Most people assume a deed only changes hands when there’s a sale. In reality, a large share of Maryland deed transfers involve no money at all — what real-estate law refers to as no-consideration transfers.

Even though no money changes hands, these transfers must be done correctly to avoid recordation/transfer tax issues, title defects, and estate-planning problems.

This post breaks down:

• What counts as a no-consideration transfer

• The most common situations where these deeds are used

• Mistakes to avoid

• Why hiring a real-estate attorney can prevent costly issues later

What Is a No-Consideration Deed Transfer?

A no-consideration transfer is any property transfer where one owner conveys real estate to another without payment of a purchase price.

Common reasons include:

• Estate planning

• Funding a trust

• Divorce or separation

• Adding or removing a spouse or family member

• Moving property into or out of an LLC

• Clearing up title issues after someone passes away

The Maryland land records system doesn’t care that there is “no money.” It cares whether the deed is:

• Legally accurate

• Properly exempt from recordation and transfer taxes

• Clear for future buyers and title companies

Common No-Consideration Transfer Scenarios

1. Deeding Property Into a Revocable Living Trust

This is one of the most common no-consideration transfers.
Typical reasons include:

• Avoiding probate

• Ensuring smooth transition of property at death

• Aligning title with an updated estate plan

Key issues to watch:

• The trust name and date must match exactly

• Lenders sometimes require notice

• The transfer may qualify for recordation/transfer-tax exemptions

To learn more about trusts, consider reviewing your estate planning strategy (inbound link already above).

2. Adding or Removing a Spouse or Family Member

You may need to update a deed:

• After marriage

• After divorce

• When gifting property to a child

• When adjusting family ownership shares

Issues to consider:

• Form of ownership: tenancy by the entirety, joint tenants with right of survivorship, or tenants in common

• Marital property rights

• Whether exemptions for spousal or family transfers apply

These transfers can significantly affect inheritance and creditor exposure.

3. Transferring Property To or From an LLC

Clients often want to “put their rental property into an LLC.”
While this can help with liability concerns, the transfer must be done carefully.

Considerations include:

• Lender consent

• Ensuring the LLC is properly formed and authorized

• Understanding whether the transfer triggers recordation tax

• Whether the LLC is owned by the same person(s), which impacts exemptions

4. Estate, Probate, and Confirmatory Transfers

When someone dies, property might need to be transferred to:

• A surviving joint owner

• A named beneficiary

• The heirs under Maryland law

• A trust

Even if no money is involved, the deed must clearly identify:

• The signing authority (personal representative, trustee, etc.)

• References to probate filings

• Applicable tax exemptions

Confirmatory deeds are also common to fix errors in prior deeds — mistakes a clerk may have recorded but which title companies cannot ignore.

Is a DIY No-Consideration Transfer Safe?

Many owners try to use online templates or DIY forms.
That often leads to:

• Incorrect exemptions → unnecessarily paying thousands in taxes

• Incorrect trust/LLC names → clouded title

• Wrong survivorship language → unintended inheritance results

• Clerk rejection → delays during contract deadlines

Even small drafting errors can create major issues when:

• Refinancing

• Selling the property

• A spouse or co-owner dies

• An LLC dissolves

How an Attorney Helps

When I assist with a no-consideration deed transfer, I handle:

• Reviewing the existing deed and chain of title

• Confirming your ownership objectives

• Structuring the transfer to avoid unintended tax or legal consequences

• Drafting the correct deed form

• Preparing all necessary affidavits and exemption language

• Coordinating proper notarization, including RON

• E-recording the deed with the county land records

A well-drafted deed avoids costly surprises later.

External Links for Further Reference

Here are two reputable resources for readers seeking additional background:

• Maryland State Department of Assessments and Taxation (SDAT) — Overview of recordation and transfer taxes:
  https://dat.maryland.gov/realproperty/Pages/Recordation-Transfer-Tax.aspx. 

• Maryland Judiciary / Land Records Portal (MDLANDREC): https://mdlandrec.net. 

Final Thoughts

No-consideration transfers—whether between family members, into a trust, or involving an LLC—can be powerful tools for estate planning and asset protection. But because Maryland’s deed rules are technical, even a small mistake can create long-term issues.

If you’re considering any deed change where no money is exchanged, it is wise to speak with a Maryland real-estate attorney so the transfer is structured properly and the correct exemptions are applied.

At Gentile Property Law Office, LLC, I regularly assist clients with deed transfers, estate planning, and property-ownership restructuring throughout Maryland and the Washington, DC area. If you need help transferring property or reviewing your estate plan, please visit my Deed Transfer Services page or learn more about Estate Planning solutions to see how I can help.

Legal Disclaimer

This blog post is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship with Gentile Property Law Office, LLC.