Detailed instructions for the correct execution of a deed of gift for a share in an apartment
after the encumbrance is lifted.
Question. How to register shares? Can I give half of my share to my son (11 years old), and my legal wife half of her share to her daughter (1.7 years old)? Do I need permission from guardianship or their presence? Hello, Igor. Yes, you must give shares to your children. The permission and presence of the guardianship authorities is not required for donation. But after registering the gift agreement and receiving a certificate of registration of the right to the children’s shares, provide documents to the guardianship authorities (the agreement itself and the certificate) to prove that you have fulfilled your obligations. If a husband gives his wife part of an apartment, will the donated part of the apartment be further divided during a divorce and division of jointly acquired property? The apartment was bought during marriage and was registered in the name of the husband. We recommend reading: Initiating a case under article fraud
When is the transaction considered completed?
How to draw up a deed of gift for a share in an apartment
The transaction is considered completed at the moment when, after the expiration of the due period, both parties, having come to the registration center with the receipts mentioned above and presenting their passports to the registrar, receive back the originals of their documents and the gift agreement.
The recipient, among other things, must personally receive a certificate of ownership of a share of the living space. In order for the fact of a gift to be recognized as legal, the recipient must also pay income tax, that is, give the state an amount equal to 13% of the value of the property received (in this particular case, a share in an apartment).
The new home owner is subject to this tax in any case, except when he and the donor are close blood relatives.
After completing the transaction, the recipient can calmly register in the apartment provided to him. Whether or not the donor himself will have to check out of the living space is usually discussed in advance and recorded directly in the gift agreement.
Nuances and difficulties when donating an apartment to a close relative
including the recipient of the property.
After agreeing on all the nuances between the parties, as well as making a decision to issue a deed of gift for the apartment, the parties must draw up and sign an agreement in simple written form. In this case, two conditions must be met: The object of alienation must not be encumbered (pledge, arrest, long-term lease, trust management of real estate, etc.) The agreement must be drawn up in accordance with officially recognized standards with the obligatory indication of the characteristics of the property alienated free of charge. Actions of the parties for the free transfer of real estate to a relative Step 1. Drawing up and signing of a deed of gift by all interested parties. Step 2. Submitting all necessary documents to Companies House.
Registration of a deed of gift through a notary
It is better to draw up a deed of gift for a share in an apartment with the help of a lawyer
If the parties to the transaction are afraid that one of the interested parties, for example close relatives, may try to challenge the deed of gift, it is more profitable and safer for them to conclude a deed of gift through a notary.
In this case, fraud on the part of a lawyer is the least to be feared: a good specialist is interested, first of all, in preserving his reputation. Just in case, before choosing a specific notary, you can read reviews about his activities on the Internet.
Donating a share in an apartment to a relative
By concluding a share donation agreement with them, the donor does not have to worry about the financial losses of the recipients.
Such agreements are not subject to personal income tax. But if an agreement on the gratuitous transfer of property as a gift is drawn up with a second cousin or mother-in-law, then taxation cannot be avoided. Second and third degree relatives are not close. Former spouses are not considered first-degree relatives. Features You can transfer ownership of part of the apartment free of charge.
Preparation for registration of deed of gift
Before drawing up a contract, you need to pay attention to the following points:
- The relative's willingness to accept the gift . The transaction is concluded only on a voluntary basis, and one of its conditions is the consent of the parties.
- Subjective composition of the participants in the transaction . If a child is involved in the transaction, the presence and consent of his parents is required, and if the share is alienated on his behalf, the consent of the guardianship is required.
Please note that donations on behalf of minors and incapacitated people are prohibited!
- Item of donation . You can donate a share in an apartment only if it is officially registered in the name of the donor. Everything is simple if the donor is a full owner or a shareholder, and his share is clearly defined in the documents. But if the property is jointly owned (without specifying shares), then you must first allocate your share (by marriage contract or notarial agreement), after which you can safely dispose of it.
Donating a share in an apartment to a close relative! What documents and how to prepare them with a notary!
) Agreement.
A document of title confirming the ownership rights of the transferor under an agreement for the alienated residential premises, if the rights are not registered in the Unified State Register. A document confirming the transfer of real estate, if available, for contracts of sale and exchange. ** Documents confirming the fulfillment of conditions in cases where the transaction was made under a condition (Article We recommend reading: Initiating a criminal case for extortion
157 of the Civil Code of the Russian Federation).
List of documents
What documents are needed to draw up a gift agreement? The list consists of the following items:
- passport or other identification documents (if the recipient is, for example, a minor daughter, a birth certificate is needed);
- document confirming ownership (in 2020 this is an extract from the Unified State Register of Real Estate);
- technical documents that accurately describe a specific share;
- if the property was acquired in a legal marriage, and now its share is transferred as a gift, the written consent of the donor’s spouse is required;
- documents of a close relative of the minor, if he is the legal representative.
