How to re-register an apartment after a divorce

Methods for re-registration of housing in the name of a spouse during the period of a registered union

The first method is to conclude a prenuptial agreement.
This method is implemented in accordance with Art. 34 RF IC. Partners who have signed the agreement can establish different ownership regimes (equity, joint, separate). In addition, the legislation directly states that spouses have the right to enter into a contract both for the property at the couple’s disposal and for that which will appear in their future.

In accordance with the indicated norm, spouses have shares in jointly acquired goods; the husband can transfer his share in favor of his other half.

Such an operation can be performed by deed of gift. This is done through the formation of a deed of gift.

A gift agreement presupposes the legal capacity of the parties signing it. It must be certified by a notary and registered. If this is not done, the document will not have legal force.

The second way is to sign a value sharing agreement. This method is applied in accordance with Art. 38 RF IC. Common benefits are divided between partners by prior agreement.

The contract for the division of valuables is also notarized. The paper defines the parts of each spouse in their possession. The right to a share is transferred through the donation procedure.

How is the marital share inherited?

The inheritance of the spousal share does not differ from the order of inheritance of the entire inheritance. It can be inherited both by law and by will. When inheriting by law, the order of heirs is observed.

The first priority includes the children, spouse and parents of the deceased. It is important to remember that the law determines the persons who must receive a mandatory share of the inheritance. According to the norms of Art. 1149 of the Civil Code of the Russian Federation, disabled parents and the spouse of the deceased, his minor children and persons who were dependent on him for at least a year before his death are entitled to a compulsory share, provided that they cannot support themselves independently due to health or age.

Every person has the right to bequeath any of his property to whomever he sees fit. At the same time, the law protects heirs entitled to an obligatory share and dependents of the testator. However, the order of heirs according to the law, in the case of the existence of a will, no longer plays a role.

There is an opinion that only property for which ownership is officially registered can be bequeathed. But this is a mistaken opinion. After all, a will can be drawn up even when the testator has virtually nothing to his name.

But, in accordance with Article 1120 of the Civil Code of the Russian Federation, a citizen can dispose of all the property that he will ever acquire in the future. The responsibility to establish the volume of the inheritance after the death of a citizen and the proclamation of his will rests with the law on the notary.

Example: There lived two brothers. The eldest had a family - a wife and son. The younger one was lonely. When his older brother’s wife died, he refused to allocate his marital share in the joint apartment and it was completely transferred to his son.

The son died, but he still had his minor son, to whom the apartment became the property. The father did not register the inheritance after his son. When the elder brother died, he left a will in which he left all his property to his younger brother.

The grandson tried to challenge his grandfather’s will, but since he was already an adult, he was denied the rights to inheritance upon presentation. But in the process it turned out that from the inheritance, after the death of the wife, the marital share was not allocated, which was allocated by the notary in charge of the brothers’ inheritance.

In the situation that our client addressed, the legal solution to the issue looks like this:

From an apartment purchased during marriage, but registered in the name of Ilya Vladimirovich, the notary in charge of the inheritance case will allocate the spousal share of his wife. It amounts to ½ of all property acquired during marriage, with the exception of those donated or inherited personally by Ilya Vladimirovich, and his personal belongings.
Since there is a will drawn up in favor of a minor daughter, Ilya Vladimirovich’s rights to inheritance are considered invalid by law. He cannot receive a share in the house left after the death of his wife and part of the marital share in the apartment. He will only have ½ of the apartment left, which belongs to him personally.
If Ilya Vladimirovich does not agree with the will or believes that it was drawn up under pressure or in a drunken state of mind, he can challenge it in court. If the court finds his arguments convincing, then the will will be declared invalid, and the property will be inherited according to the law, in order of priority. In this case, the daughter of the deceased and Ilya Vladimirovich himself are the heirs of the first line and will inherit everything in equal shares. This means that the daughter will receive ½ of the house and ¼ of the entire apartment, i.e. ½ of the notarized marital share of your mother. Although the daughter is a minor, and by law has the right to an obligatory share in the inheritance, this right will not actually increase her share, because it will already constitute exactly half of the mother’s total property.

We suggest you read: Is interest accrued on a loan after the death of the borrower?

Unfortunately, the universe is designed in such a way that life on earth is not eternal and the loss of a loved one is inevitable. It is difficult when someone with whom you spent most of your life passes away. Often one spouse has to bury the other.

How to prepare a package of documents?

We provide you with a list of required documents.

