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With gifts of real property, the recipient of the gift (grantee or donee) is not required to declare the amount of the gift as income. But if the property accrues income after the transaction, the grantee is responsible for paying the requisite state and federal income tax [1]. In Delaware, there is no state gift tax.
The Process of Transferring Property Identify the recipient or donee. Discuss the terms and conditions of the transfer 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.
Also called a non-warranty deed, a quitclaim deed conveys whatever interest the grantor currently has in the property if any. The grantor only "remises, releases, and quitclaims" their interest in the property to the grantee. There are no warranties or promises regarding the quality of the title.
In order for a deed to be valid and enforceable, it must be in writing; describe with specificity the property conveyed; specify the names of the grantor and grantee; be signed; be sealed; be acknowledged; and be delivered.
If you wish to remove someone from a deed, you will need their consent. This can be done by recording a new deed, which will require their signature. If the person in question is deceased, you will need their death certificate and a notarized affidavit along with the new deed.
Delaware taxes real estate transfers at 4% of the purchase price for the property being transferred. However, Delaware law has a provision that allows for the county where the property being sold to levy a real estate transfer tax of 1.5%.
A Delaware quit claim deed is a deed used by a seller of real estate to transfer his or her interest to a buyer of real estate. Unlike a warranty deed, this type of deed does not include a guarantee that the property is free from other interests.