Gift Deed

GIFT DEED

State of Colorado

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE (Minimum 1" top margin required per C.R.S. § 30-10-406)

DOCUMENT INFORMATION

GIFT DEED

KNOW ALL PERSONS BY THESE PRESENTS:

This Gift Deed is made and entered into this _____ day of _________________, 20_____, between the Donor (Grantor) and the Donee (Grantee) named below.

ARTICLE I: PARTIES AND RELATIONSHIP

Section 1.1 Donor (Grantor)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Marital Status:
☐ A single person
☐ A married person dealing with his/her sole and separate property
☐ Husband and wife / spouses
☐ An unmarried person
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

Section 1.2 Donee (Grantee)

Name(s): _____________________________________________

Legal (Mailing) Address (Required per C.R.S. § 38-35-109(2)):
_____________________________________________
_____________________________________________

Vesting:
☐ A single person
☐ A married person dealing with his/her sole and separate property
☐ Husband and wife / spouses, as joint tenants with right of survivorship
☐ As joint tenants with right of survivorship, and not as tenants in common
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

Section 1.3 Relationship of Donor to Donee

The Donee is the Donor's: ☐ Spouse ☐ Child ☐ Grandchild ☐ Parent ☐ Sibling ☐ Other: _________________

ARTICLE II: CONSIDERATION AND GIFT

Section 2.1 Consideration Recital

This conveyance is made for and in consideration of the natural love and affection that the Donor bears toward the Donee, and for no monetary consideration.

☐ No money or other valuable consideration of any kind passes from the Donee to the Donor; OR
☐ Nominal consideration of Ten and No/100 Dollars ($10.00) and the love and affection described above, the receipt and sufficiency of which are hereby acknowledged.

Section 2.2 Gift Statement

The Donor declares that this conveyance is a present, voluntary, and irrevocable gift of the property described below. The Donor intends to and does hereby presently divest himself, herself, or itself of all right, title, and interest in the property and to vest the same in the Donee. The Donor reserves no right to revoke, rescind, or recall this gift. By accepting this Gift Deed (see Article VI), the Donee accepts the gift of the property.

ARTICLE III: CONVEYANCE

Section 3.1 Granting Clause

For the consideration stated in Article II, the Donor hereby GIVES, GRANTS, AND CONVEYS to the Donee, and the Donee's heirs, successors, and assigns forever, all the real property, together with any improvements thereon, situated in the County of _________________, State of Colorado, described as follows:

Section 3.2 Legal Description

See Exhibit "A" attached hereto and incorporated herein by reference.

also known by street and number as: _____________________________________________

Schedule or Parcel Number: _____________________________________________

ARTICLE IV: WARRANTY AND TITLE

Section 4.1 Nature of Warranty (Select One)

☐ GRANT / SPECIAL WARRANTY (against grantor's own acts). Pursuant to C.R.S. § 38-30-113, the Donor WARRANTS THE TITLE to the property AGAINST ALL PERSONS CLAIMING UNDER THE DONOR (but against no others). The Donor covenants only that the Donor has not done or suffered any act by which title has been encumbered during the Donor's ownership.

☐ QUITCLAIM (no warranty). The Donor conveys only the Donor's present right, title, and interest, if any, in the property, WITHOUT ANY WARRANTY of title, express or implied, pursuant to C.R.S. § 38-30-116.

Section 4.2 Limitation Notice

NOTICE: This is a GIFT DEED. The Donee receives the property without payment and, except for the warranty (if any) selected in Section 4.1, takes the property in its present condition, subject to all matters of record. The Donee is strongly advised to obtain title insurance.

Section 4.3 Statutory References

• C.R.S. § 38-30-113 (Statutory deed forms; warranty/special-warranty language)
• C.R.S. § 38-30-116 (Quitclaim deed form)
• C.R.S. § 38-35-101 et seq. (Recording requirements)
• C.R.S. § 38-35-109 (Grantee address requirement)

ARTICLE V: EXCEPTIONS AND RESERVATIONS

Section 5.1 Subject To

This conveyance is made subject to:

(a) General taxes and assessments for the year 20_____ and subsequent years, not yet due and payable;

(b) All applicable zoning, building codes, and governmental regulations;

(c) All covenants, conditions, restrictions, reservations, rights-of-way, and easements of record;

(d) All matters disclosed by an accurate survey and physical inspection of the property;

(e) Rights of parties in possession.

Section 5.2 Existing Mortgage / Encumbrance

☐ The property is conveyed FREE AND CLEAR of any mortgage or deed of trust.

☐ The property is ENCUMBERED by an existing mortgage or deed of trust recorded at Reception No. _________________, with an approximate balance of $_________________. The Donee takes the property SUBJECT TO that encumbrance. The Donee ☐ assumes ☐ does not assume the underlying debt.

Section 5.3 Specific Exceptions

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________

ARTICLE VI: DELIVERY, ACCEPTANCE, AND GIFT-TAX NOTE

Section 6.1 Delivery and Acceptance

A gift of real property in Colorado requires delivery of the deed by the Donor and acceptance by the Donee. The Donor's execution and delivery of this Gift Deed, and the Donee's acceptance below, complete the gift. Recording of this deed raises a presumption of delivery and acceptance.