Passports of all owners of shares in the apartment.
Birth certificate of the minor owner.
Consent of the guardianship authorities, if there are minors.
Documents that establish your right to own a share in the apartment. This is the document that lies at the basis of the previous transaction, according to which a certificate of state registration of rights was issued. This could be a privatization agreement (transfer from municipal property to personal use), exchange, certificate of inheritance, purchase and sale, court ruling, etc.
Extract from the Unified State Register of Real Estate.
Consent to sale. It is presented if the real estate was acquired during a legal marriage. This document is drawn up by a notary. This is a kind of permission from one of the spouses to dispose of jointly acquired property. Consent will not be required if the apartment or share in it is owned on the basis of privatization, donation, or inherited.
Certificate of state registration of rights. It may be missing because this document appeared after 1997. After such a registration body as the “Unified State Register of Rights to Real Estate and Transactions with It” arose. Before this, all transactions with property were registered by a notary, and the data was transferred to the BTI. Therefore, to register, you will need to order an extract from the BTI, which takes 2 weeks to prepare and you will have to pay a state fee for it. The state duty is paid by those in whose name the apartment is registered. Details can be found at the location of the registration authority. It amounts to 2000 thousand rubles and is divided if there are several participants.
Technical passport from BTI. Made in BTI. Currently it is losing its existence. It is being replaced by a technical plan. It can be ordered not only from BTI, but also from other state-accredited commercial organizations. Such competition makes it possible to produce a technical plan at a lower cost and in a shorter time.
A certificate issued for the alienation of housing;
A certificate certifying that you have paid property taxes;

If everything is carried out under a gift agreement, then:

Provide a gift agreement;
Extract from home books;
Cadastral passport. A technical document that has a cadastral number and state value at the moment.

The algorithm of actions when re-registering an apartment has a certain sequence:

Preparation of technical documentation for the apartment. Updating or ordering missing documents: technical and cadastral passport for residential premises. An extract from cadastral documents can be obtained from the BTI. If the cadastre passport was issued a long time ago, then it is necessary to call experts again to evaluate the apartment. These documents must be prepared in advance; they take one week to a month to prepare, but their shelf life is quite long.
Obtain consent from other owners. If there are any. It is drawn up by a notary. If the owner is a minor child, one of the parents acts for him and in his interests.
To make an agreement. On the basis on which the apartment will be re-registered. Pay the state fee.
Get certificates from the housing department. Please note that certificates are valid for 10 days. Certificate of absence of debt on utility bills and electricity. A certificate from the passport office about the composition of registered persons in the apartment, otherwise it is called form No. 3.
After the entire package of documents is ready, you need to register with the Federal State Research Center. Personal presence with identification documents of all participants in the transaction is required. With the exception of minor children, in whose interests legal representatives act. If a child has a passport, but has not reached the age of majority, he can independently sign the agreement in the presence of one of the parents.
Re-registration of an apartment or a share in it takes two weeks. After this period, you must obtain a new state registration certificate.

Allocation of the spouse's share according to the law

Art.
34 of the Family Code of the Russian Federation and Art. 256 of the Civil Code of the Russian Federation determines that property acquired together by spouses in an officially registered marriage (or in a civil marriage, but with certain evidence) is the common property of the spouses. And it belongs to both of them, in equal shares. The concept of shared ownership is defined in clause 3 of Article 244 of the Civil Code of the Russian Federation, which states that common property is considered shared ownership. This rule applies to all property of spouses obtained as a result of compensated transactions concluded during marriage. The following property is not considered jointly acquired:

received as a gift by one of the spouses;
inherited by one spouse;
privatized individual housing.

All other property, except for personal belongings and property registered in the name of children, according to the provisions of Art. 39 of the RF IC, is common property. To whom the ownership is actually registered is not important. The portion owned by each spouse in a common apartment or other property is called the marital share.

It is officially separated from common property at the request of one of them, or by voluntary agreement. If a marriage contract is concluded, then the marital shares are calculated according to its terms. It can record the complete refusal of one of the spouses to claim any property acquired during the marriage.

After the death of one of the spouses, according to the provisions of Art. 244 of the Civil Code of the Russian Federation, his share in joint property is subject to allocation for further inheritance. This issue is dealt with by the notary who opened the inheritance case.

In legal circles, this process is called the transition of title ownership to real ownership. This duty is assigned to the notary, Art. 75 of the Fundamentals of the legislation of the Russian Federation on notaries, and the need for the mandatory allocation of the marital share for inheritance is enshrined in Article 1150 of the Civil Code of the Russian Federation.

This article of the code regulates the rights of spouses to common property in the event of the death of one of them. Although this article does not cover all cases of inheritance of marital property, it clearly states that the marital share is part of the inheritance due to all the heirs of the deceased.

In practice, notaries often “do not notice” the marital share. After all, in theory, the allocation of the marital share should occur upon the written application of the spouse claiming the property. But filing such an application is not always in the best interests of that spouse.

After all, if an apartment, house or other property was initially registered in his name, he may hope to exclude it from the inheritance mass in this way if there are other legal heirs or a will has been drawn up.

In such circumstances, the notary is obliged, independently or at the request of other heirs, to allocate the marital share of the deceased spouse. If the notary does not do this and issues the heirs a certificate of the right to inheritance for other property of the deceased, for example, a house she inherited from her grandmother, then it can subsequently be canceled in court.

After the death of the husband, the division of property, if he did not take care in advance and did not leave a will, occurs according to the law.

According to the law, a wife who has lived with her husband all her life has the right to exactly half of the property and property acquired together. Moreover, she has the right to participate in the division of the other half.

