Sample preliminary agreement for donating a share in an apartment to a minor for guardianship

What is a preliminary gift agreement?

The law contains the concept of “Preliminary Agreement”. Such agreements are concluded with the aim of preventing negative consequences in the future. The document serves as a kind of guarantee for the execution of the main document. If one of the parties refuses to enter into an agreement, the other has the right to file a lawsuit to compel the execution of the action.

However, this rule is practically not applied to gift agreements. In this case, we are talking about a draft agreement that the parties will sign in the future. The initiator of the transaction is usually the donor. That is, the owner of the alienated property. The donor must notify the recipient of the upcoming transaction. If he is a young child, then the donor notifies the child’s legal representatives of his intention. Naturally, they need time to think about the proposal.

The draft gift agreement allows you to get a general idea of the alienated property, evaluate the terms of the transaction and upcoming expenses.

Voiding

When drawing up any deed of gift, including a preliminary one, be careful: it is easy to make a mistake in such a document. And then the transaction will be declared void, that is, it will not have legal force. To prevent this from happening, take the following points into account:

Document preparation form. If executed incorrectly, the entire deal may be ruined. To prevent this from happening, follow the instructions and sample given in the article.
Insolvency of one of the parties. In judicial practice, there are cases, for example, when a gift agreement drawn up by an incapacitated elderly person has to be declared invalid.
Inaccuracy in the description of the future contract: for example, the subject of the donation or the conditions of receipt are not described accurately enough.
Questionable legality: by creating insufficiently transparent conditions for concluding a transaction, you call into question its fairness. They often try to hide other agreements under a deed of gift, and it is better to make sure that the transaction does not appear to be one of those.

Mandatory terms of the contract

When developing a draft gift agreement, the following requirements must be taken into account:

Written form of the document. Oral agreements regarding the property are considered invalid.
Availability of title documents. The donor has the right to dispose only of personal property. Ownership of the alienated object must be confirmed by relevant papers. If the property is jointly owned by citizens, then the written consent of the co-owner is required.
Beneficiary participation. The interests of young children are represented by legal representatives. They submit an application, sign documents, register property rights, and pay taxes. Children over 14 years of age become full participants in transactions. The only limitation is the written consent of parents/guardians. That is, children participate in discussing the terms of the gift agreement and sign it at the notary. Children can make their own decisions only after reaching adulthood.
Notarization of the contract. If the testator alienates part of the apartment to a young child, then the participation of a notary is inevitable.
Registration of property rights. After registering a gift agreement with a notary, the beneficiary will have to contact Rosreestr. The recipient's right of ownership arises only after entering data into the state register. The supporting document is an extract from the Unified State Register. However, the beneficiary will be able to dispose of the property only after 18 years of age. Until that time, the child's legal representatives are the administrators.

Additionally, the gift agreement may contain a suspensive condition. For example, the beneficiary receiving higher education.

Can a legal representative act as a donor? Yes, if the child lives in a complete family. If the gifted subject is raised only by his father or mother, then the participation of the guardianship authority will be required.

The owner of the apartment does not have the right to simultaneously be the donor and the legal representative of a minor child.

How to correctly draw up a preliminary agreement for the donation of a share of an apartment

The draft agreement can be found on the Internet or obtained from any notary. If the donor wants to supplement the form, then he will have to contact a lawyer. The specialist will listen to the wishes of the owner of the alienated object and include them in the document. A lawyer will tell you how to donate a share in an apartment to a minor child without breaking the law.

Form

The donation agreement must contain the following clauses:

Title of the document.
The date of the agreement.
The city in which the transaction is made.
Personal information of the parties to the transaction.
Rights/responsibilities of the donor.
Rights/responsibilities of the beneficiary.
Description of the alienated part of the apartment.
Footnote to the title document.
Reference to the absence of encumbrances.
Clause about the payer of the state duty when registering a transaction.
Mention of state registration of the transaction.
Link to the number of copies of the contract.
Signatures of the parties to the transaction.

The parties to the contract display additional provisions at their own discretion. This may include the procedure for transferring part of the apartment or using common property.

Content

When developing a draft agreement, the actual circumstances of the case must be taken into account. If there is a ready-made form, the parties only need to fill out the relevant sections.

