Allocation of shares to children based on maternity capital from sole ownership without a notary

Author of the article: Anastasia Ivanova Last modified: January 2020 1308

An agreement implying the gift of a share in an apartment to a minor must be drawn up in accordance with the law and taking into account the nuances relating to transactions in which children are participants . Where to go to get help in drawing up a deed of gift and what formalities will need to be followed so that the child can enter into an inheritance in the future, read below.

Features and difficulties

There are many features in giving.

For example, regarding the subject of this transaction.

On the one hand, it is the donor, that is, a person who is related to the recipient, perhaps a relative, but perhaps not.

It is also necessary to understand that the second party in this situation is a minor who cannot yet, in the full sense of the word, be responsible for his actions, and therefore, in fact, cannot independently accept the gift.

This should be done for him by his legal representatives - guardians and trustees .

Another feature of the gift is that it does not require formal registration of the contract by a notary.

All you have to do is download the contract form from the Internet and fill it out. You can also draw up a preliminary agreement yourself and then consult with a lawyer.

Notarization in this case is only your whim.

Form of agreement for donating a share of an apartment to a minor child (sample).

The apartment belongs to one person

If the property is individually owned, such identification is not required. That is, if during a transaction a separate object is separated from the whole, there is no need to have the transaction certified by a notary. Initially, the transaction takes place with property that is not in shared ownership, and it is the alienation of shared ownership that needs to be certified. This also applies to the allocation of shares to children under a notarial obligation when maternity capital was used for the purchase.

Example: the owner of an apartment solely owns the apartment and decides to donate ½ part to another person. The parties can enter into a gift agreement and register it with the department of state registration, cadastre and cartography. If in the future the donee decides to alienate the share in the right to the apartment that he now owns, he will have to formalize such a transaction by a notary.

In what case is it possible?

Donating a share of an apartment to a child is possible subject to certain important conditions specified in the Civil Code.

So, the first and most important of them is the fact that the minor has a legal representative . Otherwise, he cannot accept the gift on his own.

Also, if the gift of a share in an apartment to children occurs in a family, then both spouses must agree to this transaction. For example, a father bought an apartment and decided to give its share to his son from his first marriage. But his current wife is against such an action and does not give her consent.

Due to the fact that all property acquired during marriage is jointly acquired, the transaction will not take place due to the lack of consent of one party.

What does a sample agreement for donating an apartment to two recipients in equal shares look like?

In practice, there are cases when a purchase and sale transaction is veiled under a deed of gift.

However, if the fact of forgery is revealed, the entire process will be canceled. How to donate a share in common joint property?

• Contact a notary organization. The transaction is certified in the simultaneous presence of the donor, donee or proxies.

Persons who have a share with you in the real estate that is the subject of the transaction do not participate either directly or indirectly in the process.

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How to give?

In order to give real estate as a gift, it must first be in your direct ownership .

Also, do not forget that you can formalize a donation in two ways - by contacting a notary, and by contacting the body that registers real estate transactions, in other words - Rosreestr .

You must collect a package of necessary documents in proper form. In addition, you should contact a representative of the minor who could help him accept the gift.

Remember that it is strictly forbidden to simultaneously act as a donor and a representative of the recipient.

After the documents are collected, you either visit a notary, who properly draws up a power of attorney, or go to Rosreestr with the representative’s signature on the papers.

There they check all the documents and information you provide, study them carefully and only then register both the transaction and the documents, and after that your child becomes the full owner.

Certification of deed of gift by a notary

After the parties to the transaction have agreed on all the conditions and drawn up an agreement, it must be certified by a notary. For this purpose, the employee of the notary office should be provided with the same package of documents that the parties to the transaction used when drawing up the agreement.

The notarization of a deed of gift has a number of features, among which the following should be highlighted:

1. The notary checks all participants in the transaction for legal capacity. This is especially true for grandparents who decide to donate part of their real estate to a minor grandson;
2. A child under 14 years of age may not be present at the certification of the document, since all formalities will be performed by his legal representative;
3. If the child is 14 years old, he should be present when the deed of gift is certified, regardless of the fact that a legal representative will be next to him.

When certifying a deed of gift, the notary enters data about the document into the register, and on the agreement he puts the date of certification, the entry number in the registry database and his data.

Notarization of a gift deed is a paid procedure, the tariff of which will vary depending on the region in which the parties to the transaction live.

After the document is certified, the parties to the transaction must register it in order for it to come into force.

Collection of documents

Of course, in order to apply for registration of a gift, it is necessary to correctly collect the documents. The very fact of whether your documents will be accepted or not depends on this.

Therefore, you need to pay great attention to drawing up the necessary package of documents - this is what we will do.

The first thing that should be in your folder is an application for state registration of rights to real estate and transactions with it.

You must also have a document that would indicate that you, as expected, paid the state fee , which means you can apply for a government service.

Since one of the parties to the donation is a minor, there must be a document proving the rights of his representative. In our case, this is a power of attorney.

Since three people are involved in the transaction - the parties and the representative, everyone must be identified. Therefore, it is necessary to present passports and original birth certificates of minors if they have not reached the age of fourteen.