Section 6.2 Donee's Acceptance

The Donee hereby ACCEPTS the gift of the property described in this Gift Deed.

_____________________________________________
Donee Signature

_____________________________________________
Printed Name — Date: _______________

Section 6.3 Federal Gift-Tax Note

This is a gift and may be a reportable transfer for federal gift-tax purposes.

• Form 709. A gift of real property exceeding the annual exclusion ($19,000 per donee for 2025; indexed annually) generally requires the Donor to file IRS Form 709 (United States Gift Tax Return) for the year of the gift. 26 U.S.C. §§ 2501, 2502.
• Lifetime exemption. Gift tax is typically offset by the Donor's unified lifetime exemption ($13.99 million for 2025) before any tax is actually owed; filing is still required even when no tax is due.
• Carryover basis. Under 26 U.S.C. § 1015, the Donee generally takes the Donor's adjusted cost basis ("carryover basis") rather than a stepped-up basis. This may result in greater capital-gains tax for the Donee on a later sale. Compare the tax effect of a lifetime gift with that of a transfer at death.
• Colorado imposes no state gift tax and no state estate tax.

ARTICLE VII: TRANSFER-TAX (DOCUMENTARY FEE) DECLARATION

Section 7.1 Gift Exemption Statement

This conveyance is a GIFT and is EXEMPT from the Colorado documentary fee.

☐ This is a deed granting or conveying title to real property in consequence of a gift of such property, and is therefore exempt from the documentary fee under C.R.S. § 39-13-104(1)(b).

☐ In the alternative, there is no consideration (or the total consideration is $500.00 or less), and no documentary fee is payable under C.R.S. § 39-13-102(2)(a).

The exemption is claimed at the time this deed is offered for recording, as required by C.R.S. § 39-13-104(2).

Section 7.2 Transfer Declaration

A Transfer Declaration (TD-1000) ☐ is attached as required ☐ is not required for this exempt gift conveyance (confirm with the County Clerk and Recorder).

ARTICLE VIII: EXECUTION

Section 8.1 Donor's Signature

IN WITNESS WHEREOF, the Donor(s) have executed this Gift Deed on the date first written above.

DONOR(S):

_____________________________________________
Signature

_____________________________________________
Printed Name

Date: _____________________________________________

_____________________________________________
Signature

_____________________________________________
Printed Name

Date: _____________________________________________

ARTICLE IX: ACKNOWLEDGMENT

Section 9.1 Colorado Acknowledgment (Individual)

STATE OF COLORADO
COUNTY OF _________________

The foregoing instrument was acknowledged before me this _____ day of _________________, 20_____, by:

_____________________________________________

☐ Witness my hand and official seal.
☐ My commission expires: _____________________________________________

_____________________________________________
Notary Public

[NOTARIAL SEAL]

Section 9.2 Colorado Acknowledgment (Entity)

STATE OF COLORADO
COUNTY OF _________________

The foregoing instrument was acknowledged before me this _____ day of _________________, 20_____, by _________________________ as _________________________ [title] of _________________________ [entity name], a _________________________ [state/type of entity].

☐ Witness my hand and official seal.
☐ My commission expires: _____________________________________________

_____________________________________________
Notary Public

[NOTARIAL SEAL]

Section 9.3 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

The foregoing instrument was acknowledged before me this _____ day of _________________, 20_____, by:

_____________________________________________

☐ Witness my hand and official seal.
☐ My commission expires: _____________________________________________

_____________________________________________
Notary Public

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

County of _________________, State of Colorado

COLORADO RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Documentary Fee (State Transfer Tax) on Gifts

Documentary Fee Exemptions (C.R.S. § 39-13-104)

• Any deed granting or conveying title to real property in consequence of a gift of such property — § 39-13-104(1)(b)
• Deeds to or from governmental agencies (§ 39-13-104(1)(a))
• Correction deeds; documents securing indebtedness; future interests; rights-of-way and easements

Required Accompanying Documents

1. Documentary Fee — Not payable for an exempt gift; claim the exemption on the face of the deed.
2. Transfer Declaration (TD-1000) — Confirm whether required for this exempt conveyance.
3. Recording Fee — Paid to County Clerk and Recorder (flat $43 per HB24-1269, effective July 1, 2025).

Document Format Requirements (C.R.S. § 30-10-406)

• Paper size: 8.5" x 11" preferred (up to 8.5" x 14" accepted)
• Margins: Minimum 1" top on first page; 0.5" left, right, and bottom on all pages
• Black ink; legible, minimum 10-point font; original signatures required

Important Legal Notes

1. Constructive Notice / Priority: Recording provides constructive notice (C.R.S. § 38-35-109). Colorado is a race-notice state.
2. Delivery & Acceptance: A gift is not complete until the deed is delivered and accepted; record promptly.
3. Carryover Basis: The Donee generally takes the Donor's basis (IRC § 1015); weigh against a step-up at death.
4. Title Insurance: Donees should consider obtaining title insurance, especially with a quitclaim gift.
5. Legal Counsel: Consultation with a licensed Colorado attorney is recommended.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Colorado attorney before using this form.