Barnstable County Gift Deed Forms (Massachusetts)

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Form Package

Gift Deed

State

Massachusetts

Area

Barnstable County

Price

$27.97

Delivery

Immediate Download

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More info on getting a copy of your existing deed and eRecording.

Included Forms

All Barnstable County specific forms and documents listed below are included in your immediate download package:

Gift Deed Form

Gift Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 2/23/2024

Gift Deed Guide

Gift Deed Guide

Line by line guide explaining every blank on the form.
Included document last reviewed/updated 12/26/2023

Completed Example of the Gift Deed Document

Completed Example of the Gift Deed Document

Example of a properly completed form for reference.
Included document last reviewed/updated 4/8/2024

Frequently Asked Questions:

How long does it take to get my forms?

Forms are available immediately after submitting payment.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Massachusetts or Barnstable County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

How do I get my forms, are they emailed?

Forms are NOT emailed to you. Immediately after you submit payment, the Barnstable County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.

What type of files are the forms?

All of our Barnstable County Gift Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Can the Gift Deed forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Barnstable County that you need to transfer you would only need to order our forms once for all of your properties in Barnstable County.

Are these forms guaranteed to be recordable in Barnstable County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Barnstable County including margin requirements, content requirements, font and font size requirements.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

Areas Covered by These Gift Deed Forms:

  • Barnstable County

Including:

  • Barnstable
  • Brewster
  • Buzzards Bay
  • Cataumet
  • Centerville
  • Chatham
  • Cotuit
  • Cummaquid
  • Dennis
  • Dennis Port
  • East Dennis
  • East Falmouth
  • East Orleans
  • East Sandwich
  • Eastham
  • Falmouth
  • Forestdale
  • Harwich
  • Harwich Port
  • Hyannis
  • Hyannis Port
  • Marstons Mills
  • Mashpee
  • Monument Beach
  • North Chatham
  • North Eastham
  • North Falmouth
  • North Truro
  • Orleans
  • Osterville
  • Pocasset
  • Provincetown
  • Sagamore
  • Sagamore Beach
  • Sandwich
  • Silver Beach
  • South Chatham
  • South Dennis
  • South Harwich
  • South Orleans
  • South Wellfleet
  • South Yarmouth
  • Truro
  • Wellfleet
  • West Barnstable
  • West Chatham
  • West Dennis
  • West Falmouth
  • West Harwich
  • West Hyannisport
  • West Yarmouth
  • Woods Hole
  • Yarmouth Port

What is the Massachusetts Gift Deed

Gifts of Real Property in Massachusetts

A gift deed, or deed of gift, is a legal document voluntarily transferring title to real property from one party (the grantor or donor) to another (the grantee or donee). A gift deed typically transfers real property between family or close friends. Gift deeds are also used to donate to a non-profit organization or charity. The deed serves as proof that the transfer is indeed a gift and without consideration (any conditions or form of compensation).

Valid deeds must meet the following requirements: The grantor must intend to make a present gift of the property, the grantor must deliver the property to the grantee, and the grantee must accept the gift. Gift deeds must contain language that explicitly states no consideration is expected or required, because any ambiguity or reference to consideration can make the deed contestable in court. A promise to transfer ownership in the future is not a gift, and any deed that does not immediately transfer the interest in the property, or meet any of the aforementioned requirements, can be revoked [1].

A lawful gift deed must also include the grantor's full name and marital status, as well as the grantee's full name, marital status, mailing address, and vesting. Vesting describes how the grantee holds title to the property. For Massachusetts residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by entirety. A grant of ownership of real estate to two or more persons, regardless of marital status, is presumed to create a tenancy in common, unless the deed expressly states otherwise (G.L.c. 184, 7).

As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. Include all relevant documents, affidavits, forms, and fees with the along with the deed for recording as well. For questions regarding appropriate forms, contact the local Registry of Deed's Office.

Record the completed deed at the local County Registry of Deed's office. Some counties (Berkshire, Bristol, Essex, Middlesex, Worcester) are split into two or more recording districts, so make sure to record the deed in the correct location. If the deed pertains to registered land, submit the deed, along with required supporting documentation, for recording with the Registry District of the Land Court. Contact the local recording office with questions.

The IRS levies a Federal Gift Tax on any transfer of property from one individual to another with no consideration, or consideration that is less than the full market value. Gifts of real property in Massachusetts are subject to this federal gift tax. 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). Even so, grantors should consider filing one for many gifts of real property [2]. The grantor is responsible for paying the federal gift tax; however, if the grantor does not pay the gift tax, the grantee will be held liable [1].

In Massachusetts, there is no state gift tax. For questions regarding gift taxes, consult a tax specialist.

With gifts of real property, the recipient of the gift (grantee) is not required to declare the amount of the gift as income, but if the property accrues income after the transaction, the recipient is responsible for paying the requisite state and federal income taxes [3].

This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a lawyer with any questions about gift deeds or other issues related to the transfer of real property. For questions regarding federal and state taxation laws, consult a tax specialist.

[1]https://nationalparalegal.edu/public_documents/courseware_asp_files/realProperty/PersonalProperty/InterVivosGifts.asp
[2] http://msuextension.org/publications/FamilyFinancialManagement/MT199105HR.pdf
[3] https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-gift-taxes

(Massachusetts GD Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Barnstable County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Barnstable County Gift Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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