Categories of citizens who have the right to participate in the division of property:

A spouse who is legally married to a man.
The father and mother of the deceased, if they are still alive.
Children (if he had several marriages, then all children from all marriages and illegitimate children).

The degree of relationship must be documented.

The fact that the spouses must be in a registered marriage is of great importance. If a spouse dies, even a minute after registration, the wife has the right to inherit exactly half of the deceased’s total property.

If, after the divorce, the now ex-husband dies, the ex-wife cannot claim his property, even if she took part in earning this property while living with her husband.

The parents of the deceased, if they are alive, participate in the division of property in equal shares with the first-priorities of inheritance.

Regarding children, the law does not divide them into legitimate and illegitimate, or between born and adopted. They all have the right to their share in the division of property. But, regarding illegitimate children, the fact of relationship must be proven.

The presence of a marriage contract can make big adjustments, since in a marriage contract spouses can define points that are completely unprovided for in the law.

When concluding a marriage contract, spouses can determine in the contract who owns what property, and can also stipulate how and to whom the property should go in the event of the death of one of the parties.

In this case, the allocation of the spouse’s share occurs on the basis of a marriage contract. But the agreement must have legal force. To do this, it must be correctly and legally drawn up and certified by a notary in the prescribed manner.

The size of the remaining property may vary: if the property to be divided is large, then it may turn out that the share that is due will be enough to live on. But it also happens that the property is not large, but there are many applicants.

To make it clearer, it’s worth considering this example: a man had two wives. He has two children from his first marriage, and two children from his second marriage, but the children are minors. Being in his second marriage, the man did not work for most of the time together, but was often addicted to alcohol, and the main burden of earning money for the family lay on the wife, who carried everything on herself.

And then the husband dies, and after marriage they have a joint apartment and a car. The widow was left with two minor children in her arms, and the inheritance was practically earned by her labor. At the same time, children from the first marriage also apply for division of property. There is no will. There is no marriage contract.

In this case, the widow can:

contact the nearest notary office;
submit an application and documents requesting the allocation of the marital share, indicating a description of all jointly acquired property.

The marital share in the inheritance by law after the death of a spouse occurs when the deceased did not leave a will and there is no marriage contract. The Family Code has an article regulating the allocation of such a share by law.

To be eligible to inherit the compulsory spousal share, the following requirements must be met:

Legal marriage (the spouses must be legally married).
The property must be jointly owned.
Registration of property in the name of both spouses.

We suggest you read: If there is no will, who has the right to inheritance
? The listed requirements must be documented.

In reality, dividing property into exactly half can be very difficult, especially when it comes to securities, assets, and deposits. It happens that the notary's approach to this issue does not suit the remaining widow, in which case the issue can only be resolved through the court.

After the marital share has been allocated, the other half is subject to division among the remaining heirs, including the widow. However, the law provides for a case when all property was distributed among the participants, without allocating the spouse’s share.

This option is only possible when, for example, the wife who remained after the death of her husband writes a statement in which she refuses to allocate the marital share and asks to include it in the property to be divided.

According to existing legislation, husband and wife have equal rights to real estate acquired during marriage. When dividing marital property, the home must be divided in half.

Each spouse can offer the other spouse to buy the other half of the house. If the parties do not come to an agreement, the apartment or house may be:

sold to other owners with subsequent division of the proceeds;
exchanged for two separate housing;
remain in further joint ownership, but with the definition of shares.

A change in share may occur due to legally significant events:

inheritance by a married couple or one of the spouses of parts of the home that belonged to deceased owners;
donations;
share purchases.

For example, if, when purchasing a house, shared ownership was registered between a married couple and their relative, in the event of his death, the share goes to the spouse with whom he was related by blood. After inheritance, the new owner has rights to most of the home ownership.

There are enough everyday situations that lead spouses to decide on the need to allocate a share in a home. The reasons for going to court regarding the division of property may be:

a widowed person asks to determine his share in a joint marriage;
for the purpose of transferring their property to children or any other person or organization;
the second spouse is addicted to alcohol and drugs;
allocation of a share in a home purchased with mortgage money with partial repayment of the cost from maternity capital.

We give an apartment to my wife: the legal aspect of the gift

In life, different scenarios are possible. It happens that before marriage, future spouses do not own residential square meters, and wish to purchase them jointly.

But it often happens differently. For example, when a spouse has residential real estate at his disposal, and he wants to either partially or completely transfer it into the ownership of his wife. Wanting this, a man probably asks a reasonable question: how should such a transaction be formalized and comply with all legal norms?

The legal norm for donation is regulated by Chapter No. 32 of the Civil Code of the Russian Federation.

Following the text of the Civil Code, from the legal side, donation is an act of transfer by one person to another person, subject to the gratuitous basis of this voluntary act.

USEFUL INFORMATION: Disinheritance by law in 2020

Important! When deciding to make a gift to his wife in the form of his own home, the husband must be aware of the fact that he is completely renouncing the right to dispose of the donated apartment in the future

An apartment owned by his wife, how can a husband give his wife his share?

My answer is your feedback. Of course, the owner has the right to dispose of his property at his own discretion, but I will add that in the case of a gift of real estate between close relatives (which includes a wife and child), no tax is charged.

