Marion County Gift Deed Form

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

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

Marion 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 Oregon and Marion County documents included at no extra charge:
Where to Record Your Documents
Marion County Clerk
Salem, Oregon 97309
Hours: 8:30 to 5:00 M-F
Phone: (503) 588-5225
Recording Tips for Marion County:
- Bring your driver's license or state-issued photo ID
- Request a receipt showing your recording numbers
- Ask for certified copies if you need them for other transactions
Cities and Jurisdictions in Marion County
Properties in any of these areas use Marion County forms:
- Aumsville
- Aurora
- Detroit
- Donald
- Gates
- Gervais
- Hubbard
- Idanha
- Jefferson
- Keizer
- Mehama
- Mount Angel
- Saint Benedict
- Saint Paul
- Salem
- Scotts Mills
- Silverton
- Stayton
- Sublimity
- Turner
- Woodburn
Hours, fees, requirements, and more for Marion County
How do I get my forms?
Forms are available for immediate download after payment. The Marion 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 Marion County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Marion 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 Marion 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 Marion County?
Recording fees in Marion County vary. Contact the recorder's office at (503) 588-5225 for current fees.
Questions answered? Let's get started!
Gifts of Real Property in Oregon
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. A gift deed 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 Oregon residential property, the primary methods for holding title are tenancy in common, and tenancy by entirety. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common. A conveyance to a married couple creates a tenancy by entirety. Joint tenancy is abolished unless the conveyance is to trustees or personal representatives (ORS 93.180).
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. Gift deeds in Washington County must be accompanied by an Application for Exemption from Washington County Transfer Tax form, which can be found on the Washington County website. Record the completed deed and any associated documentation 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. 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, donors should consider filing one for many gifts of real property [2].
In Oregon, there is no state gift tax. When a transfer is by gift, no tax withholding is required either [3]. For questions regarding state taxation laws, consult a tax specialist. Gifts of real property in Oregon are, however, subject to the federal gift tax. 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].
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
(Oregon GD Package includes form, guidelines, and completed example)
Important: Your property must be located in Marion County to use these forms. Documents should be recorded at the office below.
This Gift Deed meets all recording requirements specific to Marion County.
Our Promise
The documents you receive here will meet, or exceed, the Marion 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 Marion 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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July 10th, 2020
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October 15th, 2019
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Candy A.
June 27th, 2020
Super simple to download all necessary forms. BIG thank you for this service.
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Scott M.
August 8th, 2024
Very straightforward. Only issue was it took a few times for the mineral deed form to show up. The first few times it instead showed a mineral rights transfer between operators.
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Lori W.
December 2nd, 2020
Great resource! Nice to have these forms and information available. No problems at the recorder, in fact it was the recorder that referred me to deeds.com they like their forms so much.
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November 21st, 2019
I was disappointed in the form received. The language was not clear and for the price, one would think we would receive a Word version rather than a PDF.
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July 22nd, 2023
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November 9th, 2020
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January 25th, 2019
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June 14th, 2022
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April 12th, 2020
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January 16th, 2019
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December 27th, 2019
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