| My Account |  |
Gift Deed Form - Hamilton County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 5/8/2020
Gift Deed Guide - Hamilton County
Line by line guide explaining every blank on the form.
Included document last updated 5/12/2020
Completed Example of the Gift Deed Document - Hamilton County
Example of a properly completed form for reference.
Included document last updated 5/28/2020
*The Following Ohio and Hamilton 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 Hamilton 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 Hamilton 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 (1446 Reviews) May 29th, 2020
Name: Lester A.
Review: Couldnt have been easier. Docs recorded the next day!
Reply from Staff on May 29th, 2020
Thanks Lester, glad we could help.
May 29th, 2020
Name: Debra M.
Review: Since the recorder's office is closed, due to Covid, this worked well to submit my Quit Claim Deed. I was a bit confused with the direction and download. But, I think I got her done! We'll see if I get recorded and confirmation is received. I may be back
Reply from Staff on May 29th, 2020
Thank you for your feedback. We really appreciate it. Have a great day!
May 29th, 2020
Name: Danna F.
Review: VERY INFORMATIVE
Reply from Staff on May 29th, 2020
Thank you!
May 28th, 2020
Name: Stephanie B.
Review: Really great, relevant and straight forward forms. Deeds.com is excellent and helps you avoid costly errors on documents.
Reply from Staff on May 29th, 2020
Thank you for your feedback. We really appreciate it. Have a great day!
May 28th, 2020
Name: Hinz H.
Review: Prompt accurate service
Reply from Staff on May 28th, 2020
Thank you!
May 28th, 2020
Name: Jeff C.
Review: Had the paperwork that I needed. Was a quick and easy transaction.
Reply from Staff on May 28th, 2020
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
May 27th, 2020
Name: Lisa H.
Review: I needed a copy of a deed for a client and wanted to be sure I had the most recent one. I used Deeds.com and had it along with detailed property information within minutes at a very reasonable price. I am very pleased.
Reply from Staff on May 27th, 2020
Thank you!
May 27th, 2020
Name: Giustino C.
Review: I am pleased with this electronic service in making a time sensitive deed transfer since very few options exist currently with the Covid 19 Crisis. This was the only rapid and available option to record the deed transfer and the fee was reasonable. I was able to upload my notarized and executed document and had a record number as well as the official document within 24 hours. It was simple and easy to use. Thank you deeds.com!!
Reply from Staff on May 27th, 2020
Thank you Giustino, glad we could help.
May 27th, 2020
Name: Fabio S.
Review: Fast, Easy and with great assistance! I will definitely use their services again!
Reply from Staff on May 27th, 2020
Thank you for your feedback. We really appreciate it. Have a great day!
May 27th, 2020
Name: Jon I.
Review: I liked the information I download. Just what I was looking for.
Reply from Staff on May 27th, 2020
We appreciate your business and value your feedback. Thank you. Have a wonderful day!