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 11/19/2024

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 - ( 4434 Reviews )

James S.

November 21st, 2024

Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.

Reply from Staff

Thanks for the kind words James, glad we could help. Look forward to seeing you again.

Thomas G.

November 21st, 2024

Wasn’t what I expected

Reply from Staff

Sorry to hear that your expectations were missed. Your order has been canceled. We do hope that you find something more suitable to your expectations elsewhere. Do keep in mind that purchasing legal forms should not be an exploratory endeavor.

Jimmy P.

November 20th, 2024

They sent me everything I would need to do this. Easy purchase -Easy download. Great!! I'll be back here for all my document needs.

Reply from Staff

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

Peggy J.

July 26th, 2021

I have been researching for months to figure out how to remove deceased owner of property with right of survivorship in Florida. The County Clerk was not helpful. They refer you to get legal advice which is expensive. So hopefully by completing these forms I can actually complete the task. And would be helpful to be reassured that this is all I need to complete overdue task. I was hesitant to pay, but I believe this is legit. If so- a great Thank you.

Reply from Staff

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

Donna L.

October 17th, 2021

So far so good. Looks nice but a more condensed version, when the recorder charges by the page, should be offered.

Reply from Staff

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

Kermit S.

October 12th, 2020

Very easy to use.

Reply from Staff

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

JIM H.

July 21st, 2022

Excellent service
Always find the documents in minutes.
Supporting docs is a super plus!

Reply from Staff

Thank you!

Stephen W.

May 16th, 2020

It provided the forms I could not find elsewhere.

Thank you.

Reply from Staff

Thank you!

Sherri P.

May 6th, 2020

I thought it was easy, but I wish it were faster. I uploaded my document Monday night (after 5pm) and got my invoice the next morning Tuesday paid it right away. and my document was not sent to me as recorded until Wednesday morning even though it was recorded the day earlier at 8:30am. So there was a delay of almost 24 hours letting me know that my document was recorded. So if they could speed that up so that we knew exactly when it got recorded immediately I would give it a million stars

Reply from Staff

Thank you!

Delba O.

January 4th, 2021

This was the easiest process ever. Thank you for making this so easy. No hassle, just upload your docs, pay the invoice and done. It didn't even take 2 business days to get my deed recorded. If I ever need to record anything I will definitely use your services again.

Reply from Staff

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

Gregory B.

May 30th, 2020

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

Thank you!

John L.

April 22nd, 2023

WOW, This site saved me from going to a lawyer. Not only do they give you great directions, they also include a sample that is extremely helpful.

Reply from Staff

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

Cary C.

February 8th, 2021

I am very grateful for this service! But I was quite surprised to see the fees went up over 50%! The last 5 or 6 recordings I have done we each only $25.00.

Thank you,
Sally Center

Reply from Staff

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

Debby R.

July 6th, 2021

Very easy to use

Reply from Staff

Thank you!

Donna R.

November 22nd, 2021

Hi! Is there a setting that I can click on that will make sure I'm notified via email when an update is made to my requests? Thank you!

Reply from Staff

Thanks for your feedback, we'll have someone look into it.