Deeds.com Real Estate Deeds
Deeds.com Account
Sign In

Louisiana Gift Deed

Louisiana Gift Deed Information

Gifts of Real Property in Louisiana

Gift deeds convey title to real property from one party to another with no exchange of consideration, monetary or otherwise. Often used to transfer property between family members or to gift realty as a charitable act or donation, these conveyances occur during the grantor's lifetime. Gift deeds must contain language that explicitly states that no consideration is expected or required. Ambiguous language, or references to any type of consideration, can make the gift deed contestable in court.

A lawful gift deed includes the grantor's full name and marital status, as well as the grantee's full name, marital status, vesting information, and mailing address. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or co-ownership. For Louisiana residential property, "ownership of the same thing by two or more persons is ownership in indivision. In the absence of other provisions of law or judicial act, the shares of all co-owners are presumed to be equal" (La. Civ. Code 797). Community property is defined as property obtained by one or both spouses during their marriage (La. Civ. Code 2338). With community property, "each spouse owns a present undivided one-half interest" (La. Civ. Code 2336). For conveyances of real property to co-owners, consult any extant co-ownership agreement. If conveying to multiple persons without an existing agreement, contact an attorney to discuss titling options.

As with any conveyance of realty, a gift deed requires a complete legal description of the subject parcel. If the conveyance includes any new plat or survey information, it must be signed and sealed by a licensed professional land surveyor (La. Rev. Stat. 44:41). Recite the prior deed reference to maintain a clear chain of title, and detail any restrictions associated with the property.

The deed must be signed by the grantor and acknowledged by an authorized individual. In Louisiana, two witness signatures, not including the notary, are also required for an authentic act (La. Civ. Code 1833). All signatures must be original. Some parishes require that additional documents be submitted with the instrument for recording. Check cover sheet requirements with the relevant clerk of court prior to submitting the deed for recording.

Record the completed gift deed with the clerk of court's office in the parish where the subject property is located. Contact the same office to confirm recording fees and accepted forms of payment.

With gifts of real property, the recipient of the gift (grantee or donee) is not required to declare the amount of the gift as income, but if the property accrues income after the transaction, the grantee is responsible for paying the requisite state and federal income taxes [1].

In Louisiana, there is no state gift tax, but gifts of real property are subject to the federal gift tax. The person or entity making the gift (grantor or donor) is responsible for paying the federal gift tax; however, if the donor does not pay the gift tax, the donee (grantee) will be held liable [1]. For questions regarding state and federal tax laws, consult a tax specialist.

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). However, if the gift's value could possibly be disputed by the IRS, a donor may benefit from filing a Form 709 [2].

This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a Louisiana lawyer with any questions about gift deeds or other matters related to real property.

[1] http://msuextension.org/publications/FamilyFinancialManagement/MT199105HR.pdf
[2] https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-gift-taxes

Deeds.com Louisiana Gift Deed Forms Have Been Updated as Recently as Friday November 25, 2022

4.8 out of 5 (3807 Reviews)

What others like you are saying:


Ron M. said: The download of forms, etc. was easy and the guides that were provided were good, but more information would have been nice as to where to find tax map #, parcel #, and district mentioned in Exemptions from Property Transfer Fees (and Declaration of Consideration or Value. In general, I was quite pleased with your product.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Terry C. said: It is a difficult challenge -- trying to take the needless jargon out of legal transactions so ordinary citizens can manage their affairs. Deeds.com hasn't solved all the problems, but has made a super effort to help us achieve self-sufficiency.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Margo M. said: So far help has been good given some of the information you don't have as far as making corrections. This is my first time using your service so maybe I will be better at utilizing it if I have to again.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Shantu S. said: Easy to follow directions and complete the Deed.

Reply from Staff: Thank you!


George W. said: Phenomenal service! If only every request and transaction with other companies could be this seamless and efficient!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Kimberly H. said: Very convenient, easy to use, and fast! I highly recommend Deeds.com!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Deeds.com Real Estate Deeds

Use of Deeds.com Legal Forms. On our Site we make available for use self-help "fill in the blank" forms. If you use a form on our Site, you explicitly agree to our Terms of Use. You understand and agree that your purchase and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs, not guaranteed or warranted to be current, up to date, or accurate.

NO WARRANTY. Do It Yourself Legal Forms available on our Website are not guaranteed to be usable, correct, up to date, or fit for any legal purpose. Use of any Do It Yourself Legal Form from our website is done so AT YOUR OWN RISK.

If you use any Do It Yourself Legal Form available on Deeds.com, you agree that: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LEGAL FORMS OR FOR ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE DEEDS.COM WEBSITE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00.

Nothing on this website should be considered a substitute for the advice of an attorney.

© DEEDS.COM INC. 1997 - 2022 ALL RIGHTS RESERVED | (330) 606-0119 | P.O. Box 5264, Fairlawn, OH 44334