De Baca County Gift Deed Form

De Baca County Gift Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.

De Baca County Gift Deed Guide
Line by line guide explaining every blank on the form.

De Baca County Completed Example of the Gift Deed Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Additional New Mexico and De Baca County documents included at no extra charge:
Where to Record Your Documents
De Baca County Clerk
Address:
248 East Ave C / PO Box 347
Fort Sumner, New Mexico 88119
Hours: 8:00am to 12:00 & 1:00 to 4:30pm M-F
Phone: (575) 355-2601
Recording Tips for De Baca County:
- Ensure all signatures are in blue or black ink
- Ask if they accept credit cards - many offices are cash/check only
- Documents must be on 8.5 x 11 inch white paper
- Recorded documents become public record - avoid including SSNs
Cities and Jurisdictions in De Baca County
Properties in any of these areas use De Baca County forms:
- Fort Sumner
- Taiban
- Yeso
How do I get my forms?
Forms are available for immediate download after payment. The De Baca County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in De Baca County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by De Baca County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in De Baca County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in De Baca County?
Recording fees in De Baca County vary. Contact the recorder's office at (575) 355-2601 for current fees.
Have other questions? Contact our support team
Gifts of Real Property in New Mexico
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 includes 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 Mexico residential property, the primary methods for holding title are tenancy in common, joint tenancy, and community property. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common, unless a joint tenancy is expressly created in the conveyance. Typically, property conveyed to spouses vests as community property. Real estate acquired by either spouse by gift, however, vests as separate property, and does not automatically vest as community property (NMSA 40-3-8).
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. Unless exempt from filing a Real Property Transfer Affidavit, file the form with the assessor's office within 30 days of recording the deed. A list of exemptions can be found in NMSA 7-38-12.1(D). Record the completed deed at the local County Clerk's office.
The IRS implements 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 Mexico 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 Mexico, 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
(New Mexico Gift Deed Package includes form, guidelines, and completed example)
Important: Your property must be located in De Baca County to use these forms. Documents should be recorded at the office below.
This Gift Deed meets all recording requirements specific to De Baca County.
Our Promise
The documents you receive here will meet, or exceed, the De Baca 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 De Baca 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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February 16th, 2019
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August 4th, 2020
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September 19th, 2020
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May 20th, 2022
Deeds.com made my experience recording a Deed in Weld County, CO so easy! The representative went above and beyond by assisting me with the preparation of a high-quality digital document for recording. Highly Recommend!
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Byron M.
June 17th, 2021
Very easy to sign up. Very quick to respond for payment once uploaded. Great communication. More expensive than other recording services.
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Michaela D.
February 27th, 2019
I purchased this form to add my boyfriend to the deed of our home. He owns his own business so he cannot be on our mortgage. The guide doesn't clearly explain adding a person rather than focusing on transferring during a purchase or selling of a home. For future, I'd recommend make a few different examples for those who are trying to use this for the other options a Quit Claim Deed is needed for.
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Stephen K.
April 1st, 2023
this 5-star rating is well-deserved.
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Susan A.
April 18th, 2019
Very convenient. Instructions and samples are a plus because I often see documents incorrectly completed. Take the time to do it right.
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Jonathan F.
September 4th, 2020
An excellent service. Makes filing deeds so much easier than having to go to the courthouse or use FedEx. I will be a customer for the rest of my legal career.
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November 3rd, 2021
Excellent Website.
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November 6th, 2020
This was very easy to use to record my NOC. With the new COVID restrictions, I can't record my NOC in person and I'm working from home. This was a huge convenience and easy to use. I submitted the NOC late in the day and had the recorded NOC the next day.
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November 29th, 2019
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June 15th, 2021
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