Contents
Form Example
Prepared By and After Recording Return to:
Send Tax Statements to Grantee (Name and
Address):
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
GIFT DEED
KNOW ALL MEN BY THESE PRESENTS THAT:
FOR CONSIDERATION of the love and affection which
______________________________, an Individual, hereinafter referred to as “Grantor”, bears
unto ______________________________ and ______________________________, hereinafter
referred to as Grantees, and also for the better maintenance, support, protection and livelihood of Grantees, Grantor does hereby GRANT AND CONVEY unto Grantees, as joint tenants and not as tenants in common, all that certain tract or parcel of land lying and being situated in the County of __________________, City of __________________, State of Texas, and more particularly
described as follows,
[INSERT DESCRIPTION OR ATTACH AS EXHIBIT]
Prior instrument reference: ____________ Book ______, Page ______, Document No.
______, of the Recorder of ______________________ County, Texas.
Gift Deed |
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TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto in anywise belonging unto the above named Grantees, their successors and assigns forever; and Grantor herein hereby binds itself, its successors, assigns, and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the above named Grantee, their successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof.
Grantees, TO HAVE AND TO HOLD as joint tenants, with right of survivorship and not as tenants in common, their heirs, personal representatives, executors and assigns forever: it being the intention of the parties to this conveyance, that (unless the joint tenancy hereby created is severed or terminated during the joint lives of the grantees herein) in the event one Grantee herein survives the other, the entire interest in fee simple shall pass to the surviving Grantee, and if one does not survive the other, then the heirs and assigns of the Grantees herein shall take as tenants in common.
This conveyance is made and accepted subject to the following matters, to the extent same are in effect at this time: Any and all restrictions, covenants, conditions and easements, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State; and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent that they are still in effect, relating to the hereinabove described property.
The property herein conveyed is not a part of the homestead of Grantor, or is part of the homestead of Grantor and the conveyance is joined by both Husband and Wife.
WITNESS Grantor’s hand this the ______ day of __________________, 20______.
Grantor
Type or Print Name
Gift Deed |
Page 2 of 3 |
STATE OF TEXAS
COUNTY OF __________________
This instrument was acknowledged before me on __________________ (date) by
____________________________________ (name of representative) as
____________________________________ (title of representative) of
________________________________________________ (name of entity or person
represented).
Notary Public
My commission expires:
Type or Print Name
Mailing Address of Grantee:
Name
Address
Gift Deed |
Page 3 of 3 |
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Common mistakes
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Incomplete Information: Failing to fill in all required fields can lead to delays or complications. Ensure that the names of the Grantor and Grantees are clearly stated, along with the property description.
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Incorrect Property Description: Providing an inaccurate or vague description of the property can create legal issues. Always include a detailed description or attach an exhibit that clearly identifies the property.
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Not Including the Right of Survivorship: If the intention is for the Grantees to hold the property as joint tenants with the right of survivorship, this must be explicitly stated. Omitting this can lead to unintended consequences.
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Failure to Acknowledge the Deed: The deed must be properly acknowledged before a notary public. Without this step, the deed may not be legally valid.
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Ignoring Confidentiality Rights: Remember that individuals can remove sensitive information, such as Social Security or driver's license numbers, before filing. This helps protect personal information from public records.
Key takeaways
When filling out and using the Gift Deed Texas form, consider the following key points:
- Confidentiality Rights: If you are a natural person, you have the right to remove your Social Security number or driver's license number from the form before filing.
- Grantor and Grantees: Clearly identify the Grantor (the person giving the gift) and the Grantees (the people receiving the gift). Make sure their names are spelled correctly.
- Property Description: Provide a detailed description of the property being gifted. This can be included directly on the form or attached as an exhibit.
- Joint Tenancy: Understand that the Grantees will hold the property as joint tenants with rights of survivorship. This means if one Grantee passes away, the other automatically inherits the entire property.
- Restrictions and Conditions: Be aware that the property may be subject to existing restrictions, covenants, or easements. These should be noted if they are applicable.
- Homestead Status: Indicate whether the property is part of the Grantor's homestead. This can affect the legality of the transfer.
- Notary Requirement: The form must be acknowledged by a notary public. Ensure that this step is completed to validate the deed.
By following these guidelines, you can help ensure that the Gift Deed is filled out correctly and serves its intended purpose.
Steps to Using Gift Deed Texas
Once you have the Gift Deed Texas form in hand, it’s time to fill it out carefully. This document will need to be completed with specific information about the property being gifted and the parties involved. After you’ve filled out the form, you’ll need to have it notarized before filing it with the appropriate county office.
- Prepare the form: Start with the header section. Fill in the names and addresses of the Grantor (the person giving the gift) and the Grantees (the people receiving the gift).
- Insert the property details: In the section that asks for a description of the property, clearly describe the tract or parcel of land. If you have a legal description, attach it as an exhibit.
- Reference prior instruments: If applicable, include any prior instrument references, such as Book, Page, and Document numbers related to the property.
- Specify joint tenancy: Indicate that the Grantees will hold the property as joint tenants with right of survivorship. This means if one Grantee passes away, the other will automatically inherit the property.
- Address restrictions: Acknowledge any existing restrictions, covenants, conditions, and easements that may affect the property.
- Homestead status: State whether the property is part of the Grantor’s homestead or not. If it is part of the homestead, both spouses must sign the document.
- Date and sign: Write the date of the gift and have the Grantor sign the document. Make sure the name is printed clearly below the signature.
- Notarization: Take the completed form to a notary public. The notary will need to witness the Grantor’s signature and will fill out their section of the form.
- Submit the form: After notarization, file the Gift Deed with the county clerk's office in the county where the property is located. Ensure you keep a copy for your records.