Initially, the title of the document is indicated. Then the city and date of the contract. For example, the city of Naberezhnye Chelny in the Republic of Tatarstan, August twenty-ninth two thousand and eighteen.

The next section is devoted to the parties to the agreement (full name, residential address, passport details). Here is a link to concluding a gift agreement.

The fact of transferring part of the apartment into the ownership of the recipient is described below. The donor must indicate the size of the share of the alienated property and the address of its location.

The next paragraph contains a link to the title document. For example, the specified share belongs to the donor on the basis of a certificate of the right to inheritance under a will. The date of issue of the document, the body for registering property rights and the number of the certificate issued by Rosreestr are also indicated here.

Below is the will of the beneficiary. For example, the recipient accepts 1/20 of an apartment as a gift from the donor.

The next section is devoted to guarantees on the part of the donor. The property owner must confirm that the premises have not been sold or donated to third parties, and are not under mortgage or other encumbrance.

The procedure for the emergence of ownership of alienated property is described below. The beneficiary will have to contact the territorial office of Rosreestr.

The next paragraph contains a link to payment of costs associated with registering a transaction. Usually the costs are borne by the beneficiary.

The penultimate section may be devoted to a reminder of the invalidity of any other agreements or obligations that arose before the signing of the gift agreement.

At the end, you must refer to the number of copies of the contract. Below the text, the parties to the transaction put their signatures. You also need to leave space for the notary inscription.

Sample preliminary agreement for donating a share of an apartment to a minor

Below is a standard form for a gift agreement:

Grounds for cancellation of a gift agreement

The gift agreement for a minor child, as well as for other persons, states that it is considered a gratuitous transaction, and also has the following feature: it is not possible to cancel a previously made decision to donate an apartment or part of it. Therefore, there are very few controversial issues regarding such an agreement. But there are still some circumstances that allow this to be done:

A prerequisite for cancellation of the contract may be unlawful actions on the part of the person who accepted the gift in relation to the donor or his relatives.
Unfair attitude towards the object of the gift, which entails its damage or loss.
Recognition of a transaction as void if another motive for its execution is revealed.
The incapacity of the donor, recognized in court. The basis in this case may be the transfer of property as a donation.

Based on this information, it becomes clear that the gift of real estate to a minor is carried out on a general basis, but includes a number of nuances that must be clearly indicated in such an agreement.

Where can I make up, where to apply

The draft gift agreement can be found on the Internet or downloaded from our website. Of course, the standard template may differ slightly from the actual circumstances of the case. For example, the donor has the right to include in the contract a condition that the recipient receives a higher education or to bear the costs of completing the certificate. The document will have to be adjusted accordingly. If you have a legal education or experience working with documents, you can make changes to the agreement yourself.

You can also obtain a draft gift agreement from a notary. If necessary, he can make the necessary edits to the document. However, such actions are usually performed when concluding a gift agreement. If the parties do not intend to immediately certify the transaction, then this option will not suit them.

Additionally, participants in a future transaction can contact a practicing lawyer. Legal services are provided on a fee basis. However, the agreed draft agreement can subsequently be used by a notary.

Notarization of the donation agreement for a share of an apartment is carried out at the location of the property.

Conditions of nullity and promises

A sample preliminary agreement can be obtained from a notary office or downloaded from our website. But it is advisable to seek legal advice or a notary to complete the project. During the consultation, the specialist will listen to all the wishes of the donor, evaluate them from the point of view of legislation and competently include them in the draft document.

A gift to a minor may be subject to an encumbrance, which will certainly be noted in the contract and in the real estate certificate. Those. the child will formally be the owner of the living space, but he will be able to dispose of it only after the occurrence of a specified event - for example, a wedding.

A gift agreement is one of the simplest ways to transfer ownership of property to loved ones, for example, a father or mother wants to provide their child with housing or give a car. To do this, you will need to issue a deed of gift for your son or daughter, having first collected the necessary documents and received the necessary permits.

There is no need to obtain such a document only in a situation where the mother or father gives their own share or part in the apartment to the child. In this case, the official consent of the spouse who decides to make a gift is not required.

