Updated on November 2, 2021
A California gift affidavit is a legally binding document that is used to confirm that a particular item was given to a person as a gift. The Affidavits of gifts are used when the gifted items are expensive and an ownership transfer is happening. Having legal proof makes the entire process seamless.
The person gifting an item in the gift affidavit is referred to as the donor while the person receiving the gift is known as a recipient or done. The document shows the intentions of the donor and also proves that there is no payment required in return.
At the top, the date when the affidavit was executed should be indicated.
Other important details that should follow are:
Donor’s details
- Name of the donor
- Donor’s date of birth
- The residence address of the donor
- Social security number of the donor
- Telephone number of the donor
Recipient’s details
- Name of the recipient
- Residential address of the recipient
- Description of the gift
The next section is one where the gift giver states that they are the sole owner of the gift they are transferring to the recipient. They should include the description of the gift and the name of the done as well.
Both parties, the donor and the done, should include their signatures.
Notary acknowledgment
- State and County details
- The date the affidavit is executed
- The name of the undersigned (donor)
- Signature of the notary public
- Name of the notary public
- The date when the commission of the notary public expires
A California gift affidavit should follow California state laws. A gift affidavit is important as it exempts people from paying taxes for gifts such as cars and a huge amount of cash which would have been paid for without a proof of the gift.
