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Gift Deed Special Warranty Form - Fairfax County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 5/7/2020
Gift Deed Special Warranty Guide - Fairfax County
Line by line guide explaining every blank on the form.
Included document last updated 6/1/2020
Completed Example of the Gift Deed Special Warranty Document - Fairfax County
Example of a properly completed form for reference.
Included document last updated 5/26/2020
*The Following Virginia and Fairfax County supplemental forms are included as a courtesy with your order.
Deed Cover Sheet
When recording a real estate deed in Virginia, a bar-coded, cover sheet is required in many counties/cities. For most counties, this form must be generated online at the Virginia courts website. Fairfax County, however, has its own online cover sheet generator. View the information sheet provided here for a link and contact information.
Fairfax Recordation Taxes & Fees
This detailed schedule lists amounts due by instrument and includes taxes due at the time of recording. We advise customers to contact the local court in order to confirm the amount.
Certificate of Transfer
Use this form for protection of assignees or transferees of debts secured by real estate.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in Virginia.
Including:
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). They typically transfer real property between family or close friends. Gift deeds are also used to donate to a non-profit organization or charity.
Gift deeds, by definition, are transfers made for no consideration. To gift property to a donee, the donor may execute a quitclaim, special warranty, or warranty deed, depending on the level of protection they wish to provide. In general, though, gift deeds with full warranties are unusual; most donors choose either quitclaim or special warranty deeds.
Quitclaim deeds transfer the owner's property rights to the recipient with no assurances about the status of the title, or even a guarantee that they have actually own the property. Special warranty deeds confirm that the donor owns the property, has the right to transfer it, and will defend the donee against claims on the title that relate to their period of ownership.
For a gift deed to be valid, the grantor must intend to make a gift of the property, deliver the property to the grantee, and the grantee must accept the gift. It must contain language that explicitly states no consideration is expected or required. 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.
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 manner of vesting title. 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.
The granting party must sign the deed in the presence of an authorized official before filing the deed in the Clerk of Court's office in the independent city or county in which the property is situated. If married, the non-owning spouse should sign as an additional grantor to waive any interest in the estate. Gift deeds must meet all state and local standards for recorded documents. Some jurisdictions in Virginia require a cover page for recording. Generate the cover sheet online and submit it when recording (see supplemental forms). Contact the local recording office with questions.
Deeds of gift are exempt from recordation taxes under Va. Code 58.1-811(D). The deed must state on its face that the transfer is exempt from the tax.
Virginia does not levy a state gift tax, but the grantor must pay 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. As of 2020, individuals are permitted an annual exclusion of $15,000 on gifts. If there is any question about the gift's value, or if it is close to the exclusion limit, the grantor may wish to consider filing a Form 709 for the federal tax. Ask the local tax assessor or another tax professional for guidance.
With gifts of real property, the recipient (grantee) is not required to declare the amount of the gift as income, but if the property accrues income (such as rent) after the transaction, the recipient is responsible for paying associated state and federal income taxes. Note that the grantee, as the new owner, also becomes responsible for local property taxes and maintaining other agreements and restrictions associated with the property.
This article is provided for informational purposes only and is not a substitute for professional legal advice. Contact an attorney with questions about gift deeds or for any other issues related to the transfer of real property in the Commonwealth of Virginia.
Get your Fairfax County Gift Deed Special Warranty 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 Fairfax 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 (1453 Reviews) June 1st, 2020
Name: Robbin J.
Review: Really great website!! Easy to use!! Very helpful!!
Reply from Staff on June 1st, 2020
Thank you!
May 31st, 2020
Name: Aubrey M.
Review: I am an attorney who was trying to draft some deeds in arizona. The deed templates coupled with the document instructions saved me hours work. At 1st I was skeptical, so spent hours figuring out how to draft the documents, but could have saved so much time If I had just spend the $20 sooner. Would use again is needed a deed format as a basis for my drafting.
Reply from Staff on May 31st, 2020
Thank you for your feedback. We really appreciate it. Have a great day!
May 30th, 2020
Name: Gregory B.
Review: I believe you need more instruction on the use of the web site. I would type and nothing would appear on the form. When I tried to save a completed form I ended with a blank form with no detail.
Reply from Staff on May 30th, 2020
Thank you!
May 29th, 2020
Name: Carla H.
Review: This is a very useful site for downloading legal forms - just be sure you're getting the form you need before buying. Unfortunately I selected the wrong form initially and had to buy a 2nd form to correct my error. I saw no way of communicating my error at that point - i.e., loss of one star.
Reply from Staff on May 30th, 2020
Thank you for your feedback. We really appreciate it. Have a great day!
May 29th, 2020
Name: Thomas B.
Review: My deeds were filed with Pinellas County Florida with a simple process and with no problems. 5 star for sure.
Reply from Staff on May 29th, 2020
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May 29th, 2020
Name: james b.
Review: worked great
Reply from Staff on May 29th, 2020
Thank you!
May 29th, 2020
Name: Kendrick S.
Review: Really solid system for determining what may prevent your documents from being accepted. I love the comments section allowing for fluid communication. I only wish there were automated emails for all those communications and once documents were accepted, but I did receive a couple personally-generated emails regarding the progress instructing me to check the site.
Reply from Staff on May 29th, 2020
Thank you for your feedback. We really appreciate it. Have a great day!
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!