Marion County Gift Deed Form (Oregon)

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

Gift Deed Form

Marion County Gift Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Marion County compliant document last validated/updated 6/21/2024

Gift Deed Guide

Marion County Gift Deed Guide

Line by line guide explaining every blank on the form.
Included Marion County compliant document last validated/updated 9/2/2024

Completed Example of the Gift Deed Document

Marion County Completed Example of the Gift Deed Document

Example of a properly completed form for reference.
Included Marion County compliant document last validated/updated 7/18/2024

The following Oregon and Marion 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 Marion County. The executed documents should then be recorded in the following office:

Marion County Clerk

555 Court St NE, 2nd floor / PO Box 14500, Salem, Oregon 97309

Hours: 8:30 to 5:00 M-F

Phone: (503) 588-5225

Local jurisdictions located in Marion County include:

  • Aumsville
  • Aurora
  • Detroit
  • Donald
  • Gates
  • Gervais
  • Hubbard
  • Idanha
  • Jefferson
  • Keizer
  • Mehama
  • Mount Angel
  • Saint Benedict
  • Saint Paul
  • Salem
  • Scotts Mills
  • Silverton
  • Stayton
  • Sublimity
  • Turner
  • Woodburn

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 Marion 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 Marion County using our eRecording service.
Are these forms guaranteed to be recordable in Marion County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Marion 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 Marion County that you need to transfer you would only need to order our forms once for all of your properties in Marion County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Oregon or Marion 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 Marion 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 Oregon

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. 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 Oregon residential property, the primary methods for holding title are tenancy in common, and tenancy by entirety. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common. A conveyance to a married couple creates a tenancy by entirety. Joint tenancy is abolished unless the conveyance is to trustees or personal representatives (ORS 93.180).

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. Gift deeds in Washington County must be accompanied by an Application for Exemption from Washington County Transfer Tax form, which can be found on the Washington County website. Record the completed deed and any associated documentation 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. 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 Oregon, there is no state gift tax. When a transfer is by gift, no tax withholding is required either [3]. For questions regarding state taxation laws, consult a tax specialist. Gifts of real property in Oregon 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

(Oregon GD Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Marion 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 Marion 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 - ( 4435 Reviews )

Zennell W.

November 24th, 2024

Quick fast and easy transaction.

Reply from Staff

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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

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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.

Doris S.

September 12th, 2021

Pleased with efficiency and expediency of website. Added value is the respective county requirements for Florida. I needed a quitclaim deed between family members. Highly recommended. We hope to record signed and executed document next week in Florida. Thank you.

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April 13th, 2019

Awesome service. User friendly, simple, easy and quick to fill out with instructions and sample copy and print.

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Patricia R.

October 26th, 2022

Very quick to respond with the obvious answers. I asked what form to use when adding my daughter to deed. Answer: talk to an attorney duh.

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January 4th, 2019

I love this guide. Thank you for having this available.

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October 7th, 2020

The process was quick and simple to follow. Very efficient way to document Deeds.

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March 13th, 2020

Your service was very helpful as we were able to obtain a form for another state for our client.

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October 10th, 2024

Great communication, this was my first e-recording.

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April 23rd, 2020

I wish all the forms had been in a downloadable package so that it wasn't so difficult to make sure I had them all. Too many pages open on the click throughs. I haven't had a chance to fill them out but hope they are all there.

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August 6th, 2019

It was easy to follow the instructions, the sample pages were a great help.

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May 28th, 2024

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February 23rd, 2019

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Thomas C.

April 12th, 2023

I got the right form but I waited too long to use it and Oregon changed the formatting. I should have checked and made sure the form was still good. Deeds responded quickly.

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