), with names typed or printed beneath each signature
• Notarization: A notary acknowledgment with no discrepancies between the name in the deed body and the notary block
• Return address: A "prepared by" and "return to" address in the top margin area

Recording Fee

Michigan charges a flat recording fee of $30 per document regardless of page count. This is uniform across all 83 counties.

For a standard quitclaim deed (without covenants of warranty), you do NOT need a County Treasurer tax certificate. That $5 certificate is only required for Warranty Deeds and Land Contracts under MCL 211.135. A basic quitclaim goes directly to the Register of Deeds for the $30 recording fee.

Transfer Tax Exemptions

Michigan imposes two real estate transfer taxes on property conveyances:

• State Real Estate Transfer Tax: $7.50 per $1,000 of value (MCL 207.526)
• County Transfer Tax: $1.10 per $1,000 of value (MCL 207.505)
• Combined rate: $8.60 per $1,000

On a $200,000 home, that's $1,720 in transfer taxes — but divorce transfers are fully exempt.

Under MCL 207.526(l) (state) and MCL 207.505(a) (county), transfers made pursuant to a Judgment of Divorce are exempt from both taxes, provided no specific monetary consideration appears on the deed.

Required language on the face of the deed:

"This conveyance is exempt from County Real Estate Transfer Tax pursuant to MCL 207.505(a) and exempt from State Real Estate Transfer Tax pursuant to MCL 207.526(a) and (l), as it is made pursuant to a Judgment of Divorce and no monetary consideration was exchanged."

If the deed lists a cash-out payment as consideration, you lose the exemption and owe the full transfer tax amount.

Taxable Value Uncapping Protection

Under Michigan's Proposal A property tax laws, a transfer of ownership normally "uncaps" the property's taxable value — adjusting it to match the State Equalized Value (SEV) and potentially triggering a large property tax increase.

Divorce transfers are protected. Under MCL 211.27a(7)(h), transfers pursuant to a Judgment of Divorce do not uncap the taxable value. The acquiring spouse keeps the existing property tax cap. But if the acquiring spouse later claims or changes their Principal Residence Exemption status, they'll need to file the appropriate affidavit with the local assessor.

Step-by-Step Filing Process

1. Draft the quitclaim deed with the correct legal description of the property (copy this exactly from your current deed or title insurance policy — even small errors can create title problems)
2. Include the transfer tax exemption language on the face of the deed
3. Have the grantor sign before a notary public
4. Bring to the Register of Deeds in the county where the property is located
5. Pay the $30 recording fee (check, cash, or money order — policies vary by county)
6. Receive the recorded deed back by mail or pick it up after processing

Common Mistakes

Listing a dollar amount on the deed. Even writing "$1.00" as nominal consideration can jeopardize your transfer tax exemption. Leave the consideration line blank or write "made pursuant to a Judgment of Divorce."

Filing the full Judgment of Divorce instead of a quitclaim deed. Some people record the entire divorce decree at the Register of Deeds. This exposes private custody, financial, and support information to the public record. Use a clean, separate quitclaim deed.

Incorrect legal description. The property description must match exactly what's on the existing deed. A discrepancy (even a transposed number in a lot description) creates a title cloud that requires a corrective deed to fix.

The Michigan After-Divorce Checklist includes the complete real property transfer workflow with the exact statutory exemption language, formatting requirements by county, and a property transfer tracking worksheet.

See more Michigan guides →