Michigan Compiled Laws

Mich. Comp. Laws § 554.45 (2026)

Land conveyance; exceptions to preceding section.

✓ current as of July 2026

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Revised Statutes of 1846

R.S. of 1846

554.45 Land conveyance; exceptions to preceding section.

Sec. 45.

The preceding section shall not apply to mortgages, nor to devises or grants made in trust, or made to executors, or to husband and wife.

History: R.S. 1846, Ch. 62 ;-- CL 1857, 2629 ;-- CL 1871, 4112 ;-- How. 5561 ;-- CL 1897, 8827 ;-- CL 1915, 11563 ;-- CL 1929, 12965 ;-- CL 1948, 554.45

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 2004–2023 · leading case: In Re VanConett Est., 687 N.W.2d 167 (Mich. Ct. App. 2004).

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In Re VanConett Est., 687 N.W.2d 167 (Mich. Ct. App. 2004). · cites it 3× “44; MCL 554.45, but this presumption may be overcome by explicit language in the deed.”

Thomas v. Dutkavich, 803 N.W.2d 352 (Mich. Ct. App. 2010). “44 and MCL 554.45. Dower interests are also addressed in MCL 700.”

Zavradinos v. JTRB, INC., 753 N.W.2d 60 (Mich. 2008). · cites it 2× “44; MCL 554.45; see Fullagar v. Stockdale, 138 Mich.”

Rau v. Leidlein, 687 N.W.2d 167 (Mich. Ct. App. 2004). “We do not mean to infer by our statement, which is specific to the facts of this case, that a joint tenancy cannot be created between a married couple holding property as tenants by the entireties and a joint tenant.”

Cindy Schaaf v. Charlene Forbes (Mich. Ct. App. 2019). · cites it 3× “MCL 554.45 provides an exception to this rule, stating that, “[t]he preceding section shall not apply to mortgages, nor to devises or grants made in trust, or made to executors, or to husband and wife.”

Cindy Schaaf v. Charlene Forbes (Mich. Ct. App. 2019). “44, nor the exception to that presumption set forth in MCL 554.45, applies in this matter. I believe that the primary issue before this Court, whether a trust may own and transfer real property as a joint tenant with rights of survivorship, can be very simply resolved by looking…”

Est. of Richard Maine v. Neil Key (Mich. Ct. App. 2022). “We also disagree that Amy’s execution of the 2019 settlement deed completely severed the joint tenancy between all three tenants; instead, we conclude that the 2019 settlement deed only severed the joint tenancy between Key and Richard with regard to Amy’s interest in the…”

In Re Virgil F Hoppert Est. (Mich. Ct. App. 2023). “” MCL 554.45 states, “The preceding -7- section shall not apply to mortgages, nor to devises or grants made in trust, or made to executors, or to husband and wife.”

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