A U.S. gift deed is a legal document used to transfer ownership of real property or personal property from one person (the grantor) to another (the grantee) without any payment or consideration. The transfer is made voluntarily as a gift. American gift deeds are commonly used between family members, such as parents transferring property to children or between spouses.

Does a gift deed need to be recorded?

For U.S. real property, yes. A gift deed must be recorded with the county recorder's office in the county where the property is located to provide public notice of the ownership change and protect the American grantee's interest against future claims. An unrecorded deed is still valid between the parties, but it does not protect the grantee if the grantor later sells the property to someone else.

Can a gift deed be revoked?

Once a U.S. gift deed is signed, delivered, and accepted by the grantee, the transfer is generally irrevocable. The American grantor cannot take back the property unless the grantee voluntarily agrees to reconvey it. In limited circumstances, a court may set aside a gift deed if it was obtained through fraud, undue influence, or if the grantor lacked mental capacity at the time of signing.

What is the difference between a gift deed and a quitclaim deed?

A U.S. gift deed specifically states that the transfer is made as a gift with no consideration. A quitclaim deed transfers whatever interest the American grantor has without any warranties about the quality of title. A gift deed can be structured as a quitclaim, but it can also be a warranty deed or special warranty deed. The gift deed additionally establishes the nature of the transfer for U.S. tax purposes.

Do I need a lawyer to create a gift deed?

While a lawyer is not legally required, consulting one is recommended for U.S. real property transfers because the tax implications and recording requirements can be complex. For straightforward American transfers between family members, a well-drafted template can be sufficient. If the property has a mortgage, liens, or title issues, professional legal advice is strongly recommended.

Can I gift property that has a mortgage?

You can transfer U.S. property by gift deed even if there is an outstanding mortgage, but the mortgage does not go away. The American grantor remains responsible for the mortgage unless the lender agrees to release them. Most mortgages contain a due-on-sale clause that allows the lender to demand full repayment when ownership changes. Some family transfers are exempt under the Garn-St. Germain Act.

What is the difference between a gift deed and a transfer on death deed?

A U.S. gift deed transfers property ownership immediately during the grantor's lifetime. A transfer on death deed keeps the property in the American grantor's name during their lifetime and transfers it to a named beneficiary upon the grantor's death. Transfer on death deeds are revocable, while completed gift deeds are generally irrevocable. Not all states recognize transfer on death deeds.

Rental & Real EstateUnited States

Free Gift Deed Template

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GIFT DEED

United States · State Of South Carolina · Executed April 15, 2026

GRANTOR (DONOR)

Margaret Eleanor Whitfield

152 Maplewood Lane Greenville, SC 29601
A widowed person
Relationship to Grantee: Mother of Grantee

GRANTEE (DONEE)

James Robert Whitfield

305 Riverside Avenue, Apt 4B Greenville, SC 29605
Age: 34

Property: 152 Maplewood Lane, Greenville, SC 29601

Consideration: $1.00 and natural love and affection (Gift)

THIS GIFT DEED (this "Deed") is made and entered into as of April 15, 2026 by Margaret Eleanor Whitfield, whose mailing address is 152 Maplewood Lane Greenville, SC 29601 (the "Grantor" or "Donor"), in favor of James Robert Whitfield, whose mailing address is 305 Riverside Avenue, Apt 4B Greenville, SC 29605 (the "Grantee" or "Donee").

FOR AND IN CONSIDERATION of love and affection and the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor does hereby GIFT, GRANT, BARGAIN, SELL, AND CONVEY to the Grantee, the Grantee's heirs, successors, and assigns forever, the property described in Section 1 below, TO HAVE AND TO HOLD the same in fee simple, subject to the terms and conditions of this Deed.

DESCRIPTION OF GIFTED PROPERTY

Real Property:
Street Address: 152 Maplewood Lane, Greenville, SC 29601
County: Greenville
State: South Carolina
Assessor's Parcel Number (APN): 0145-09-04-022

Legal Description:
All that certain piece, parcel, or lot of land, with all improvements thereon, situate, lying, and being in the City of Greenville, County of Greenville, State of South Carolina, being shown and designated as Lot No. 22, Block 4, Section 9 of Maplewood Heights Subdivision, as shown on plat recorded in Plat Book 45, Page 122, in the Office of the Register of Deeds for Greenville County, South Carolina.

Approximate Fair Market Value: 385,000.00 USD — recited solely for federal gift-tax computation purposes (IRS Form 709) and not as consideration.

GIFT DECLARATION AND DONATIVE INTENT

The Grantor declares that this conveyance is made WITHOUT MONETARY CONSIDERATION and is intended as an unconditional and irrevocable gift to the Grantee. The Grantor warrants the following:

(a) Donative Intent. The Grantor presently intends to make a gift of the Property and to part with all dominion and control over it.
(b) Capacity. The Grantor is of sound mind, of legal age, and is not acting under fraud, duress, or undue influence.
(c) No Consideration. No monetary or other consideration has been requested or received by the Grantor in exchange for this Gift, except as may be recited herein for nominal purposes ($1.00) or for tax-recital purposes only.
(d) Voluntary Act. This Gift is being made freely and voluntarily, and the Grantor has had the opportunity to seek independent legal and tax advice with respect to this transfer.