We recommend reading: Amount Taxable Base for Personal Income Tax in 2020

Confirmation of ownership is the corresponding certificate. If the apartment is jointly owned, then you must first allocate shares and register ownership of both spouses. After this, the husband can give his share of the property to his wife.

Agreement for the purchase and sale of an apartment from a notary in 2020

Example No. 1: The Ivanov family has an apartment in Moscow. Since the parents used maternity capital for the purchase, their minor children have shares. Each child has 1/5. They decided to sell the apartment for 6 million rubles. and found a buyer. In their case, a notary is required. For drawing up the agreement, the notary took from them 5,400 rubles, and for its certification - at least 0.5% * 6 million = 30,000 rubles, the notary took only the maximum by law 20,000 rubles. Total 25,400 rub.

If the contract is certified at one's own request

Example No. 2. The Sidirov family bought an apartment in Samara. Their minor son has a 1/6 share in the apartment. Therefore, when selling, a notary is required. They sell the apartment to Ivan and Olga for 3.5 million rubles. They paid the notary 5,000 rubles for drawing up the agreement. For his ID - 0.5% * 3.5 million = 17,500 rubles. Only 22,500 rub.

Then all you have to do is wait until Rosreestr specialists check the entire package of documentation. When everything is ready, an MFC employee will contact both parties. You can receive papers independently of each other at any convenient time. The specialist will tell you which window you need to contact.

Donating a share of an apartment between spouses: how to donate part of the housing from the wife to the husband and vice versa

Property acquired by spouses during marriage is their joint property.
Property acquired by spouses during marriage (common property of spouses) includes the income of each spouse from labor activity, entrepreneurial activity and the results of intellectual activity, pensions, benefits received by them, as well as other monetary payments that do not have a special purpose (amounts of material assistance, amounts paid in compensation for damage due to loss of ability to work due to injury or other damage to health, and others). The common property of the spouses also includes movable and immovable things acquired at the expense of the spouses' common income, securities, shares, deposits, shares in capital contributed to credit institutions or other commercial organizations, and any other property acquired by the spouses during the marriage, regardless of whether in the name of which of the spouses it was purchased or in the name of which or which of the spouses contributed funds.
The right to the common property of the spouses also belongs to the spouse who, during the marriage, managed the household, cared for children, or for other valid reasons did not have independent income.

Under a gift agreement, one party (the donor) gratuitously transfers or undertakes to transfer to the other party (the donee) an item of ownership or a property right (claim) to himself or to a third party, or releases or undertakes to release it from a property obligation to himself or to a third party.

Under what conditions can you give a share to your spouse?

According to the law, marital property is divided in half only if a marriage contract was not concluded between them, which stipulated other options for dividing property.

A prenuptial agreement is essentially a marital contract that stipulates the property rights and obligations between husband and wife. Spouses can enter into this type of agreement from the day they submit an application to the registry office and at any time before the divorce.

A contract concluded before the wedding comes into force only from the moment the relationship is officially registered. Most often, a marriage contract is concluded by citizens who are in the process of dissolving a marriage.

A marriage contract allows you to avoid long litigation and conflicts in the process of dividing property. The agreement may stipulate the regime of separate ownership of registered movable and immovable property.

This form of ownership is beneficial to persons who are remarried and have children of their own. In the event of the death of their parent, children will not be able to claim the home and other types of property of the second spouse.

A marriage contract is only valid if it is notarized. Oral agreements have no force. The terms of the contract can be changed as long as the spouses are married.

they are trying to illegally deprive him of the right to part of the living space;
The deceased spouse's personal property should be considered marital property.

In addition to the wife (husband), adult children have the right to ask for a property share through the court. The requirement may be justified by the fact that the home was purchased at the expense of the deceased, while the living parent did not work anywhere during the period of purchase of the home (apartment). The petitioner files a lawsuit:

statement of claim;
materials confirming the applicant’s claims against the defendant (protocols, videos and photos, witness statements, receipts);
papers establishing family ties;
government payment receipt duties;
documents confirming ownership.

In law

A widow (widower) may demand the allocation of a mandatory share, if there is a will, in the home acquired during the marriage. If the home was purchased jointly, the surviving spouse has the right to his legal 50% of the total area of the residential property.

If the deceased had his own children, then they can claim a part of 50%, while the widow (widower) has the right to her share of the inheritance from the second half of the house. Thus, if the deceased had three sons and a legal wife, the house acquired during marriage after his death would be divided as follows:

50% goes to the wife;
the remaining half is divided into 4 parts (3 sons and a wife).

As a result, the widow of the deceased will receive 62.5% of the home ownership from the inheritance. Each of the children of the deceased will receive 12.5% of the cost of their father’s home.

By will

If the deceased left a will to a third party, regardless of this, the surviving husband (wife) has the right to allocate the spousal share from the estate. If the document indicates the deceased’s spouse as an heir, both halves of the housing completely become the property of the widower.

