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New Jersey - Middlesex County Gift Deed Form

All Middlesex County specific forms listed below are included in your immediate download:


Middlesex County Gift Deed Form Page 1

Gift Deed Form - Middlesex County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 3/4/2020


Middlesex County Gift Deed Guide Page 1

Gift Deed Guide - Middlesex County

Line by line guide explaining every blank on the form.
Included document last updated 3/13/2020


Middlesex County Completed Example of the Gift Deed Document Page 1

Completed Example of the Gift Deed Document - Middlesex County

Example of a properly completed form for reference.
Included document last updated 3/23/2020


*The Following New Jersey and Middlesex County supplemental forms are included as a courtesy with your order.


County Cover Page

County Cover Page

This cover page is required to be part of any document affecting land title being recorded in Middlesex County, New Jersey. It is part of the recorded instrument and permanent record and should not be detached from the original document.


Gross Income Tax (GIT)

Gross Income Tax (GIT)

The Gross Income Tax form (GIT/REP) must be recorded with a deed when selling/transferring real property in New Jersey. Sellers must use one of the following forms: 1. Nonresident Seller's Tax Declaration 2. Nonresident Seller's Tax Prepayment Receipt 3. Seller's Residency Certification/Exemption 4. Waiver of Seller's Filing Requirement of GIT/REP Forms & Payment 4a. Waiver of Seller's Filing Requirement of GIT/REP Forms & Payment for Corrected Deed with no Consideration Each of these forms comes with its own instruction page. Consult the separate tax declaration information for further details.


Affidavit of Consideration

Affidavit of Consideration

This affidavit must be recorded with all deeds - when entire consideration is not recited anywhere in deed, - when grantor claims total or partial exemption from fee, - for all Class 4 property that includes commercial, industrial, or apartment property, - and for transfers of “new construction.” Buyer's affidavit is required when the entire consideration is in excess of $1,000,000 and for every commercial property transfer.


Notary Certificates

Notary Certificates

The supplemental forms in this section can be used as loose certificates for notarization in the state.


Resident Decedent Forms

Resident Decedent Forms

The NJ Estate Tax is in addition to the NJ Inheritance Tax. A tax is imposed upon the estate of every resident decedent having a date of death after December 31, 2001. A New Jersey estate tax return must be filed if the decedent’s Gross Estate exceeds $675,000. Form L-9 is an affidavit executed by the executor, administrator or joint tenant requesting the issuance of a tax waiver for real property located in New Jersey which was held by a resident decedent. Do not file the affidavit with the county clerk, but send to NJ Division of Taxation, Inheritance and Estate Tax.


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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 the state or local jurisdiction. 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?
    • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
  • What type of files are the forms?
    • All of our 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 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 a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
  • Are these forms guaranteed to be recordable in Middlesex County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Middlesex 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:

  • Middlesex County

Including:

  • Avenel
  • Carteret
  • Colonia
  • Cranbury
  • Dayton
  • Dunellen
  • East Brunswick
  • Edison
  • Fords
  • Helmetta
  • Highland Park
  • Iselin
  • Keasbey
  • Kendall Park
  • Metuchen
  • Middlesex
  • Milltown
  • Monmouth Junction
  • Monroe Township
  • New Brunswick
  • North Brunswick
  • Old Bridge
  • Parlin
  • Perth Amboy
  • Piscataway
  • Plainsboro
  • Port Reading
  • Sayreville
  • Sewaren
  • South Amboy
  • South Plainfield
  • South River
  • Spotswood
  • Woodbridge

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What is the New Jersey Gift Deed?

Gifts of Real Property (Real Estate) in New Jersey

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 New Jersey 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 unmarried persons is presumed to create a tenancy in common, unless otherwise stated in the conveyance (N.J.S.A. 46:3-17). In the case of a married couple, a tenancy by entirety is presumed unless stated otherwise (N.J.S.A 46:3-17.2).

As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property. Deeds in New Jersey must also contain a tax map reference (N.J.S.A. 46:15-1.1). Record the completed deed at the local County Clerk's office.

All Gift Deeds in New Jersey are exempt from the realty transfer fee pursuant to N.J.S.A. 46:15-10(6)(a), and an affidavit stating the basis for this exemption must be attached to the deed. Consult a tax specialist with any 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 New Jersey 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 New Jersey, there is no state gift tax. For questions regarding state taxation laws, 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

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Save Time and Money

Get your Middlesex 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.

Our Promise

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

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