Ohio - Hamilton County Gift Deed Form

Name: Gift Deed
Brand: Deeds.com
Rating: 4.7 (910 reviews)

All Hamilton County specific forms listed below are included in your immediate download:

Gift Deed Form - Hamilton County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 10/21/2019

Gift Deed Guide - Hamilton County

Line by line guide explaining every blank on the form.
Included document last updated 10/16/2019

Hamilton County Completed Example of the Gift Deed Document Page 1

Completed Example of the Gift Deed Document - Hamilton County

Example of a properly completed form for reference.
Included document last updated 10/10/2019

*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.

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Frequently Asked Questions:

How long does it take to get my forms?
- Forms are available immediately after submitting payment.
What are supplemental forms?
- Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
How do I get my forms, are they emailed?
- After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
What type of files are the forms?
- All of our forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Can the forms be re-used?
- Yes. You can re-use the forms for your personal use. For example, if you have more than one property in a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
Are these forms guaranteed to be recordable in Hamilton County ?
- Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Hamilton County including margin requirements, content requirements, font and font size requirements.
Do I have to enter all of my property information online?
- No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
- Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Do I need any special software to use these forms?
- You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Are there any recurring fees involved?
- No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Gift Deed Forms:

Hamilton County

Including:

Addyston
Camp Dennison
Cincinnati
Cleves
Harrison
Hooven
Miamitown
Mount Saint Joseph
North Bend
Terrace Park

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What is the Ohio Gift Deed?

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

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Save Time and Money

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.

Guaranteed

We guarantee that you will receive access to the forms that you order and that those forms will be compliant with the recording requirements for the jurisdiction the forms were purchased for and the statutory requirements for content of the document.

Customer Reviews:

4.7 out of 5 (910 Reviews)

October 22nd, 2019

Name: Dana Y.

Review: Purchased and used the quitclaim form. I have no complaints with any aspect. The forms, instructions, and example all came together to make the process very easy.