If the apartment is owned by several people, then it will not be possible to donate the property right away. The donor will have to agree on the procedure for the alienation of a share of the joint property with the co-owners. The problem can be solved by concluding an agreement on the allocation of shares or through the court.

Is it possible to donate a share in an apartment without the consent of other owners? The consent of the co-owner is not required if there are only two owners of the apartment (husband and wife). The only condition is that the transaction takes place in the interests of one of them.

Example. The couple lived in a 2-room apartment. apartment under a social tenancy agreement. Subsequently, they privatized housing in equal shares. Each got ½ of the housing. There were no children in the family at the time of privatization. A few years later, the couple decided to separate. The man did not intend to share housing with his wife. Therefore, on the eve of the divorce, I drew up a deed of gift. He assigned ½ of the apartment to his wife. The parties to the agreement dispensed with the agreement of the transaction with third parties.

We suggest you read: Is it possible to sell an apartment below or above the cadastral value: why is it cheaper than the market price and how to pay less taxes under the new rules?

Procedure

In order not to encounter possible time delays during the registration process, it is worth knowing how to do this. The general procedure for re-registering a vehicle to a wife is no different from re-registering a vehicle to another person.

The algorithm of necessary actions consists of three steps:

Necessary documents are collected

In this case, you need to pay attention to the PTS - check the body number and the number indicated in the documents. The car is put in order, thoroughly washed and cleaned. It is better not to neglect this step so that traffic police officers do not have problems with drawing up the contract. The spouse, that is, the seller, signs the drawn up contract and gives a copy to the traffic police officers and his wife.

Following this sequence of actions will allow you to avoid various problems and time delays when re-registering.

Many car owners wonder whether it is possible to re-register a car to their wife without her presence. It can be noted here that without the presence of the wife, as a buyer, recipient or trustee, re-registration is not carried out.

How to re-register housing after the death of my husband?

In order to avoid further difficulties in challenging the right of ownership, the husband should draw up a gift agreement.
In accordance with its terms, the wife becomes the owner of her husband's share. With the help of a deed of gift, you can transfer ownership of an apartment to your spouse without taxes. None of the parties to the transaction must pay taxes to the budget when registering a deed of gift. When preparing a deed of gift from a husband to a wife, the following steps will be required:

preparation of the necessary documentation package;
writing a gift agreement (husband and wife can use a standard form);
notarization of the transaction;
state registration of real estate for the new owner in Rosreestr (without registration, the transaction is considered incomplete).

You can transfer residential real estate to your wife through a purchase and sale transaction. This method of transferring property will help you return 13% of the price of the sold home. The transaction is completed as follows:

Initially, it is worth preparing a certain package of documentation;
then the contract is drawn up;
signing and certification of the transaction by a notary;
registration of state registration in Rosreestr.

Further, to transfer his share to his wife, the husband can draw up a deed of gift. After the spouse registers her ownership, she will become the sole owner of the apartment.

Being married, the husband cannot sell the jointly acquired apartment to his wife. But after the divorce is registered, the execution of the purchase and sale transaction will become legal.

Also, the apartment can be transferred into the ownership of the ex-wife under a gift agreement. In this case, it must be certified by a notary.

To further transfer his share to his wife, a man can draw up a deed of gift. Also, in the agreement on the division of property, you can indicate the appropriate mode of ownership of the apartment. To do this, the document must contain a clause according to which the man’s share passes to the wife.

If a mortgage loan was taken out by a married couple, then each partner acts as a co-borrower. To transfer ownership rights from husband to wife, you will need to obtain permission from a credit institution.

Spouses may be refused if the wife's income is not enough to make monthly loan payments. If the credit institution has approved the re-registration of property rights, then the spouses can begin collecting and re-registering housing by mutual agreement. Corresponding changes must be made to the mortgage loan agreement.

A clause is included in the agreement that exempts the spouse from monthly repayment of mortgage debt. But at the same time, he is deprived of the right of ownership of the housing purchased with a mortgage loan.

But in order for the agreement to gain legal force, you will have to contact a notary.

To complete a transaction to transfer real estate from a husband, a wife should prepare a standard package of papers:

civil passports of the parties to the transaction;
marriage or divorce certificate;
registration certificate of the residential premises;
deed of gift for living space or purchase and sale agreement;
extracts from the fiscal authority confirming the absence of tax debt;
cadastral documentation;
marriage contract or agreement on division of real estate;
title documentation for real estate;
information about citizens registered in the apartment, certified by a notary;
application from the husband to transfer property to his wife.

Depending on the situation, additional documentation may be required. After submitting a package of official papers to Rosreestr, ownership will be issued within 30 days. After this, the wife can pick up a document from a government agency confirming her right to own housing.

If you want to find out how to solve your particular problem, please use the online consultant form below or call:

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If a loan for an apartment was taken out by a married couple, then both spouses are co-borrowers on the mortgage. Before transferring the apartment to your spouse, you need to obtain consent from the bank.

And he can refuse this, citing the fact that his wife’s income is too small to repay the debt. Banks do not take such risks.

If, nevertheless, the bank approves the process of re-issuing a loan, then the borrowers must re-register the property by mutual agreement. In this case, it is necessary to make changes to the loan agreement.

