Torrance County Gift Deed Form (New Mexico)
All Torrance County specific forms and documents listed below are included in your immediate download package:
Gift Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Torrance County compliant document last validated/updated 10/30/2024
Gift Deed Guide
Line by line guide explaining every blank on the form.
Included Torrance County compliant document last validated/updated 11/19/2024
Completed Example of the Gift Deed Document
Example of a properly completed form for reference.
Included Torrance County compliant document last validated/updated 10/8/2024
The following New Mexico and Torrance County supplemental forms are included as a courtesy with your order:
When using these Gift Deed forms, the subject real estate must be physically located in Torrance County. The executed documents should then be recorded in the following office:
Torrance County Clerk
205 9th St / PO Box 767, Estancia, New Mexico 87016
Hours: 7:30 to 5:30 Mon-Thu; closed Fri
Phone: (505) 246-4735
Local jurisdictions located in Torrance County include:
- Cedarvale
- Clines Corners
- Encino
- Estancia
- Mcintosh
- Moriarty
- Mountainair
- Torreon
- Willard
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 Torrance 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 Torrance County using our eRecording service.
Are these forms guaranteed to be recordable in Torrance County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Torrance 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 Torrance County that you need to transfer you would only need to order our forms once for all of your properties in Torrance County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by New Mexico or Torrance 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 Torrance 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 Torrance 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 Torrance 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.
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
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.
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Timothy K.
February 23rd, 2019
Great company to work with, quick responses.
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September 6th, 2019
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September 24th, 2019
was not ready to pay for much needed forms but very important
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November 20th, 2020
It was easy to use and clear directions.
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Ronald D.
July 15th, 2022
very quick and easy to find, confirm, pay, and download documents, well worth the money for peace of mind.
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Karen L.
June 14th, 2022
Form is easy to complete but has a crowded look upon printing. I would put more returns between paragraphs to make it easier to read.
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John M.
May 14th, 2022
I found just what I needed at a very good price.
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Steve F.
July 9th, 2021
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Krissyn S.
November 29th, 2021
It was so easy to find, download, and use the form I needed. Literally took about 5 minutes and I was ready to go. I loved that the download included a sample form and a guide to help fill out the form properly.
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David Q.
April 14th, 2020
Very easy...great service.
Thank you!
Jacque G.
December 18th, 2019
Very helpful and easy to access.
Thank you!
Thomas D.
April 30th, 2020
The documents themselves are fine and the information provided with them is helpful. I find the actual processing of the documents, however, to be difficult particularly once the document has been saved. First, I note that the box for the date only allows entry of the last 2 digits of the year. Unfortunately, my download only allows me to enter one of the 2 digits required. When I delete it repeatedly, it eventually allows both digits to be entered but puts them in extremely small text and in superscrypt. I have not found a solution to this problem and am not sure the deed can even be recorded with this problem.
Another problem is that if you try to revise the document after you have saved it the curser goes to the end of the line after each key entry. This means that there basically is no way to efficiently save the document for reworking later since you will have to delete everything you have entered in the text box unless you only need to make a single keystroke change or are willing to replace the curser after each entry. Try that with a long property description!
Please note that I am using a Mac to prepare my documents and perhaps this is part of an "incompatibility problem". However, I didn't see a disclaimer regarding Mac use and so would expect the documents to perform correctly. Overall, I give the program a "2 star" rating because I am experiencing significant difficulties in entering dates in the documents even before saving them and because saving your work for later revision appears to be basically unworkable.
Thank you for your feedback Thomas, we appreciate you being specific about the issues you encountered. Adobe and Mac have a fairly long history of issues working together.