Sign In
All Brooke County specific forms and documents listed below are included in your immediate download package:
The Following West Virginia and Brooke County supplemental forms are included as a courtesy with your order.
Declaration of Consideration (West Virginia Document)
Sales Listing Form (West Virginia Document)
Instructions for Sales Listing Form (West Virginia Document)
Certificate of Acknowledgment - Individual (West Virginia Document)
Certificate of Acknowledgment - Representative (West Virginia Document)
Verification of an Oath - Jurat (West Virginia Document)
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). 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).
In order for a gift deed to be valid they 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 West Virginia residential property, the primary methods for holding title in co-ownership are tenancy in common and joint tenancy. A grant of ownership of real estate to two or more persons is presumed to create a tenancy in common, unless a right of survivorship is clearly stated in the conveyance (W. Va. Code 36-1-10 onward).
As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. Any survey document that a deed references should be prepared by a licensed surveyor and filed with a county clerk, and must also have the licensed surveyor's signature and seal or stamp affixed thereto (W. Va. Code 39-1-2c). Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property.
In West Virginia, the fee to record a deed of conveyance (without a plat) is $15 for the first five pages and $1 for each additional page. A preservation fee is added to every recorded instrument and is $1 for documents with 1-9 pages, $2 for documents with 10-19 pages, and an additional $1 for every ten pages (W. Va. Code 59-1-10)
Every person who records a document in West Virginia is subject to pay a state excise tax when transferring title to real estate. The rate of the combined state and county excise tax is $4.40 for each $1,000 of value and is payable upon recording. The payment of the tax is evidenced by the affixing of documentary stamps on the document. Copies are $1.50 for the first two pages and $1 for each additional page. To certify a copied document costs an additional $1 (per document). All documents not listed are $10 for the first 5 pages and $1 for each additional page. Pages with printing on both sides will count as two pages (W. Va. Code 11-22-2).
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 West Virginia, there is no state gift tax. For questions regarding state taxation laws, consult a tax specialist. Gifts of real property in West Virginia 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
The documents you receive here will meet, or exceed, the Brooke County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Get your Brooke 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.
4.8 out of 5 (3969 Reviews) March 27th, 2023
Name: Melody M.
Review: Thank you Deeds.com for making our Quit Deed process easy and efficient. The instructions and example forms are a must! Excellent value for the price.
Reply from Staff on March 27th, 2023
Thank you for your feedback. We really appreciate it. Have a great day!
March 27th, 2023
Name: Joan B.
Review: So quick and easy! No searching for a parking place or waiting in line. Thank you!
Reply from Staff on March 27th, 2023
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
March 27th, 2023
Name: Clarence R.
Review: service from your team was quick and very accurate. My experience was excellent.
Reply from Staff on March 27th, 2023
Thank you!
Name: Toni C.
Review: Super impressed!! For me to get back my recorded document in one day was awesome. I needed it for a foreclosure and knew if I mailed it in to the Clerk's office I more than likely would not get it back in time. Also the fact that you had no problem with me having a one-time document to record is a plus. I will be using you in the future for my recording needs. Thank you.
Reply from Staff
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Name: CAROLYN H.
Review: Thanks. Was simple and easy to use.
Reply from Staff
Thank you!
Name: lee s.
Review: Over all quality of document was good. The issue I had was where it states claimant did not have a contract with the owner or their agent. I did have a contract with their agent, and there was no option for both. So had improvise.
Reply from Staff
Thank you for your feedback. We really appreciate it. Have a great day!
Name: Linda M.
Review: Quick easy
Reply from Staff
Thank you!
Name: Lori C.
Review: It just a little disconcerting that I was not able to preview any of the forms prior to purchasing them. Thank goodness they were the correct forms I needed. I would suggest being able to at least make the picture of the forms a little larger or give the capability to zoom in.
Reply from Staff
Thank you!
Name: Patricia J.
Review: So simple. Thank you.
Reply from Staff
Thank you Patricia.
Name: Judy A D.
Review: It was quick and easy.
Reply from Staff
Thank you!
Name: David G.
Review: Thanks got what I needed
Reply from Staff
Thank you David, glad to hear that.
Name: Amy S.
Review: So convenient! I love this service. I highly recommend.
Reply from Staff
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Name: victor h.
Review: Easy to use and just what I was looking for
Reply from Staff
Thank you!
Name: Susan N.
Review: Very easy to use and I received the information in a timely manner. I will use this service again.
Reply from Staff
Thank you!
Name: Linda S.
Review: I am quite pleased with this website. I was able to complete my task with relative ease thanks to all the help these forms provided .The example forms really helped me to navigate the process. I would recommend this service highly.
Reply from Staff
Thank you Linda, we really appreciate your feedback.
Use of Deeds.com Legal Forms. On our Site we make available for use self-help "fill in the blank" forms. If you use a form on our Site, you explicitly agree to our Terms of Use. You understand and agree that your purchase and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs, not guaranteed or warranted to be current, up to date, or accurate.
NO WARRANTY. Do It Yourself Legal Forms available on our Website are not guaranteed to be usable, correct, up to date, or fit for any legal purpose. Use of any Do It Yourself Legal Form from our website is done so AT YOUR OWN RISK.
If you use any Do It Yourself Legal Form available on Deeds.com, you agree that: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LEGAL FORMS OR FOR ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE DEEDS.COM WEBSITE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00.
Nothing on this website should be considered a substitute for the advice of an attorney.
© DEEDS.COM INC. 1997 - 2023 ALL RIGHTS RESERVED | (330) 606-0119 | P.O. Box 5264, Fairlawn, OH 44334