These changes stipulate that the husband is released from the obligation to repay the loan, however, at the same time he is deprived of the rights to the apartment purchased with a mortgage.

In this case, the bank’s consent is not required; you only need to have the agreement certified by a notary.

passport of husband and wife; extract from the house register certified by a notary; technical passport and cadastral passport of the apartment; certificate of registration of ownership; home purchase agreement; agreement on transfer of apartment from husband to wife; certificate of marriage (or its dissolution); application from the wife about obtaining the right to property; an agreement on the transfer of an apartment/donation.

With these documents, spouses must contact the department of the Federal Registration Service at their place of residence.

The procedure for re-registration of an apartment should last no longer than 30 days.

Answer: Yes, it is possible, but only if the property is the property of the husband (according to Article 36 of the Family Code). But if the apartment or house is jointly owned, then the consent of the second spouse is required to re-register the apartment in his name. Otherwise, such a trail will be invalid.

We invite you to read the Statement of the owner and his family members when selling an apartment

Answer: This is an optional condition of the contract, however, in practice, the cost of the share is still indicated. It is established either by agreement of the parties, or the market or inventory price is taken.

Answer: You can draw up a donation agreement for a house and a plot of land. In this case, it is necessary to register the agreement with Rosreestr.

Answer: If a spouse enters into a gift agreement, then no duty is provided for by law. If the gift agreement is carried out between former spouses, then they will need to pay a state duty in the amount of 13% of the value of the property.

Now you know several ways to transfer an apartment from husband to wife during marriage: draw up a gift agreement, conclude a marriage contract, transfer your share of the property to your spouse.

The easiest way is to transfer the apartment to your spouse by drawing up a marriage contract, indicating in it the separate regime of ownership rights.

So that the couple does not have problems with re-registration of housing, it is best to seek help from a notary, who will tell you how best to carry out the transaction and re-register the apartment in the name of the spouse.

In order for the division agreement to have legal force, it must contain truthful information about the property of the spouses available at the time of conclusion of the agreement. What is planned for purchase can only be included in the marriage contract. In addition, there is no need to add information about the parties’ credit obligations and debts to the document.

The agreement does not regulate the division of things that are not material, but have other value for the husband and wife. It is impossible to indicate in the document who will own the pet or souvenirs.

Alimony obligations and other payments due to the parties after a divorce also cannot be included in the property division agreement.

Note!

If the text of the document takes up several sheets, the signatures of the parties are placed on each page. The agreement is then stitched together.

And if, as a result of the audit, it turns out that the specified cost deviates by 20 percent in the direction of its increase or decrease, then the seller will need to pay additional tax, as well as a penalty. Such “risky” transactions, where there is actually no transfer of funds into the hands of the seller, are now carefully monitored.

People who are officially married.
Adoptive parent and adopted child.
Trustee.
A person who is subordinate in his position to another person.

If the son or daughter in whose favor the property is registered are married, then their other half becomes a co-owner of the living space.

Necessary terms Among the most popular ways of re-registering ownership of an apartment to another person, it should be noted: The sale of an apartment is often carried out between unfamiliar and unfamiliar people. According to the law, you need to conclude an agreement, register ownership and pay a fee.

How to re-register a mortgage for another person in Sberbank

Sberbank of Russia has a reputation as a lender that is loyal to its clients. In many situations, the bank meets the client halfway in order to resolve the issue of problematic debt and prevent an increase in debt.

If a borrower with an existing mortgage loan suddenly finds himself in a situation where he can no longer service his loan, then Sberbank usually offers two ways to develop the situation:

Loan restructuring (usually, in order to reduce the credit burden, the client is offered to increase the debt repayment period, as a result of which a significant reduction in the monthly payment can be achieved).
Renewal of the contract to another, solvent borrower (the procedure is implemented approximately according to the scheme described earlier).

The choice of a specific method will depend on the current situation of the individual borrower. It is clear that a person in whose life there has been a dismissal, illness or other serious event will, with a high degree of probability, agree to re-issue the mortgage to another person.

The borrower, realizing that the difficulties encountered are temporary, will refinance the mortgage with another bank or restructure the debt.

An alternative option is also to replace the collateral itself (for example, with another apartment). But in practice, this option is quite rare.

You will learn more about whether it is possible to change the apartment's mortgage and how to do it further.

We look forward to your questions and will be grateful for your rating of the article.

Requirements for a new borrower

Each bank has the right to present to its clients applying for a home loan its own list of restrictions and requirements for a mortgage. You can find out the list of such requirements directly from the creditor bank.

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In general terms, the new borrower must meet the following parameters:

age limit – from 21 to 65 years (in some banks the maximum age may be higher);
having a permanent place of work;
Russian citizenship;
temporary or permanent registration in the city where the bank operates;
full legal capacity;
sufficient solvency (no more than 40% of family income should be allocated for payments on all existing loans).

If the client does not meet at least one requirement, the bank has the right to refuse.

