Eddy County Gift Deed Form

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

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

Eddy 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
Immediate Download • Secure Checkout
Additional New Mexico and Eddy County documents included at no extra charge:
Where to Record Your Documents
Eddy County Clerk
Carlsbad, New Mexico 88220
Hours: 8:00 to 5:00 Mon-Fri
Phone: 575-885-3383
Artesia Sub Office
Artesia, New Mexico 88210
Hours: Mon, Tue, Thu, Fri 8:00 to 12:00; Wed 1:00 to 5:00
Phone: 575-746-2541
Recording Tips for Eddy County:
- Documents must be on 8.5 x 11 inch white paper
- Verify all names are spelled correctly before recording
- Make copies of your documents before recording - keep originals safe
- Avoid the last business day of the month when possible
- Have the property address and parcel number ready
Cities and Jurisdictions in Eddy County
Properties in any of these areas use Eddy County forms:
- Artesia
- Carlsbad
- Hope
- Lakewood
- Loco Hills
- Loving
- Malaga
- Whites City
Hours, fees, requirements, and more for Eddy County
How do I get my forms?
Forms are available for immediate download after payment. The Eddy 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 Eddy County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Eddy 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 Eddy 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 Eddy County?
Recording fees in Eddy County vary. Contact the recorder's office at 575-885-3383 for current fees.
Questions answered? Let's get started!
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 Eddy County to use these forms. Documents should be recorded at the office below.
This Gift Deed meets all recording requirements specific to Eddy County.
Our Promise
The documents you receive here will meet, or exceed, the Eddy 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 Eddy 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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November 1st, 2019
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Theresa T.
October 31st, 2020
Great source easy to use.
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Cleatous S.
December 9th, 2020
The deed form is hard to fill in. There is no way to fill in the county in the "reviewed by" section. Also, there is no place for the Grantee's address on the form. I had to include it in the fill-in space for the legal description.
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George R.
September 29th, 2021
Your website worked but I am waiting for answers for two questions.
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March 8th, 2019
Excellent so far. Quick response!
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January 10th, 2022
We had a one-time-only recording to make in the District of Columbia. We could not have e-filed the document without the assistance Deeds.com! The service they provided was wonderful.
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RAMONA F.
July 29th, 2020
Good communication but they were unable to help me
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Mark E.
April 25th, 2024
This was easy to use and only contained one glaring error-where to send the completed form to finish the process. I’ve completed the form, does this mean I get the amended deed sent to me? I think not.
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August 11th, 2022
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December 18th, 2020
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June 3rd, 2019
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January 16th, 2019
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November 1st, 2019
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December 27th, 2019
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November 5th, 2019
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