Since property is alienated in favor of a specific person, you must have evidence that this property is actually owned by the donor.

To do this, you need to present documents that would indicate for you that you are the owner, for example, a certificate of ownership .

Don’t forget about such an important and at the same time necessary document as a gift agreement. We talk about the basic requirements for drawing up a donation agreement for a share of an apartment in the next article.

If you are married to your spouse, he must notarize his consent for you to give the child real estate. Consent is required even regardless of the fact that the spouse acts as the child's representative.

If you are divorced and want to donate property acquired during marriage, you have the right to do so without the consent of your spouse only after three years have passed from the date of divorce.

It is also necessary to obtain a certificate from the BTI authorities that would confirm the direct registration address of each of the participants in the donation.

Now let’s figure out how exactly a contract for donating a share of an apartment to a minor child should be drawn up.

Donation of property in joint or shared ownership

The problems of divorce and division of property have become very acute recently. This publication will cover questions such as: is the gifted property divided and is the deed of gift considered jointly acquired property? Important! If you are considering your own case related to the gift of property during a divorce, then you should remember that:

• Each case is unique and individual.
• Understanding the basics of the law is useful, but does not guarantee results.
• The possibility of a positive outcome depends on many factors.

Is gifted property divided in a divorce? According to the RF IC, only the common property of spouses is subject to division.

How to draw up a contract?

A deed of gift for children for a share in an apartment is a document that contains an agreement to act when one party gives something as a gift to the other.

The contract for the child must also be drawn up in accordance with the rules .

The content of this document is always the same, so you can easily find a sample agreement for donating a share in an apartment to a minor child on the Internet. But it’s also worth remembering that you must edit the contract to suit yourself, some things you need to include and some you don’t.

The rights and obligations of the parties must be specified in the gift agreement . That is, the donor must donate the property, and the recipient must accept it or fulfill some condition in order to accept it. In our case, for example, finish school, enter a university, and so on.

The contract also clearly states the circumstances for which the parties are necessarily responsible.

So, for example, if the donor knows that there are shortcomings in his gift that can cause various types of damage to the recipient, for example, material or, even worse, physical damage, then the donor will definitely have to compensate for it.

The conditions as a result of which this agreement is terminated must also be specified.

For example, if the donee did not fulfill the conditions that were specified in the contract, then it must certainly be terminated.

There are also other circumstances that affect the termination of the contract.

Cost and terms

The final amount that will have to be spent on drawing up documents is influenced by the method of executing the contract. If you decide to use the services of a notary, there will be additional fees.

Be prepared to pay:

Theoretically, the donor should pay all expenses, but in practice the opposite is possible.

As for the timing, this point largely depends on how the donation of a share of the apartment is formalized. If citizens decide to collect documents on their own and personally contact the registration chamber, then the donation procedure can last up to 1 month.

It is also worth taking into account that the registration chamber may reject the package of documents if errors are identified in the documentation. As a result, the time frame for the transaction increases.

When specialists in this field are involved in the matter, the donation procedure can last no more than 2 weeks.

By maternity capital

Property acquired under the “maternity capital” program can be gifted, but only to your child . This is evidenced by Federal Law No. 256-FZ of December 29, 2006, which regulates this program.

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About the pros and cons of a deed of gift, as well as what is better - to give or sell, or to draw up a will, whether it is possible to cancel a deed of gift or challenge it, what the law says about donating an apartment that has already been donated, is described on our website.

Instructions for registering a deed of gift for a share of an apartment with the help of a notary

How is a deed of gift for a share in an apartment drawn up? When contacting a notary, you can be 100% sure that the contract will be drawn up efficiently and quickly . Notary services cost approximately 2,000 thousand rubles for filling out an agreement, and the cost of notary services is 0.5% of the value of the property, and in cases of close relationship between the parties to the transaction, 0.2%.

1. Give all documents to the notary.
2. The notary draws up the contract.
3. The parties sign the agreement.
4. Payment for notary services.
5. Payment of state duty.
6. The notary issues certificates with the date of registration.

Next, you just have to wait for the registration to complete. On the appointed date, you can pick up the documents from the notary or at the place of registration .

Is it possible to give an apartment to a minor child, registration of the transaction

1. The transaction does not provide for any obligations to the donor of the apartment, that is, he does not need to be looked after, maintained, etc. P . In other words, the contract implies an unconditional and gratuitous gift.
2. A deed of gift has a significant advantage over a will, consisting in the guaranteed receipt of an apartment by the person to whom it was intended under the contract. If the donor dies, none of the relatives will be able to sue the donated living space.
3. The gift agreement cannot be revoked. This means that the donor cannot change his decision and rewrite the contract to another person.
4. The services of a notary are not required for registration.
5. The State Register requires a minimum of documentation and issues an agreement within 5 days.
6. A donated apartment cannot serve as compensation for debt obligations.

1. If parents have issued a deed of gift for their minor child and then decided to sell it, it is impossible to complete the transaction before the owner of the living space comes of age.
2. The donor cannot note in the deed of gift such a convention as an annuity agreement.

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