DELIVERY AND ACCEPTANCE

The Grantor agrees to deliver this Deed and the Property to the Grantee on or before the Execution Date set forth above. The Grantee, by accepting delivery of this Deed, hereby ACCEPTS THE GIFT of the Property described in Section 1 and acknowledges receipt thereof.

For real property, the parties acknowledge that under U.S. law a gift of real property is not complete until the deed is signed by the Grantor, delivered (actually or constructively) to the Grantee, and accepted by the Grantee. Recording of this Deed shall constitute conclusive evidence of delivery and acceptance for the purposes of public notice.

RESERVATIONS AND LIFE ESTATE

Reserved Life Estate. Notwithstanding the conveyance set forth above, the Grantor hereby RESERVES UNTO MARGARET ELEANOR WHITFIELD a life estate in the Property, including the right to occupy, use, and receive all rents and profits of the Property for the duration of the named life tenant's natural life. Upon the death of the life tenant, the remainder estate shall vest absolutely in the Grantee, the Grantee's heirs, successors, and assigns, without further conveyance.

The life tenant shall be responsible for ordinary maintenance, real property taxes, and hazard insurance during the life estate. The remainderman (Grantee) shall not be entitled to possession or rents during the life estate.

FEDERAL GIFT TAX ACKNOWLEDGMENT

The parties acknowledge that this transfer may have U.S. federal gift tax consequences to the Grantor under Internal Revenue Code §§ 2501 et seq. Specifically:

(a) Annual Exclusion. Gifts to any one Grantee during a calendar year that do not exceed the federal annual exclusion amount (US$18,000 for 2024) generally do not require the filing of a gift tax return.
(b) Lifetime Exemption. Gifts in excess of the annual exclusion are reportable on IRS Form 709 but generally do not result in tax owed until the Grantor exhausts the lifetime gift and estate tax exemption (US$13.61 million for 2024).
(c) Spousal Gifts. Gifts between U.S.-citizen spouses are generally unlimited in amount and not reportable.
(d) Carryover Basis. The Grantee's cost basis in the Property for U.S. federal income tax purposes is the Grantor's adjusted basis (carryover basis) under IRC § 1015, not the fair market value at the date of gift. This is materially different from inherited property, which receives a stepped-up basis under IRC § 1014.

The parties are encouraged to consult a qualified U.S. tax advisor regarding the specific tax consequences of this transfer.

TITLE WARRANTIES

General Warranty. The Grantor hereby covenants with the Grantee, the Grantee's heirs, successors, and assigns, that:
(a) the Grantor is lawfully seized of the Property in fee simple;
(b) the Grantor has good right and lawful authority to convey the Property;
(c) the Property is free and clear of all encumbrances except as listed below;
(d) the Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons whomsoever.

RECORDING AND TRANSFER TAX

This Deed shall be filed for record in the office of the recorder of Greenville County, State of South Carolina, following execution and notarization.

Transfer Tax Exemption. This conveyance is exempt from documentary transfer tax pursuant to S.C. Code Ann. § 12-24-40 (gift transfers between specified family members), because it is a gift made without consideration.

GOVERNING LAW AND SEVERABILITY

This Deed shall be governed by and construed in accordance with the laws of the State of South Carolina. Real property matters, including title, recording, and transfer taxes, shall be governed exclusively by the law of the state in which the Property is located.

If any provision of this Deed is held invalid or unenforceable, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect.

IN WITNESS WHEREOF, the Grantor has executed this Gift Deed as of the date first written above and hereby formally delivers the Property to the Grantee. The Grantee, by signing below, acknowledges acceptance of this Gift.

GRANTOR (DONOR)

Margaret Eleanor Whitfield

Date: ____________________

GRANTEE (DONEE)

James Robert Whitfield

Acknowledging acceptance of the Gift

Date: ____________________

NOTARY ACKNOWLEDGMENT

State of South Carolina
County of Greenville

On _____________________, before me, _____________________, a Notary Public in and for said state, personally appeared Margaret Eleanor Whitfield, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of South Carolina that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Signature: _____________________________
Notary Name (printed): _____________________________
Commission Expires: _____________________________
[Notary Seal]

RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO:
James Robert Whitfield
305 Riverside Avenue, Apt 4B Greenville, SC 29605

Available as a print-ready PDF or an editable Microsoft Word (.docx) file.

What Is a Gift Deed?

