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Gift Deed Form - Cuyahoga County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 9/14/2020
Gift Deed Guide - Cuyahoga County
Line by line guide explaining every blank on the form.
Included document last updated 8/17/2020
Completed Example of the Gift Deed Document - Cuyahoga County
Example of a properly completed form for reference.
Included document last updated 9/24/2020
*The Following Ohio and Cuyahoga County supplemental forms are included as a courtesy with your order.
Real Property Conveyance Fee Statement of Value and Receipt
Use this Ohio form if the real property conveyance is not exempt from transfer tax. Digitized form is complete and comes with instructions. Use the homestead and agricultural use forms as attachment to the main form if needed.
Statement for Reason of Exemption From Real Property Conveyance Fee
Use this form if the real property conveyance is exempt from transfer tax in Ohio. The form comes complete with instructions and lists the exemptions. Use homestead and agricultural use forms as attachment to the main form if needed.
Affidavit of Facts
In most counties an Affidavit of Facts is required if a transfer tax exemption is claimed.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by Ohio notaries.
Including:
Gifts of Real Property in Ohio
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 property 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, marital status, and mailing address, as well as the grantee's full name, marital status, mailing address, and vesting. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or in co-ownership. For Ohio residential property, the primary methods for holding title are tenancy in common and survivorship tenancy. An estate conveyed to two or more people is considered a tenancy in common, unless a survivorship tenancy is declared (Ohio Rev. Code Section 5302.20(a)).
As with any conveyance of realty, a gift deed requires a complete legal description of the parcel. Contact the county auditor to verify the legal description prior to recording. In Ohio, any deeds that modify a legal description or contain a new legal description require the name and address of the surveyor who created the legal description (Ohio Rev. Code Section 5301.25(B)). All new metes and bounds descriptions prepared by a registered surveyor must be accompanied by a signed and sealed plat of survey.
Ohio law requires deeds to include a reference to the instrument granting title to the current grantor (Ohio Rev. Code Section 5301.011). That document's volume and page or instrument number should appear on the face of the deed, as well as the county where the document is filed.
Ohio recognizes dower rights, which means that if a married man or woman owns an interest in real property, his or her spouse automatically holds an interest in 1/3 of the real property, if they have not relinquished or been barred from it (Ohio Rev. Code Section 2103.02). As such, if the grantor is married and his or her spouse retains dower rights to the property being conveyed, the spouse must relinquish his or her dower rights. If applicable, the spouse's name should appear on the face of the deed. Consult a lawyer with questions regarding dower rights and release.
Detail any restrictions associated with the property and sign the deed in the presence of a notary public or other authorized official. Submit the deed to the appropriate county auditor's office prior to recording so that the owner's name can be transferred on the county's tax list (Ohio Rev. Code Section 319.20). Record the deed at the recorder's office in the county where the property is located for a valid transfer. Contact the same office to confirm accepted forms of payment. A Conveyance Fee Statement (Form DTE 100, or DTE 100EX if claiming an exemption) must be signed by the grantee and filed with the deed.
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 tax [1].
In Ohio, 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 legal advice. Contact an Ohio lawyer with any questions related to the transfer of 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
Get your Cuyahoga 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.
The documents you receive here will meet, or exceed, the Cuyahoga County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
4.8 out of 5 (1886 Reviews) September 24th, 2020
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Review: Love the names on the example! thanks for the smiles!
Reply from Staff on September 24th, 2020
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September 24th, 2020
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Review: Was very easy to use and i would recommend it
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September 23rd, 2020
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Review: Fantastic efiling service! The transaction went very smoothly. Thanks!
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September 23rd, 2020
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Review: My experience could not have been better. Easy to communicate with, even though I'm largely ignorant of technical problem-solving. I may be addle-minded with 83 years on earth, but I think they actually cared about solving my problem and were sorry it was beyond their territory. Truly extra nice.
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September 23rd, 2020
Name: Elizabeth C.
Review: Very happy, thank you!
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September 23rd, 2020
Name: Amy C.
Review: Easy enough to use the forms. Will probably get them reviewed before recording just to be sure.
Reply from Staff on September 23rd, 2020
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September 23rd, 2020
Name: Philippe B.
Review: I purchased a Quit Claim Deed package a couple weeks ago. The included guide unfortunately didn't answer all the questions about my specific case of how to fill it out, so I sent them a couple questions on Sept 8. It's now the 23rd, and still no reply. The form is a useless waste of money if I don't know how to fill it out in a legally-accurate way.
Reply from Staff on September 23rd, 2020
We certainly do not want you to waste your money Philippe, to that end your order and payment has been canceled. We do hope that you seek the advice of a legal professional familiar with your specific situation. It should go without saying but just to be clear, our do it yourself forms do not include legal representation for $19. Have a wonderful day.
September 22nd, 2020
Name: Kimberly B.
Review: Absolutely recommend Deeds.com! The process to recording your document is explained step by step. If you have any questions, you just send a message and almost instantly a staff member will reply. Super quick processing. I uploaded my document late Friday afternoon, it was reviewed by Deeds.com staff and sent to the county for recording on Monday. By Tuesday, my document was successfully recorded by the County Recorder's Office and a copy of my recorded document was available for me, as well!
Reply from Staff on September 22nd, 2020
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September 22nd, 2020
Name: Scott R.
Review: Thanks that was great.
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September 22nd, 2020
Name: victoria r.
Review: Easiest and most efficient process awesome online communication
Reply from Staff on September 22nd, 2020
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