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When may a deed be an inter vivos gift?

Bar Exam Prep Real Property Conveyances When may a deed be an inter vivos gift?

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🏠 Real Property • Conveyances PROP#173

Legal Definition

A deed can be an inter vivos gift where there is (1) intent, (2) delivery, and (3) acceptance.

Plain English Explanation

"Inter vivos" is Latin for "between the living." Thus, an "inter vivos gift" is a gift that is given from one living person to another living person. Though most gifts are given this way (e.g., you never think, "Man, I hope I get some inter vivos gifts for my birthday!"), the reason it is so specific when it comes to deeds is because real property is commonly gifted when someone dies.

In other words an "inter vivos gift of a deed" is a super specific way to highlight the fact that the person conveying the property is doing it while they are still alive, and not as part of their will upon death.

With that in mind, all you need in order to gift a deed to someone is to intend to gift it, deliver the deed, and have them accept it.
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