How to gift an apartment to a close relative without a notary 2020
Office of the Federal Service for State Registration, Cadastre and Cartography (Rosreestr). The essence of donation is the gratuitous transfer of property from the donor to the donee. A gift agreement is convenient to use in certain cases, for example, as an alternative to a will, or if you want to free property from the danger of division upon divorce. This form of transaction has certain limitations:
Is it possible to do without a notary? A written donation agreement is required for the gratuitous transfer of rights. An agreement with a simple form is concluded for land, an apartment, or a house, that is, certification of the donation document by a notary is not a mandatory norm. Only the agreement must include a number of mandatory conditions. Strict requirements regarding the contract are justified by the fact that the document is used to register ownership of the object. A copy of the agreement is submitted to Rosreestr with the main package of documents for registration. It is the agreement that is the basis for changing the owner in a single database.
21 Feb 2020 juristsib 7069
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How to donate a share in a privatized apartment?
The procedure for donation and all the requirements for this type of transaction are contained in the Civil Code, in the chapter devoted to this agreement. According to its provisions, donation does not provide for any response other than acceptance or refusal.
You can donate both the undistributed part of the apartment belonging to the owner, and a specific room, if there is an agreement or a court decision on the division of shares.
Along with the room, the right to use the unallocated part of the housing will also be transferred:
- kitchen;
- bathroom;
- utility rooms.
Part share
At any time, the owner of an entire apartment or part of it may decide to transfer his property to another person under any transaction, including as a gift.
In doing so, he can:
- donate your entire share in a privatized apartment;
- divide it by giving only part.
To a relative
The law exempted family members from such obligations if the transaction was concluded between them.
Relationship is confirmed using relevant documents:
- marriage certificates;
- birth certificates;
- passports, etc.
Several features are associated with gifts to children under the age of majority. According to the law, they can accept real estate as a gift and become its owners.
Without agreement
Donation is a gratuitous transaction, that is, the donor does not receive any benefit. Consequently, he does not need to offer his part of the apartment to other owners and receive a written refusal from them, as happens when selling.
The only exception is the case when one of the spouses plans to donate his share. The fact is that property acquired by a family is divided only upon divorce (if there is no contract). And therefore, donation of part of such common property is possible only with the written and notarized consent of the second spouse.
Donation of a common apartment between spouses is possible only if the shares of each of them are determined. Often this happens before the divorce, at which time donation can also occur.
The husband can also draw up a deed of gift for a share in an apartment that already belonged to him before marriage. If the apartment is in common ownership and the shares are not determined, then donation between husband and wife is impossible.
To another shareholder
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The donor is not limited to the circle of donees to whom he has the right to transfer property.
The contract may be concluded between the donor and any person he wishes to choose.
However, it is imperative to follow the procedure for registering the donation of a share, depending on the characteristics of the persons involved in the transaction.
That is why you can donate part of an apartment, but only if you have a certain set of documents and the agreement is drawn up correctly.
According to the Civil Code of the Russian Federation, only the owner has the right to donate a share in an apartment. Another person who cannot confirm the rights to part of the housing does not have the right to fully dispose of it.
A deed of gift is issued at the will of the owner for any donee. Moreover, you can draw up a contract of donation of a share for a close relative, as well as for a complete stranger. What you need to know about the procedure for donating a share of an apartment to a close relative is described in detail in this article.
The law does not prohibit the gift of a share of an apartment to an outsider who is not related to the owner by family ties.
If the donor is the owner of only one share, then he has the right to transfer it as a gift to the owner of another. Donating a share in an apartment to one of the owners can be implemented without hindrance if both own the shares separately.
If parts of the apartment are not allocated, but are in joint shared ownership, you will have to notify the other owners about the upcoming transaction.
Parts of a share
The owner of a share has the right to transfer its part as a gift to any person: a close relative, a stranger, a minor, etc.
If this can be done, then the donation agreement should clearly limit its size and describe it as correctly as possible.
State duty
The fee for transferring the entire apartment is 2 thousand rubles. But in our case, only part of the living space is alienated; accordingly, the amount of the state duty for donating a share in the apartment to a close relative will be reduced. For example, if a father gives his son a third of an apartment, then he will have to pay the full amount, and a third of it (667 rubles).
It might be interesting!
How to issue a deed of gift for an apartment in 2020: procedure, cost and timing
Gift deed for an apartment between loved ones without a notary
In accordance with the requirements of current legislation, a gift agreement, the subject of which is housing, is subject to state registration. To do this, you need to fill out an application to Rosreestr. No such rule has been established for other gifts. This requirement also applies to cases where the donee receives property. He needs to register his ownership. Rosreestr authorities always provide a printed form that the initiator must fill out.
We recommend reading: Agreement on paying for common household needs in 2020
Once all the necessary information has been submitted to the authorized official body, it will undergo a detailed analysis. Within the period established by law, the initiator will receive a response. This period is seven working days from the date of receipt by Rosreestr of the package of documents, or nine working days if the documentation was submitted through a multifunctional center. Following the procedure, a person will receive a certificate of ownership or an extract from the Unified State Register.
