Defiance County Gift Deed Form

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

Defiance County Quit Claim Deed Guide
Line by line guide explaining every blank on the form.

Defiance 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 Ohio and Defiance County documents included at no extra charge:
Where to Record Your Documents
Defiance County Recorder
Defiance, Ohio 43512
Hours: 8:30am to 4:30pm M-F
Phone: 419-782-4741
Recording Tips for Defiance County:
- Ensure all signatures are in blue or black ink
- White-out or correction fluid may cause rejection
- Recorded documents become public record - avoid including SSNs
Cities and Jurisdictions in Defiance County
Properties in any of these areas use Defiance County forms:
- Defiance
- Evansport
- Farmer
- Hicksville
- Jewell
- Mark Center
- Ney
- Sherwood
Hours, fees, requirements, and more for Defiance County
How do I get my forms?
Forms are available for immediate download after payment. The Defiance 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 Defiance County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Defiance 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 Defiance 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 Defiance County?
Recording fees in Defiance County vary. Contact the recorder's office at 419-782-4741 for current fees.
Questions answered? Let's get started!
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].
(Ohio Gift Deed Package includes form, guidelines, and completed example) 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
Important: Your property must be located in Defiance County to use these forms. Documents should be recorded at the office below.
This Gift Deed meets all recording requirements specific to Defiance County.
Our Promise
The documents you receive here will meet, or exceed, the Defiance 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 Defiance 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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August 22nd, 2021
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November 3rd, 2021
I found this site when looking for help filing a quitclaim deed to change my property deed to my married name. I received the correct forms, an example filled out, and a guide specific to my state. I have already submitted it for review to my county assessor's office (they were extremely helpful also) and it looks as if it should sail through. Thank you Deeds.com!
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