Transfer the share in the apartment to another owner through the MFC

How to transfer a share in an apartment to a relative, another shareholder, another person

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Shared ownership is quite common. Usually the apartment is owned by members of the same family and if it is necessary to re-register shares, disputes do not arise. However, in addition to the consent of the owners, it is also necessary to follow a certain procedure. So how can you transfer part of the apartment to a relative? Let's figure it out.

What is a share in an apartment

All relations related to the ownership of a particular object are regulated by the Civil Code of the Russian Federation. Any owner has the right to dispose of his property for his personal purposes and take any significant actions in relation to it. The norms of Art. 244 of the Civil Code of the Russian Federation provides for both common and shared ownership.

Shared property is considered to be such property in which the object constituting it is divided between the participants into specific parts. Legal relations associated with this type of property provide that shared co-owners own, use and dispose of property on the basis of an agreement concluded between themselves. If the shares are not allocated in kind, they are considered equal.

Registration for relatives without sale

If ownership of real estate is transferred between relatives, it is better to use a will or deed of gift. Before you redecorate your apartment, you should remember the following nuances:

• Spouses can transfer real estate to each other on the basis of a deed of gift, an exchange agreement or a purchase and sale agreement. Also, the wife is the heir of the first priority in relation to her husband, and vice versa.
• If the recipient of the gift is a minor, then a legal representative participates in the transaction on his behalf. We are talking about a parent, guardian, adoptive parent or representative of the guardianship authorities.

How to transfer a share in an apartment to a relative or another shareholder

It often happens that the owner of a part of an apartment wants to transfer it to another person (whether a relative or not). Regardless of the degree of relationship, the share can be re-registered by concluding one of the following agreements:

Procedure

Regardless of what form of transfer of ownership of a part of the apartment you have chosen, you must follow a certain procedure, namely:

1. Reaching an agreement. Naturally, if a sale is made, then it is necessary to notify all shareholders. But even when donating, it is necessary that not only the donor agrees to reject the property, but also the recipient must agree to accept it.
2. Preparation of contract. Since any legal document must be drawn up in accordance with certain requirements of the legislator, it is best to use the services of a professional lawyer.
3. Notarization of the transaction. In 2020, changes came into force, according to which all transactions made with shares in residential premises are subject to mandatory notarization.
4. Registration of property rights. Re-registration of part of the apartment ends only when changes are made to the unified state register of real estate transactions. To do this, an application is drawn up in Rosreestr or in any branch of the MFC.

The issue of forced sale of a share in an apartment can be resolved in court, but only if certain conditions are met. In other cases, the transaction for the alienation of part of the apartment must be absolutely voluntary.

Required documents

When registering a transaction for the alienation of a share in residential real estate with Rosreestr (or the MFC branch), you will need to provide the following documents:

• an application from each owner, filled out according to the sample;
• title documents for the apartment (each part of it);
• apartment card (extract from the house register);
• consent of the spouse if the share was acquired during marriage;
• technical passport of the apartment;
• copies of passports of all co-owners;
• receipt of payment of state duty;
• a copy of the concluded agreement.

Price

When re-registering part of the housing, you will need to incur some expenses, namely:

• for drawing up and registering an agreement with a notary - from 1000 to 5000 rubles, depending on the region and type of document, and when contacting the notary, you are provided with a certificate of the cost of housing, so that he can calculate the cost of his services;
• for registration of rights in Rosreestr - 2000 rubles, this amount is determined in Art. 333.24 Tax Code of the Russian Federation;
• if this is provided for by law, then it is necessary to pay a tax of 13%.

Deadlines

The deadline for making a decision on state registration of changes in ownership shares is 10 working days in Rosreestr, and if the application was submitted through the MFC, then the waiting time increases to 12 days.

The date for making decisions is calculated from the moment the application is registered with a particular government agency, and not from the moment you write it.

If you have any difficulties with re-registering a share of an apartment, then the specialists of our website are ready to provide you with any advice around the clock. It is best to entrust all real estate transactions to an experienced lawyer, since the slightest inaccuracy in documents can lead, at best, to invalidation of the contract, and at worst, to the loss of housing altogether. A specialist will be able to collect all the documents, consider your specific situation, choose the most appropriate method of re-registration and represent your interests in any institution.

Re-registration of an apartment - step-by-step instructions

Today we need to understand how an apartment is re-registered to a particular citizen. In fact, understanding the process is not as simple as it seems. After all, the owner can change for various reasons.

Depending on the situation, the algorithm of actions will change. This fact must be taken into account.

But how to act in this or that case? What should you pay attention to first? How are apartments re-registered to new owners? All this will be discussed further below.