Documentation

The parties to the agreement must prepare:

passports (of the donor and the child’s representative);
birth certificate of the recipient;
documents for property (extract from the Unified State Register, purchase and sale agreement);
a certificate issued at the place of registration of the donor;
evidence of absence of debts to utility companies;
consent of the co-owners to the alienation of joint property.

If the child has reached the age of 14, then he signs the gift agreement independently. Therefore, the written consent of the legal representative will be required.

At the stage of concluding a donation agreement and notarizing it, you will additionally need a receipt for payment of the state duty.

Document form

The form of the preliminary agreement will be identical to the form of a regular deed of gift, the differences will only be in the content.

What does a preliminary gift agreement necessarily consist of? It will begin from the date of drawing up - this is one of the most important points, since from it the countdown begins until the time of conclusion of the main transaction. Next, you will need complete and detailed information about both parties to the contract: the donor and the donee.

Further, in sufficient detail so as not to raise questions, the text of the agreement describes:

the contents of the future contract, which is concluded at the end of the term;
the period before the expiration of which the donor undertakes to fulfill his obligations;
the subject of the donation, which will be discussed in the contract - for real estate, the address and characteristics must be indicated;
conditions that the donor considers necessary to add to the deed - as already mentioned, subject to the preservation of gratuitousness;
confirmation of the consent of both parties to the terms of this and future agreements.

At the end of the text of the document there are signatures of the donor and the recipient. In the appendix to the article there is a sample of how exactly a preliminary agreement for donating a share of an apartment is drawn up.

Important! Deeds of gift, according to the latest edition of the Civil Code of the Russian Federation, do not have to be certified by a notary. However, if you intend to certify the main contract, then the preliminary one must also go through this procedure.

Sometimes a preliminary agreement is concluded when the donee has not reached the age at which he has the right to independently accept property as a gift. In this case, the representative will only participate in the preliminary transaction.

The sample (.doc) of a preliminary agreement for the donation of a share of an apartment to a minor will differ slightly from the one given: firstly, in the presence in the text of an official representative who has the authority to sign documents instead of the minor. Secondly, to the definition of “done” is added “in the person of a representative.”

Cost, expenses

When developing and agreeing on a draft gift agreement, the parties do not bear any costs. Maximum for copies of documents required by the notary.

When notarizing the transaction, 0.5% of the cost of part of the apartment is withheld. The minimum state duty is 300 rubles. The maximum tax amount should not exceed 20 thousand rubles.

Notary services are subject to separate payment. On average, citizens will have to pay 5 thousand rubles. Details can be obtained from the notary office.

Additional costs arise during state registration of property rights. Citizens pay 2 thousand rubles for entering data into the Unified State Register about the new owner of the apartment. If ownership is registered in relation to part of an apartment in an apartment building, then the tax rate is 200 rubles.

Income tax is withheld from citizens who are not relatives of the donor. The tax rate is 13%. It must be paid by April 30 of the following year. At the same time, taxpayers must submit a tax return to the Federal Tax Service. If the payer is not a resident of the Russian Federation, then the tax amount increases to 30%.

Registration of ownership

Property transactions are subject to state registration. Rosreestr handles the re-registration and initial registration of property rights. Papers are submitted to any territorial office or MFC. Data is entered into the state register of rights at the request of the copyright holder. Sample documents are posted on the Rosreestr website. Additionally you will need to prepare:

gift agreement;
documents for the premises;
identification card of the child's representative;
beneficiary's birth certificate;
confirmation of tax payment.

An application to Rosreestr is submitted by a representative of the recipient entity. After 14 years of age, children submit documents independently. However, the written consent of the legal representative will be required.

The procedure for registering property rights takes from 5 to 12 days . Usually an extract from the Unified State Register is issued within a week. After receiving it, the minor child becomes the owner of the premises.

Agreement for donating an apartment to a minor child

5) Full name of the children on whose behalf the full name of the mother acts, the specified share in the property right is accepted as a gift from the full name. 6) The full name of the donor guarantees that he does not enter into this agreement due to a combination of difficult circumstances on extremely unfavorable conditions for himself and this agreement is not an enslaving deal for her.

After the process of formalizing the transaction and transfer of ownership rights is completed, the child becomes the owner of the property (or part of it). However, it is important to note that this right is first exercised by its representative until the owner reaches the age of majority.

We recommend reading: Guilty fee for kindergarten