Professional Advice for Gifting Property Within the Family​

 

At J.V. Geary Solicitors, we regularly assist clients who wish to transfer property or land to family members by way of gift. These voluntary transfers – often between parents and children – can be a thoughtful part of estate planning, a way to help a child build a home, or a decision made for personal or tax reasons.

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While these transfers may feel informal or “straightforward,” they carry significant legal and tax implications. With proper legal advice, you can ensure that your gift is effective, compliant, and protective of your family’s interests in the long term.

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Common Situations for Voluntary Property Transfers

We frequently assist clients in the following types of voluntary property transactions:

• Gifting a site to a child to build a house on family land

• Transferring a family home from parent to child as part of estate planning

• Passing on a farm or land to the next generation

• Adding a spouse’s name to the title of a home or transferring ownership within a marriage

• Gifting a property to another family member such as a sibling, niece/nephew or grandchild

 

In all these cases, the property is transferred without payment. This does not make the process less complex — it still involves contracts, registration, and tax filings.

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The Legal Process: What’s Involved

Although no money changes hands, a voluntary transfer must follow formal legal procedures to be valid. The process typically involves:

• Independent legal representation for both parties (donor and recipient)

• A title review and preparation of a compliant site map (if applicable)

• A formal valuation to determine the current market value

• Drafting of a Deed of Transfer, setting out the terms of the gift

• Execution of legal documents, with appropriate declarations

• Stamp Duty filing and payment based on market value

• Registration of the new ownership with the Land Registry

 

We ensure that the legal documents are accurate, that any rights (such as a right of residence or access) are properly protected, and that the new owner receives clean, registered title.

 

Understanding the Tax Implications

Voluntary transfers can give rise to several tax considerations:

Stamp Duty

• Even in a gift situation, stamp duty applies — calculated on the property’s market value, not a sale price. Reliefs may be available in certain family transfers (e.g. parent to child or on farmland), but proper filing is essential to claim them.

Capital Acquisitions Tax (CAT)

• This is a tax on gifts and inheritances. Children can receive property up to a certain threshold from parents tax-free. If the gift exceeds the threshold, 33% tax may apply on the excess. Spouses are fully exempt from CAT.

Capital Gains Tax (CGT)

• The person giving the property may be liable for CGT if the property has increased in value since it was acquired. There are generous reliefs for principal private residences and transfers of sites or farms in certain conditions.

 

We advise on all these taxes and, where needed, liaise with your accountant or tax adviser to ensure all Revenue obligations are met.

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Important Legal Considerations

Before gifting property, it’s important to consider:

• Future family disputes – A gift can create misunderstandings or inheritance conflicts

• Fair Deal scheme – Gifts made within five years may affect nursing home support assessments

• Clawbacks – Some tax reliefs are subject to conditions; if these aren’t met, tax may become payable later

• Financial security – Once a property is transferred, it is no longer owned by the donor

• Marital breakdown or insolvency – A gifted property could become part of divorce proceedings or exposed to creditors

 

We help you consider all relevant risks and ensure the transaction is right for your circumstances.

 

How We Help

At J.V. Geary Solicitors, our role is to guide you through every stage of a voluntary transfer. Our service includes:

• Explaining the legal and tax implications in plain English

• Drafting a bespoke Deed of Transfer that protects both parties

• Coordinating valuation, mapping, and declarations

• Ensuring compliance with all Revenue requirements

• Managing Land Registry registration of the new ownership

• Advising on rights of residence, access, and long-term implications

 

Our goal is to ensure your gift is not only legally valid, but also fair, transparent, and secure for all involved.

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Get in Touch

If you are considering transferring property to a family member, we are here to help. With offices in Castlebar and Dublin, J.V. Geary Solicitors provides trusted, experienced legal support for clients across Ireland.

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Contact us today to arrange a consultation. We will talk you through the process, outline any costs or taxes involved, and make sure your family property transfer is handled with care and precision.