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
Additional South Carolina and Marion County documents included at no extra charge:
Where to Record Your Documents
Marion County Clerk of Court
Address:
100 West Court St / PO Box 295
Marion, South Carolina 29571
Hours: 8:30 to 5:00 M-F
Phone: (843) 423-8240
Recording Tips for Marion County:
- Make copies of your documents before recording - keep originals safe
- Avoid the last business day of the month when possible
- Both spouses typically need to sign if property is jointly owned
- Bring multiple forms of payment in case one isn't accepted
Cities and Jurisdictions in Marion County
Properties in any of these areas use Marion County forms:
- Centenary
- Gresham
- Marion
- Mullins
- Rains
- Sellers
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 (843) 423-8240 for current fees.
Have other questions? Contact our support team
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 South Carolina residential property, the primary methods for holding title are tenancy in common and joint tenancy. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common, unless a right of survivorship is expressly created in the conveyance (S.C. Code Ann. 27-7-40(a)).
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. In South Carolina, the grantor must sign the deed in front of two witnesses and in the presence of an individual authorized by the state to administer an oath. Record the completed deed at the local county Recorder's office, along with an Affidavit of True Consideration (S.C. Code Ann. 12-24-70(A)(1)).
The grantor is responsible for paying the Federal Gift Tax. 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 if a gift is valued below $15,000, a federal gift tax return (Form 709) does not need to be filed. However, if the gift is something that could possibly be disputed by the IRS -- such as real property -- a grantor may benefit from filing a Form 709 [2].
In South Carolina, there is no state gift tax. Gifts of real property in South Carolina are, however, subject to the federal gift tax. The grantor is responsible for paying the tax, but if the grantor does not pay the gift tax, the grantee will be held liable [1]. For questions regarding state taxation laws, consult a tax specialist.
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
(South Carolina Gift Deed 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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Byron M.
June 17th, 2021
Very easy to sign up. Very quick to respond for payment once uploaded. Great communication. More expensive than other recording services.
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February 8th, 2019
Great service and all seems to be what I was looking for
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Sandra P.
July 25th, 2020
Thank so much! It' was pretty easy with the help of my Brother in-law .
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Gregory C.
March 17th, 2022
All of these forms should be downloadable in .zip format - having to do 8-9 downloads is ridiculous, respectfully.
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L. Candace H.
April 29th, 2021
So far it's been good & informative. I have not chosen forms for download but I like the site. Thanks
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July 14th, 2022
Very pleased with deeds.com. I highly recommend them to anyone, from clueless beginners like myself to the more advanced. Thank you for simplifying this process.
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October 3rd, 2022
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August 17th, 2020
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June 18th, 2020
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Deborah B.
September 30th, 2021
I was skeptical after experiencing other websites. However not only did we get the form we needed for a fraction of the cost vs going to an attorney, the additional resources (guides and samples) made the completion of the Enhanced Life Quitclaim deed quite simple, quick, and painless. We were having difficulty getting my mom to agree to meeting with an attorney or even considering a Lady Bird deed. Deeds.com gave us the ability to move forward with necessary actions with family members walking my mom through the steps, explaining the process and giving her plenty of time to find the needed information. She became part of the process which made it easy for her at a time when decision making was hard. We did everything in the comfort of her own home. I can't think of a better experience or service and I would consider Deeds.com for future needs.
Thank you for the kinds words Deborah. We appreciate you taking the time to share your experience.
Kevin M.
January 31st, 2022
Thought I knew what I was doing but it turns out I was in way over my head. Thankfully customer service pointed me in the right direction to get the help I needed.
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Jonathan F.
September 4th, 2020
An excellent service. Makes filing deeds so much easier than having to go to the courthouse or use FedEx. I will be a customer for the rest of my legal career.
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Donna r.
September 18th, 2020
Downloads were easy but I am pretty lost in filling out. Thought be more instructions
Thank you for your feedback Donna. If you are not completely sure of what you are doing we highly recommend seeking the assistance of a legal professional familiar with your specific situation.
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March 16th, 2020
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February 23rd, 2023
Simple and easy going process
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