If you're recording a deed in Indiana, you may run into a form called the Sales Disclosure Form. This page explains what it is, when you actually need it, and why a true family gift is often treated differently than a sale.
The short version:
Indiana's Sales Disclosure Form is built around transfers where real money changes hands. A genuine gift, with no payment at all, generally isn't the kind of transfer the form is meant to cover. Even so, many counties like to see either the form or a clear written note explaining why it doesn't apply, so it's worth checking with your county auditor before you assume you can skip it.
What Is the Sales Disclosure Form?
The Sales Disclosure Form, officially State Form 46021, reports the sale price, the parties involved, and details about the property. Indiana counties use it to keep their property assessments accurate and fair.
The form is tied to Indiana's legal definition of a "conveyance" — and that definition is the key to understanding when you actually need it.
The Word That Changes Everything: "Consideration"
Indiana law defines a covered transfer as one made for valuable consideration — in plain terms, something of real value paid for the property, most often money.
A transfer with no consideration at all generally isn't treated as a covered conveyance under this law. That means a true gift — say, a parent giving a home to a child with nothing paid in return — often falls outside the form's core requirement.
Worth knowing:
"Not legally required" and "no county will ever ask for it" aren't the same thing. Many county auditors are used to seeing the form for every transfer and may expect it, or a written explanation, even on a true gift. A quick call to your county auditor's office can save you a trip.
The Quitclaim-Specific Wrinkle
Indiana law also draws a line between two kinds of quitclaim deeds:
- A quitclaim deed that serves as the source of title — meaning it's the actual document that establishes someone's ownership
- A quitclaim deed that does not serve as a source of title — meaning it's just clearing up a smaller title question, like a possible claim someone gives up
A quitclaim deed that's simply clearing up a title question, rather than doing the main work of transferring ownership, is treated as exempt from the Sales Disclosure requirement. This is a fairly technical distinction, so if you're not sure which category your situation falls into, it's worth asking your county auditor or a real estate attorney.
What Actually Happens If You File It
If your transfer does need the form, here's the general process:
- You (and the other party, in most cases) fill out and sign the Sales Disclosure Form.
- The form goes to the county assessor first, who checks it for accuracy and completeness.
- Once approved, it's submitted to the county auditor along with your deed.
- The auditor won't accept your deed for the next step (recording) without a properly completed form, if one is required.
If your transfer involves a filing fee for the disclosure, it's typically a modest flat amount, separate from your regular recording fee.
How This Fits Into Your Indiana Quitclaim Deed
Before you head to the county auditor, take a moment to decide whether your transfer involved real payment or was a genuine gift. That'll tell you whether the Sales Disclosure Form applies, and whether your quitclaim deed is establishing ownership or just clearing up a title question.
See the main Indiana Quitclaim Deed Instructions page for the complete step-by-step process, including the county auditor endorsement step this form is part of.
Indiana Sales Disclosure Form FAQ
What is Indiana's Sales Disclosure Form?
It's State Form 46021, used to report the sale price and details of a real estate transfer made for valuable consideration, so the county can accurately assess the property.
Do I need a Sales Disclosure Form for a gift between family members?
Often not. Indiana law generally applies the form to transfers made for valuable consideration. A transfer with no consideration, like a true gift, generally isn't considered a covered conveyance. Many counties still want to see the form or a written explanation, so check first.
What does "not serving as a source of title" mean for a quitclaim deed?
It refers to a quitclaim deed used only to clear up a small title question, rather than to actually establish someone's ownership. Deeds used this way are treated differently than a quitclaim deed that's the main document creating someone's ownership.
Who reviews the Sales Disclosure Form?
The county assessor reviews it for accuracy and completeness first, then the county auditor accepts it as part of endorsing the deed for recording.