Pembina County Gift Deed Form (North Dakota)
All Pembina 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 Pembina County compliant document last validated/updated 7/30/2024
Quit Claim Deed Guide
Line by line guide explaining every blank on the form.
Included Pembina County compliant document last validated/updated 8/26/2024
Completed Example of the Gift Deed Document
Example of a properly completed form for reference.
Included Pembina County compliant document last validated/updated 8/29/2024
The following North Dakota and Pembina 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 Pembina County. The executed documents should then be recorded in the following office:
Pembina County Clerk/Recorder
301 Dakota St West, #10, Cavalier, North Dakota 58220
Hours: 8:00am-5:00pm M-F
Phone: (701) 265-4373
Local jurisdictions located in Pembina County include:
- Bathgate
- Cavalier
- Crystal
- Drayton
- Glasston
- Hamilton
- Hensel
- Mountain
- Neche
- Pembina
- Saint Thomas
- Walhalla
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 Pembina 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 Pembina County using our eRecording service.
Are these forms guaranteed to be recordable in Pembina County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Pembina 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 Pembina County that you need to transfer you would only need to order our forms once for all of your properties in Pembina County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by North Dakota or Pembina 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 Pembina 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 North Dakota
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 North Dakota residential property, the primary methods for holding title 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 joint tenancy is expressly created in the conveyance (N.D.C.C. 47-02-06).
As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. All deeds in North Dakota are required to indicate whether the legal description was taken from a previous instrument, or if it is newly drafted. A metes and bounds description requires the name and address of the person drafting the description (N.D.C.C. 47-19-03.1, 57-02-39). Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property. All transactions of real property must be accompanied by a Statement of Real Estate Full Consideration form, which must be filed with either the Secretary of the State Board of Equalization or county Recorder's office, unless exempt pursuant to N.D.C.C. 11-18-02.2. Record the completed deed at the local County Recorder's office.
The IRS levies 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 gifts valued below $15,000 do not require a federal gift tax return (Form 709). Even so, donors should consider filing one for many gifts of real property [2].
In North Dakota, there is no state gift tax. For questions regarding state taxation laws, consult a tax specialist. Gifts of real property in North Dakota are 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
(North Dakota GD Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Pembina 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 Pembina 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.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
DAVID K.
April 5th, 2019
Good so far could use more examples for each section of info. needed. ex. (parcel and alt.ID info where to find and etc. #2 more examples. If it was not for the red print examples helping to fill the form out I could have downloaded free forms, the examples are what made me choose your form !
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Shelly D.
March 13th, 2020
Excellent
Thank you!
Elizabeth F.
February 14th, 2022
This was great other than exemption codes did not populate and I couldn't refer to it.
Thank you for your feedback. We really appreciate it. Have a great day!
Beatrice V.
August 27th, 2020
I was in despair as I needed to file two (2) very important documents with the County. Due to Covid the office was closed and my only recourse was to E-Fie with a service provider. I was fortunate enough to hear about Deeds.com. They were specific, courteous, patient and most of all productive. My documents will take awhile for the final filing but that is because the County happens to have a slow turn around time. Otherwise, I am now relieved that this part is over. Thank you Deeds.com. You are awesome.
Thank you for the kinds words Beatrice.
Frank C.
April 17th, 2019
It was easy
Thank you Frank.
Rhonda H.
September 24th, 2020
Love the names on the example! thanks for the smiles!
Thank you for your feedback. We really appreciate it. Have a great day!
Michael J.
June 13th, 2022
Great site, very easy to use. Thanks
Thank you for your feedback. We really appreciate it. Have a great day!
Beryl B.
January 5th, 2019
This was an easy and convenient site to obtain documents. I really appreciated the fact that after paying the fee, the site stayed available to me for access to samples, examples, forms, etc
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Vernon A L.
March 23rd, 2022
They are forms....no magic there. I still have to round up the details.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Victoria L.
February 25th, 2019
This is a fantastic website and financial savings to many. Being able to download and complete the document I needed vs having my attorney complete saved me $800. I would highly recommend this website.
Thank you for the kind words Victoria. Have a great day!
Michael W.
August 27th, 2021
This was really easy and very helpful.
Thanks,
Thank you!
Roger W H.
March 31st, 2022
So far GOOD, just can't locate legal description. Will sign in later when have correct info. Thanx!! Rog
Thank you!