A gift deed transfers real property from one owner to another without a sale—no money changes hands. These deeds are commonly used for transfers between family members or for charitable donations, and the transfer takes effect immediately upon recording.

No Consideration Required

Unlike deeds used in purchase transactions, a Texas gift deed recites that the transfer is made "for no valuable consideration whatsoever and purely as a gift." This donative language establishes the grantor's intent and distinguishes the transfer from a sale for tax and title purposes. Ambiguous language or any reference to payment can make the deed contestable.

What the Deed Must Include

A Texas gift deed requires the grantor's full name and marital status, the grantee's full name, marital status, mailing address, and how the grantee will hold title (vesting). Common vesting options for co-owners include tenancy in common, joint tenancy, and community property (Tex. Est. Code § 111.001; Tex. Fam. Code § 3.003). The deed must also contain a complete legal description of the property and identify the source of the grantor's title.

Execution and Recording

The grantor must sign the deed and have it acknowledged before two credible witnesses or a notary public (Tex. Prop. Code § 12.001(b)). The completed deed should be recorded with the county clerk in the county where the property is located. Contact the clerk's office to confirm accepted forms of payment.

Under Texas law, an unrecorded deed remains binding between the parties to the instrument, their heirs, and any subsequent purchaser who does not pay valuable consideration or who has notice of the deed (Tex. Prop. Code § 13.001). However, recording protects the grantee's interest against future claims.

Federal Gift Tax Considerations

The recipient of gifted property does not report the gift as income. However, the donor may be subject to federal gift tax and is responsible for any tax due. If the donor fails to pay, the IRS may look to the recipient.

The annual gift tax exclusion allows individuals to gift up to a certain amount per recipient each year without filing a federal gift tax return (Form 709). For 2025, the exclusion is $19,000 per recipient. Gifts exceeding this amount, or gifts of real property that may be scrutinized by the IRS, may require filing Form 709 even if no tax is owed. Consult a tax professional for guidance on specific gift tax obligations.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Gift Deed

Add a spouse to a property title after marriage
Transfer property between family members
Transfer ownership to a living trust
Transfer property to an LLC or corporation
Transfer a partial interest in a property
Convey real estate as part of an estate plan

Compare other Texas deed forms and documents

Quitclaim Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Transfer on Death Deed Transfer on Death Revocation Enhanced Life Estate Deed Easement Deed Termination of Easement Executor Deed Administrator Deed Texas Affidavit of Heirship Trustee Deed Certificate of Trust Disclaimer of Interest Mineral Deed Mineral Quitclaim Deed Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Statutory Durable Power of Attorney Demand for Payment Notice of Contractual Retainage Notice of Specially Manufactured Materials Preliminary Notice to Original Contractor Preliminary Notice to Owner and Original Contractor Affidavit of Lien Request for Information from Owner Request for Information from Subcontractor Request for Information from Original Contractor Conditional Waiver and Release on Progress Payment Conditional Waiver and Release on Final Payment Unconditional Waiver on Progress Payment Unconditional Waiver on Final Payment Release of Lien Contract for Deed Memorandum of Contract Deed of Trust and Promissory Note Release of Lien - by Deed of Trust and Note Appointment of Substitute Trustee for Deed of Trust Assignment of Deed of Trust Collateral Assignment of Note and Liens (Security Agreement) Release of Collateral Transfer of Note and Lien Collateral Assignment of Leases, Rents and Rights Release of Collateral Assignment of Leases and Rents Lis Pendens Lis Pendens Release

Important: County-Specific Forms

Our gift deed forms are specifically formatted for each county in Texas.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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