A way to gift a share of housing to your spouse

Many families who have been married for more than one year acquire housing together. But due to personal circumstances and the specific situation, the spouses decide to completely transfer the apartment purchased during marriage to one of them, for example, to the wife. In this case, the husband has the legal right to give the woman his share of housing.

This method is especially reasonable and in demand when the husband wants to protect and protect his wife as much as possible from the threat of dividing the apartment after his death.

The fact is that, according to the law, all property is divided between the closest relatives, and even if the deceased would not want it. Therefore, a pre-executed agreement on the donation of a share completely nullifies any attempt at a controversial division of housing.

Another situation often happens when a spouse has his own apartment purchased before marriage, and he wants to transfer a share in it to his wife. To do this, it is necessary to draw up a gift agreement and, if the spouses decide to separate in the future, then the donated share in the apartment will not be divided under any circumstances.

A sample agreement for the donation of a share in an apartment can be downloaded here

It should be noted that the process of donating a share is absolutely identical to the procedure for transferring the entire apartment. There are small distinctive nuances only in the documentary package. If a spouse refuses a share of housing acquired during marriage, it is necessary to obtain the written consent of the wife: first, to the right to alienate one of the residential shares, and then to agree to accept the alienated share of housing as a gift for personal use.

After completing the documentation package, the husband and wife inform Rosreestr regarding the fact of the transaction so that the changes acquire official status.

Remember! A deed of gift, which is carried out for the good purpose of protecting and providing a woman with an apartment after the death of her husband, requires timely registration. And in the case where, before the death of the spouse, the agreement was never registered in Rosreestr, the housing will be legally shared by all heirs.

Can a husband give his wife his share in the apartment?

As for your question about “can this sister, having changed her mind, re-will her share to someone else? “, this depends on the sister of your spouse’s grandmother, since the owner has the right to dispose of the property belonging to him at his own discretion. If in doubt, you can draw up a gift agreement, specifying in it the right of lifelong residence of the grandmother.

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Hello! I have 2 questions. The apartment in which my husband and I now live once belonged to his grandmother. Shortly before her death, my grandmother bequeathed this apartment to my husband and her sister, 1/2 share each. After my husband and I got married, this same grandmother’s sister bequeathed her share to my husband. Question 1. Can this sister, having changed her mind, re-will her share to someone else? Question 2. Can my husband donate his share to me and after the donation, in the event of a divorce, for example, can he claim or return it?

How to re-register an apartment for a married wife in Ukraine

To complete such a transaction, you can choose one of the options, each of which has both advantages and disadvantages.

Options for carrying out a transaction The transaction is carried out between persons who have not lost their legal capacity and are in a sane state.

5 The drawn up agreement and other documents (the same as for the gift agreement) must be taken to the Federal Registration Service, where it will be registered. After which the husband can give his wife his share, as a result of which the wife becomes the sole and full owner of the house.

Sometimes a property division agreement is used. In the latter option, a notary's presence is not required.

Consultation with a lawyer on the issue

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Methods of housing registration

How to transfer an apartment to a relative in such a way as to reduce your financial costs to a minimum and be confident in the transparency and legality of the transaction?

Re-registration of housing in the name of a relative is carried out through the conclusion of a civil transaction in accordance with the norms of the Civil Code of the Russian Federation.

There are several ways to transfer property:

contract of sale;
donation;
transfer by will;
rent;
exchange.

Let's consider the tax features and potential risks of each of these transactions.

Contract of sale

Buying and selling is one of the most common real estate transactions. It involves the paid transfer of housing from one party to the contract to the other. The buyer can be a relative or any other person. As a rule, when a relative is a party, money for housing is not actually transferred at all, which contradicts the very essence of the agreement. It's a worthless deal.

If he owned the property for less than 3 years and the transaction amount exceeds 1 million rubles, he is obliged to pay 13% to the budget. Underestimating the cost of an agreement is also risky.

Transactions between relatives are under special control by the fiscal authorities. If it turns out during the audit that the price was underestimated by more than 30% of the cadastral value of the property, the person responsible will be charged the missing amount of taxes.

At the same time, close relatives, in accordance with the norms of the Tax Code of the Russian Federation, cannot count on receiving a tax deduction, since they are interdependent persons.

Gift deed

It is also quite common to draw up a deed of gift for an apartment between relatives.
How best to arrange an apartment: donation or purchase and sale to a relative is up to everyone to decide for themselves. Both options have their advantages. A deed of gift involves the gratuitous transfer of real estate. At the same time, you can draw up a deed of gift without a notary, which will significantly reduce the costs of the transaction.

How to draw up an agreement to donate an apartment to a relative? According to Art. 217 of the Tax Code of the Russian Federation, a transaction between close relatives is not subject to taxation. If you donate housing to an aunt or uncle, you will have to pay 13% tax.

The amount of tax in the gift deed due to the absence of the transaction price in the agreement is determined from the value that exists on the date of the transaction for a similar type of property.

Other advantages of such a gift transaction can be noted:

Only the recipient becomes the owner of the apartment. His spouse does not have the right to claim part of the housing, as happens when buying and selling an apartment.
The donor has the right to mark the transaction unilaterally if the new owner commits a crime against the life and health of the donor or there is a threat of irretrievable loss of property.

