Marion County Gift Deed Form (Tennessee)
All Marion 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 Marion County compliant document last validated/updated 7/8/2024
Gift Deed Guide
Line by line guide explaining every blank on the form.
Included Marion County compliant document last validated/updated 9/23/2024
Completed Example of the Gift Deed Document
Example of a properly completed form for reference.
Included Marion County compliant document last validated/updated 9/9/2024
The following Tennessee 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 Register of Deeds
1 Court Sq / PO Box 789, Jasper, Tennessee 37347
Hours: 8:00am to 4:00 M-F Central
Phone: (423) 942-2573
Local jurisdictions located in Marion County include:
- Guild
- Jasper
- Sequatchie
- South Pittsburg
- Whiteside
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 Tennessee 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 Tennessee
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 Tennessee residential property, the primary methods for holding title are tenancy in common and tenancy by entirety. A conveyance of real estate to two or more unmarried persons creates a tenancy in common, unless a different intention is clearly expressed. (Note: 66-1-107 abolishes survivorship in joint tenancy; consult a lawyer for questions regarding joint tenancy and/or survivorship rights in Tennessee.)
As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. At the end of the legal description of the property, include the name, license number, and address of the surveyor who prepared the boundary survey from which the description was prepared (T.C.A. 66-24-121). Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property. Record the completed deed, along with a completed Oath of Consideration (T.C.A 67-4-409) at the local county Recorder'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 if a gift is valued below $15,000, a federal gift tax return (Form 709) does not need to be filed. But, if the gift is something that could possibly be disputed by the IRS -- such as real property -- a grantor may benefit from filing a Form 709 [2].
In Tennessee, there is no state gift tax. Gifts of real property in Tennessee are, however, subject to the federal gift tax, which the grantor is responsible for paying; 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
(Tennessee Gift Deed 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 - ( 4419 Reviews )
RUTH A.
October 25th, 2024
I am so very thankful for the service that you provide for the public, thank you very much.
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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.
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Giuseppina M.
October 24th, 2024
Fast, reliable excellent service
Your feedback is greatly appreciated. Thank you for taking the time to share your experience!
Sara R.
July 24th, 2020
The deed is presently at the auditors office and will be recorded after approval from zoning board. As far as I know, everything is going along well. A self addressed envelope was left at recorder's office for return after recording is complete.
Thank you!
Marc T.
August 19th, 2021
Excellent service
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Deborah A.
July 26th, 2022
Excellent,
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Thomas B.
March 17th, 2022
Spent several weeks searching the net for warranty deeds. For the money and correctness, IMHO, Deeds.com is far and away the best.
Thank you for your feedback. We really appreciate it. Have a great day!
Mark E.
April 25th, 2024
This was easy to use and only contained one glaring error-where to send the completed form to finish the process. I’ve completed the form, does this mean I get the amended deed sent to me? I think not.
Your insights are invaluable to us and help us strive for better service. Thank you for taking the time to share your thoughts.
Sandra M.
November 17th, 2019
The forms were easy to use but there was a software issue that made it impossible to get the county name to appear on the form in the correct place. It made the deed look a little sloppy
Thank you!
Margaret J.
July 27th, 2022
Forms were clear and understandable
Thank you!
John T.
February 26th, 2021
Amazing! Very helpful. Very specific.
Thank you for your feedback. We really appreciate it. Have a great day!
Kim H.
October 17th, 2020
Great site. quick turnaround and communication. I needed an exception that they told me I needed and where to get the info within hours. I returned warranty deed with exception and the deed was recorded the same day!
Great turnaround!
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Robert G.
January 4th, 2019
Very nice. Especially liked that I could re-use the form since I have a couple of properties.
Thank you!
Sherry C.
September 9th, 2020
The experience was great. It was so easy to get my document recorded and it was done the same day!
Thank you!
Jerry O.
July 10th, 2020
Everything I needed including detailed instructions to transfer the deed on my house from me alone to me and my wife as joint owners with right of survivorship. Formatting was compliant and blanks for all information required were provided in all the right places.
5 stars
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