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In order to gift a house or other real estate to a family member, the current owner of the property will need to sign a Gift Deed to give the property to the family member.
Gift Deed ? A gift deed is a special type of grant deed that ?gifts? ownership of real property interest to another person or entity. This deed is different from a standard grant deed because it specifically designates that the transfer was not subject to a sale, and the grantor received no monetary compensation.
Do you have to pay taxes on a gift deed in Texas? Yes, gift taxes can be a factor when transferring ownership of real estate, but only if the property is valued over the federal gift limit.
Ing to Texas Property Code § 5.021, a deed must be in writing, it must be signed by the grantor, it must include a legal description of the property, and it must be delivered, at which point the title immediately passes from the grantor to the grantee.
Gift Deed or Warranty Deed? Words Have Consequences. Generally, in an unambiguous deed, parol evidence cannot be used to ascertain the intent of the parties, so a warranty deed will be held to be a purchase and not a gift, and gift deed will be a gift. Parol evidence will not be received to contradict the instrument.