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Will

You can also transfer housing to a relative by will.
In this case, however, you will have to wait until the death of the previous owner of the property. The heir will not be able to take over his rights earlier. Even after death, the procedure for registering an inheritance will drag on for a long time, since only six months are allocated by law for entering into an inheritance.

The transfer of real estate by will must be notarized.

The heir ultimately becomes the sole owner of the apartment. No one else, not even his spouse, has the right to claim half of such real estate. This distinguishes the transaction from a residential purchase and sale agreement.

When entering into an inheritance, you will also not need to pay inheritance tax. The only payment in this case will be the payment of the state duty.

Rent and exchange

An annuity is a less popular way to transfer property.
Rent involves the lifelong maintenance of the homeowner in exchange for the subsequent receipt of his apartment. Moreover, the owner sometimes, by agreement, has the right to live in the apartment for the rest of his life along with its potentially new owner.

Such a transaction is also subject to notarization and is registered in Rosreestr. Unlike inheritance, homeowners become citizens immediately upon registration of the transfer of ownership. He doesn't have to wait for the former owner to die.

The apartment can also be exchanged for another living space. Moreover, by law, the exchange can be carried out with or without additional payment. This is a more complex transaction, less suitable for transferring housing to a close relative.

Cohabitation

Although there is a right to a share of the inheritance if the following points occur:

inability to work due to illness or disability of the first and second groups;
a woman reaches the age of 55;
the fact that she was supported and dependent for the last twelve months by the deceased and lived next to him.

If there is at least one condition, then the cohabitants also claim a share in the inheritance.

There are often cases in life when a husband and wife live in an unregistered marriage for decades, and in fact, their main property was acquired during their cohabitation. However, they may have a common child, who, according to all documents, is legitimate.

In such families, this is achieved by submitting an application to the registry office and establishing paternity, and then adoption, followed by the issuance of a birth certificate with the corresponding entry in the father column.

This situation can also be complicated by the fact that the man could have another family and children. In this case, the woman remains in a very difficult situation. Of course, many knew that she lived with him and could not even assume that they were roommates and she would be able to prove the fact of living together.

She will have to go to the courts and prove that she lived with him, how long she lived, what property was acquired together, she must provide all the documents proving the right of joint ownership, if there are common children, then she must provide birth certificates of the children, provide witnesses. The court, having considered all the details of the case and heard all the witnesses, has the right to allocate her a share in the inheritance.

A child born in a civil marriage, recognized by the father, that is, to whom his last name is assigned and the deceased is registered in the “father” column, has the right to be among the heirs of the first priority and to receive his share of the inheritance.

Thus, a common-law wife can enter into an inheritance legally, but she can inherit on the basis of a will. According to the will, the husband could leave her all the property, or some specific part of the property.

Real estate acquired during a legal marriage is considered joint, matrimonial and is in the common use of the married couple. Over time, a situation may arise in which it is necessary to separate the marital share from the common property. This can be done peacefully by mutual agreement of the parties or with the help of the judiciary.

How to transfer an apartment to your wife during a divorce

Situations where, after a divorce, the apartment is transferred to one of the spouses or the wife decides to buy out her husband’s share are not uncommon.
Therefore, lawyers are asked to re-register the apartment in the name of one of the spouses. There are three ways to do this:

According to Article 42 of the Family Code of the Russian Federation, spouses can enter into a notarized marriage contract. This document may change the common ownership regime. As a result, each spouse gets a certain share of the joint property. And the best option would be for the spouse to give his share to his other half.
Conclude a notarial agreement that changes the regime of common ownership. After this, ownership of the jointly acquired property passes to one of the spouses.
Draw up an agreement on the division of common property. This can be done on the basis of Article 38 of the Family Code. The husband can then also donate or sell his share to his wife.

Required package of documents

To re-register an apartment to your wife during a divorce, you will need to collect a certain package of documents:

Application for renewal;
Agreement confirming the purchase of real estate;
Documents on ownership of an apartment or house;
Form 3;
Certificate of absence of debts on real estate;
Consent of the spouse to purchase an apartment during marriage, certified by a notary;
Copies of passports of both family members;
Apartment acceptance certificate;
A receipt confirming payment of the state fee.

Can a husband give his wife his share in the house?

photocopies and originals of identification documents of all parties to the agreement;
a document proving the owner's rights to real estate;
in the case where the donor is married and the apartment is jointly owned, the written consent of the spouse is required;
if the donors or the recipient for some reason cannot attend the transaction, you need a power of attorney signed by a notary and a passport of the authorized person;
in the case where the share will be given to a minor, permission from the guardianship authorities is required;
deed of gift in several copies.

Conditions for the gift agreement
What legislation is the deal based on?
Step-by-step instruction
Where to go? Applying to government agencies Through the Rosreestr management website Applying to a notary What documents will be needed? How to fill out the document correctly? Registration of a transaction What will you have to spend to register a transaction? Taxes Deadlines
What to do if refused?
Conclusion
Documents on the topic of the article