San Juan County Gift Deed Form (New Mexico)

All San Juan County specific forms and documents listed below are included in your immediate download package:

Gift Deed Form

San Juan County Gift Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included San Juan County compliant document last validated/updated 10/30/2024

Gift Deed Guide

San Juan County Gift Deed Guide

Line by line guide explaining every blank on the form.
Included San Juan County compliant document last validated/updated 10/29/2024

Completed Example of the Gift Deed Document

San Juan County Completed Example of the Gift Deed Document

Example of a properly completed form for reference.
Included San Juan County compliant document last validated/updated 10/8/2024

When using these Gift Deed forms, the subject real estate must be physically located in San Juan County. The executed documents should then be recorded in the following office:

San Juan County Clerk

100 South Oliver Dr, Suite 200 / PO Box 550, Aztec, New Mexico 87410

Hours: 7:00 am - 5:00 pm Monday - Friday

Phone: (505) 334-9471

Local jurisdictions located in San Juan County include:

  • Aztec
  • Blanco
  • Bloomfield
  • Farmington
  • Flora Vista
  • Fruitland
  • Kirtland
  • La Plata
  • Nageezi
  • Navajo Dam
  • Newcomb
  • Sanostee
  • Sheep Springs
  • Shiprock
  • Waterflow

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the San Juan County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in San Juan County using our eRecording service.
Are these forms guaranteed to be recordable in San Juan County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by San Juan County including margin requirements, content requirements, font and font size requirements.

Can the Gift Deed forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in San Juan County that you need to transfer you would only need to order our forms once for all of your properties in San Juan County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by New Mexico or San Juan County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our San Juan County Gift Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

Gifts of Real Property in New Mexico

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. Gift deeds 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 New Mexico residential property, the primary methods for holding title are tenancy in common, joint tenancy, and community property. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common, unless a joint tenancy is expressly created in the conveyance. Typically, property conveyed to spouses vests as community property. Real estate acquired by either spouse by gift, however, vests as separate property, and does not automatically vest as community property (NMSA 40-3-8).

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. Unless exempt from filing a Real Property Transfer Affidavit, file the form with the assessor's office within 30 days of recording the deed. A list of exemptions can be found in NMSA 7-38-12.1(D). Record the completed deed 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. Gifts of real property in New Mexico are subject to this federal gift tax. 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, grantors should consider filing one for many gifts of real property [2]. 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].

In New Mexico, there is no state gift tax. 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

(New Mexico Gift Deed Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the San Juan 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 San Juan 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 - ( 4420 Reviews )

Jimmy W.

November 1st, 2024

Very thorough with plenty of instructions. Nice to be able to fill in the forms on my computer at my own pace and edit if needed. Jim

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

RUTH A.

October 25th, 2024

I am so very thankful for the service that you provide for the public, thank you very much.

Reply from Staff

We deeply appreciate the trust you have placed in our services. Thank you for your valuable feedback and for choosing us.

Nancy R.

October 25th, 2024

Deeds.com is very precise, helpful and friendly. I found the form I needed without any effort and everything worked perfect and smooth. I recommend it 100%. rnThank you.

Reply from Staff

We are delighted to have been of service. Thank you for the positive review!

Dallas S.

July 19th, 2023

Very easy

Reply from Staff

Thank you!

Karen P.

May 6th, 2020

Quick and easy.

Reply from Staff

Thank you!

Kimberly E.

January 23rd, 2021

This process could not have been made any easier!! Very easy instructions to follow and the response time was incredible! Thank you!

Reply from Staff

Thank you!

Kimberly M.

May 20th, 2019

Great service once again from Deeds.com. I will be using them again in the future.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

ieva r.

March 14th, 2019

Excellent! I was worried because I saw some negative reviews online but I really needed an e-recording company and they completed everything perfectly. I will most definitely recommend them and use them again in the future. All the staff was super nice and very helpful.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Anna S.

July 17th, 2020

You guys are awesome, The service, expertise and quick communication were amazing. I think you guys are charging to little, but you didn't hear that from me. Thank you for making this process quick and easy.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Kahn B.

May 2nd, 2019

The Quitclaim deed seems pretty simple However I wonder if I can fll out the paper as easily as it looks
I appreciate very much the sample and the direction for filling out the deed.
Now I am in the process of gathering document to fill out the deed and I think only when after everything done, I may have a clear idea how good the Quitclaim Deed is.
I hope I can follow instruction and will successfully done the paperwork.
Thank you very much.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Timothy N.

September 21st, 2020

Extremely easy and fast recording of real estate records. I was impressed that it was less than 6 hours from the time I uploaded the document to Deeds.com to receiving confirmation that it was recorded by the county clerk. I would highly recommend this service to save you time and quickly get documents recorded!

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Kathy C.

March 7th, 2022

It's worth the cost to download the fill in the blank forms. So quick and easy. The lady I spoke to on the phone was super nice and very helpful. She deserves a medal for being so patient with me.

Reply from Staff

Thank you!

Dave S.

May 1st, 2019

Easy to use and get forms I needed. Corporate need for an invoice/receipt could be a bit easier - have to print screen to get any info.

Reply from Staff

Thank you for your feedback Dave, we really appreciate it.

Kathleen M.

April 14th, 2020

Your Service was excellent. Very responsive. Thank you.

Reply from Staff

Thank you!

Lynn B.

June 15th, 2022

Their customer service is impressive to say the least. I sent them an email and I received a response that the issue had been resolved in under an hour. They even apologized for the inconvenience. I haven't used the forms I purchased yet but if they are anything like their Customer service, I know I will be extremely satisfied with my purchase. I will definitely return here for ALL my needs they can provide for in the future.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!