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Gift Affidavit Basics

If you've received, or given, a gift you might have to prove it wasn't a loan or financial transaction with a Gift Affidavit. This is especially true if the item's worth a lot of money or something that is not typically given away. A Gift Affidavit can help show that no money was, or will be, involved.

Use the Gift Affidavit document if:

  • You gave someone a gift, and want formal proof.
  • Someone gave you a present and you want a formal statement to prove it.
  • A court has asked you to swear than an item was a gift.

A Gift Affidavit is a sworn statement that something was, indeed, given as a gift. That means no money changed hands, it wasn't a loan, and nothing else is being sought for in exchange for the gift. It's unlikely that you need a Gift Affidavit for the average birthday presents, however, if you're giving someone a house or an early Picasso then a Gift Affidavit may be necessary. After all, one or both of you may have to prove it's a gift for tax reasons - and in the case of a divorce a Gift Affidavit can help sort out what property is jointly owned at what isn't. A Gift Affidavit is your way of formally saying something was a present.

Other names for this document: Affidavit of Gift, Gift Affidavit Form


Sample Gift Affidavit

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Gift Affidavit Basics

A Gift Affidavit is a sworn statement that something was, indeed, given as a gift. That means no money changed hands, it wasn't a loan, and nothing else is being sought for in exchange for the gift. It's unlikely that you need a Gift Affidavit for the average birthday presents, however, if you're giving someone a house or an early Picasso then a Gift Affidavit may be necessary. After all, one or both of you may have to prove it's a gift for tax reasons - and in the case of a divorce a Gift Affidavit can help sort out what property is jointly owned at what isn't. A Gift Affidavit is your way of formally saying something was a present.

Other names for this document: Affidavit of Gift, Gift Affidavit Form

Use the Gift Affidavit document if:
  • You gave someone a gift, and want formal proof.
  • Someone gave you a present and you want a formal statement to prove it.
  • A court has asked you to swear than an item was a gift.
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