Wisconsin Gift Deed - Individual to Individual

State:
Wisconsin
Control #:
WI-020-78
Format:
Word; 
Rich Text
Instant download

Definition and meaning

A Wisconsin Gift Deed is a legal document used to transfer ownership of real estate from one individual (the Grantor) to another individual (the Grantee) without monetary compensation. This type of deed is often used in personal transactions, such as gifting property to family or friends. The Gift Deed formalizes the arrangement and provides a clear record of the transfer for legal and tax purposes.

Key components of the form

The Wisconsin Gift Deed includes essential elements such as:

  • Parties involved: Names and addresses of both the Grantor and Grantee.
  • Property description: A detailed description of the property being transferred.
  • Consideration: The nominal value of zero dollars ($0.00) is typically noted to indicate the gift.
  • Signing and notarization: Sections for signatures and notary acknowledgment, ensuring the document's validity.

How to complete a form

To fill out a Wisconsin Gift Deed, follow these steps:

  1. Identify the Grantor and Grantee: Clearly state the names and addresses of both parties involved in the transfer.
  2. Describe the property: Provide adequate details about the property to be gifted, including its location and any relevant identifiers.
  3. Complete the consideration section: Indicate that the property is being gifted with zero monetary value.
  4. Sign and date: The Grantor should sign and date the document, and it must be notarized for it to be legally binding.

What to expect during notarization or witnessing

Notarization is an important step in finalizing your Wisconsin Gift Deed. During this process, a notary public will:

  • Verify the identities of the Grantor and Grantee to ensure they are who they claim to be.
  • Ensure that both parties are willingly entering into the agreement without duress.
  • Witness the signing of the Gift Deed to authenticate the document.

After notarization, the deed should be recorded with the appropriate county office to provide public notice of the transfer.

Who should use this form

The Wisconsin Gift Deed is particularly useful for:

  • Individuals wishing to gift property to family members, such as parents giving property to children.
  • Friends or partners looking to transfer property without financial transactions.
  • Anyone wanting to ensure their gift of property is documented legally.

This form is ideal for situations where no money is exchanged, but ownership needs to be transferred formally.

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FAQ

Think about IHT implications potentially exempt transfer Be aware of the rules on gifts with reservation of benefit You will no longer be the legal owner of the property. Risk from outside parties. Don't forget capital gains tax.

Outright gift First, offset the amount of the gift by using your $15,000 annual gift-tax exclusion. Remember it is $15,000 per donor per donee (gift recipient). So if you and your spouse make a joint gift to both your child and his spouse, you can offset $60,000 of the home's value (4 x $15,000) for gift tax purposes.

You may be able to transfer your interest in the property through a quitclaim deed, where you relinquish all ownership of the property to someone else. Your lender may also agree to add another name to the mortgage. In this case, someone else would be able to legally make payments on the mortgage.

To sign over property ownership to another person, you'll use one of two deeds: a quitclaim deed or a warranty deed.

To transfer a property as a gift, you need to fill in a TR1 form and send it to the Land Registry, along with an AP1 form. If either side is not using a Solicitor or Conveyancer, an ID1 form will also be needed.

The Takeaway. California doesn't enforce a gift tax, but you may owe a federal one. However, you can give up to $15,000 in cash or property during the 2019 and 2020 tax years without triggering a gift tax return.

Put your full name, as shown on your original deed, and your current address. Fill in the grantee section of the deed. The grantee is the recipient, so enter your full name and the name of your spouse, followed by your addresses. Put "as husband and wife" after your names.

Identify the donee or recipient. Discuss terms and conditions with that person. Complete a change of ownership form. Change the title on the deed. Hire a real estate attorney to prepare the deed. Notarize and file the deed.

Living in the House Moving into the house is one way to avoid capital gains. Tax law exempts $250,000 on the sale of your personal home, or $500,000 if you're married and file jointly. You must own the house for two of the five years before you sell and live in it for two of the five years.

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Wisconsin Gift Deed - Individual to Individual