DC Deed transfer FAQs

Published by Joseph Gentile on October 4, 2024October 4, 2024

I was recently married and want to add my new spouse to title, will this be taxed?

Whether you were recently married or married fifty years ago, adding or removing a spouse from the title to a property is exempt from Recordation and Transfer taxes.

I have a partner and would like for his name to be added to the deed. How much will this cost?

It depends. Domestic partners are exempt from paying Recordation and Transfer taxes, but they must provide proof of their committed relationship by registering as a Domestic Partnership with the Department of Health.  If proof of this registration is provided, Recordation and Transfer taxes will be exempt and the only cost will be for Deed preparation and recording.  If you are unable to provide this proof, Recordation and Transfer taxes will be due as well.

How much are the Recordation and Transfer taxes?

Once again, it depends, but this time it will depend on the assessed value of the property and the percentage of ownership being transferred.

I want to add my grandchild to the Deed; will that trigger Recordation and Transfer taxes?

No, transfers from parents to a child or grandparents to a grandchild are exempt. It is exempt in the other direction as well.

My mother was the sole owner and recently passed away. We set up an estate and I was appointed Personal Representative, what do we do now?

You can contact us about preparing a Deed of Distribution so that the property can be transferred out of the estate and to the intended heirs.

I owned the property with my spouse but she recently passed away. Do I need to remove her name from the deed?

It depends on how you held title previously. Presumably you held title as tenants by the entirety, in which case the property automatically passed to you as the surviving spouse. If that is the case, it is not legally necessary to change the deed, but you may want to do so anyway to avoid potential future issues or confusion.

What about if I add my brother to title?

The District of Columbia does not recognize an exemption for sibling transfers, so adding or removing a sibling will be a taxable transaction.

We recently set up a revocable trust and would like for the property to be moved into the trust. Will this be taxed?

As long as the individual transferring the property is also the beneficiary of the revocable trust, there will not be a Recordation or Transfer Tax due.

Where can I find more information on this subject?

The DC Government website lists all the possible exemptions from Recordation Taxes, http://otr.cfo.dc.gov/otr/frames.asp?doc=/otr/lib/otr/rod_move/rod-7.pdf, and from Transfer Taxes, http://otr.cfo.dc.gov/otr/frames.asp?doc=/otr/lib/otr/rod_move/rod-8.pdf.

I want to go ahead and move forward with the Deed change, what should I do next?

Contact an attorney at Gentile Property Law Office (joseph@gentileproplaw.com) and we can prepare the paperwork, handle the signing and record the Deed.