A gift deed is a legal document used throughout the United States to transfer ownership of property from one person (the grantor) to another (the grantee) without any exchange of money or other consideration. The transfer is made voluntarily as a gift, and once completed, the grantee becomes the full legal owner of the property. U.S. gift deeds are most commonly used for transfers between family members, such as parents conveying a home to their children or grandparents transferring land to grandchildren.

For real property, a U.S. gift deed functions like any other deed: it must contain a legal description of the property, be signed by the grantor, and, in most American states, be notarized and recorded with the county recorder's office. The recording provides public notice of the ownership change and protects the grantee's interest against future claims by third parties.

Gift deeds also have important U.S. tax implications. The grantor may need to file a federal gift tax return (IRS Form 709) if the gift exceeds the annual exclusion amount. However, no gift tax is typically owed until the grantor exceeds their lifetime exemption. The grantee does not pay American income tax on the gift itself, but they receive the grantor's original cost basis, which affects capital gains tax if the property is later sold. Understanding these U.S. tax consequences is essential before executing a gift deed.

What's Covered in This Template

Doxuno's gift deed template includes all the essential provisions for a legally valid property transfer by gift in any US state.

Grantor & Grantee Details

Property Description

Gift Declaration

Effective Date

Deed Type Selection

Conditions & Reservations

Title Warranties

Tax Considerations

Governing Law

Notarization Block

Acceptance Clause

Recording Instructions

How to Create Your Gift Deed

Doxuno's template guides you through every section. Complete the form and download your gift deed in minutes.

1
Enter grantor and grantee information
Provide the full legal names, addresses, and marital status of both the grantor (the person giving the property) and the grantee (the person receiving it). If the property is jointly owned, all owners must be listed as grantors.
2
Describe the property being gifted
For real property, enter the full legal description as it appears on the current deed, including the county, state, parcel number, and any lot or block references. For personal property, provide a detailed description with serial numbers or other identifying details.
3
Specify the gift terms
Confirm that the transfer is a bona fide gift with no consideration expected in return. If there are any conditions, such as a life estate reserved by the grantor or restrictions on future use, include them in this section.
4
Select the deed type and warranties
Choose whether the gift deed is a warranty deed (grantor guarantees clear title), a special warranty deed (limited title guarantee), or a quitclaim deed (no title guarantees). The choice affects the level of protection the grantee receives.
5
Download, sign, and record
Review the completed document and download your professional PDF. For real property, the deed must be signed by the grantor, notarized, and recorded with the county recorder's office where the property is located to complete the legal transfer.

Why Doxuno documents are different

Four things that make our templates more thorough than AI-generated drafts and more current than static template libraries.

Accurate

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Drafted with legal expertise for each jurisdiction, far more thorough than AI-generated drafts that copy generic clauses across borders.

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Templates carrying statute references are continuously updated as the law changes. Your document always reflects the current legal framework.

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Print-ready PDF

Free to download. Vector text, embedded fonts, statute citations baked in. Print, sign, file. Ready for any signing flow including electronic signature.

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Editable Word (.docx)

Continue editing in Word after download. Add custom clauses, reuse the template for similar agreements, or share with a colleague for collaborative review.

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Legal Considerations for Gift Deeds

While this template is designed to work across all US states, real property laws and recording requirements vary significantly. Review the following considerations before executing your gift deed.

This template is provided for informational purposes and does not constitute legal advice. For high-value property transfers, properties with mortgages or liens, or if you are unsure about tax implications, consult a licensed attorney and tax professional in your jurisdiction.

Reviewed by legal professionals. The content on this page and the template clauses have been reviewed by licensed attorneys in the United States to ensure accuracy and legal soundness for standard property gift transfers.

Federal Gift Tax

The grantor may need to file IRS Form 709 if the value of the gift exceeds the annual exclusion amount ($18,000 per recipient for 2024). No gift tax is typically owed until the grantor exceeds their lifetime gift and estate tax exemption ($13.61 million for 2024). Gifts between spouses who are both US citizens are generally unlimited and tax-free.

Cost Basis and Capital Gains

When property is gifted, the grantee receives the grantor's original cost basis (known as "carryover basis"). This means if the grantee later sells the property, capital gains tax is calculated based on what the grantor originally paid, not the property's value at the time of the gift. This is different from inherited property, which receives a "stepped-up basis" to fair market value at the time of death.

Recording Requirements

For real property, the gift deed must be recorded with the county recorder's office in the U.S. county where the property is located. Most American counties charge a recording fee, and some U.S. states also impose a documentary transfer tax, though many states exempt intrafamily gifts from this tax. An unrecorded deed is valid between the parties but does not protect the grantee against third-party claims.

Mortgaged Property

Transferring property with an existing mortgage does not eliminate the mortgage obligation. Most mortgages include a due-on-sale clause that allows the lender to demand full repayment upon transfer. Some intrafamily transfers are protected from due-on-sale enforcement under the federal Garn-St. Germain Act, but this protection is not universal. Always review your mortgage terms before executing a gift deed.

Frequently Asked Questions

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