When owners change

Re-registration of an apartment is a process that almost every citizen becomes familiar with sooner or later. Bringing it to life is not so difficult if you know how to act. In what cases can the owner of a particular property change?

To date, the following scenarios have been identified:

1. Privatization. The process of re-registration of state property to a citizen. During this process, the person becomes the full owner of the property, and the municipality loses its rights to the property.
2. Registration of deed of gift. This operation is carried out during the lifetime of the apartment owner. You can donate the entire apartment (re-register it) or its share.
3. Entry into inheritance. Such re-registration of the apartment after the death of the owner takes place. The most unpleasant process for heirs. Especially if the owner did not leave a will during his lifetime.
4. Buying/selling. Purchase and sale transactions are the most common. You can sell your property. After completing the transaction, the buyer will become the full owner of the property. And then the apartment will need to be re-registered to the new citizen.
5. Rent. Rent agreements are often concluded with elderly single people. But at the same time, direct re-registration will occur after the death of the owner of the apartment.

Accordingly, depending on the situation, the algorithm of citizens’ actions will change. What to do in this or that case? How is an apartment re-registered to another owner?

An important point is to determine which authority you will need to go to to formalize the transaction. It all depends on the situation. Citizens to re-register an apartment can contact:

• in the MFC;
• to the cadastral chamber;
• to Rosreestr;
• to the city administration;
• to intermediary organizations (they charge additional fees for services);
• to the notary.

Most often, when making purchases and sales, citizens turn to real estate offices. But after signing the relevant agreement, you will still have to go to the registration chamber or Rosreestr. As a last resort, go to the MFC. It is in these bodies that the citizen will be issued a certificate of ownership of real estate.

About privatization

To begin with, we should consider the situation in which the re-registration of an apartment occurs during privatization. Only citizens registered in a particular territory can participate in the process. You will need to submit a package of documents to the administration of the locality or to the MFC.

All re-registration of ownership of an apartment can be divided into several stages:

1. Showing initiative. Someone from the family proposes to privatize the property. Residents either give their consent to the process or refuse to participate in writing.
2. Contact the BTI. Engineers will inspect the apartment and mark the redevelopment and all non-residential objects located on the territory.
3. Collection of documents. The most difficult thing imaginable. You will need a lot of paperwork, so it is recommended to start the process of preparing for privatization with the preparation of documents.
4. Applying to the administration with an application for privatization. Attached to it is the previously collected package of papers.
5. Verification of documents by the administration.
6. Signing of the privatization agreement. The presence of all potential property owners is required.
7. Registration of an apartment in Rosreestr. This is where the process ends. Owners are issued real estate certificates and a new cadastral passport.

Nothing else is needed. What documents are required to re-register an apartment in this case? Their list is not that long.

Documents for privatization

Among the papers required for privatization are:

• identification documents of all potential owners;
• children's birth certificates;
• cadastral passport;
• technical passport of real estate;
• an extract from the personal account of the apartment;
• document providing the basis for the use of real estate (for example, a social tenancy agreement);
• refusals/consents to privatization;
• extracts from the BTI and house register;
• divorce/marriage certificate (if available).

All papers are submitted with an application in the established form. It is advisable to attach their originals and copies.

Independent sale

Next, we will consider the re-registration of ownership of an apartment through the independent sale of property. This is not as difficult to do as it seems. The main thing is to act correctly.

The procedure for completing a real estate purchase and sale transaction can be divided into several stages:

1. Preparation of certain documents for the apartment. The process is carried out by the seller. At the same time, you can search for buyers.
2. Drawing up a purchase and sale agreement.
3. Signing an agreement with the buyer. The new owner pays for the transaction, after which you can go to the MFC and register the agreement.
4. Submitting a package of papers to Rosreestr to obtain a certificate of ownership of real estate.

Nothing special. The main problem when selling real estate is drawing up a legally competent contract. Now a sample of paper can be easily found on the World Wide Web.

Documents for re-registration by sale

What documents are required for re-registration of an apartment due to purchase and sale? In general, the list is not much different from the package of papers requested during privatization. You need to prepare:

• passport of the owner-seller;
• buyer's identity card;
• technical and cadastral passports for real estate;
• certificates confirming the absence of debt on bills in the apartment;
• extract from the Unified State Register;
• documents indicating ownership of real estate;
• Marriage certificate;
• the spouse’s permission for the transaction (if we are talking about jointly acquired property);
• a receipt for payment of the state fee for registering the transaction (1,400 rubles, if you contact the MFC);
• an extract from the house register indicating everyone registered in the apartment;
• consent of other property owners for sale (if the seller is not the only owner).

But the buyer will have to bring not only the listed papers to Rosreestr. Additionally, you will have to attach a contract of purchase and sale of housing, as well as a receipt for receipt of money by the former owner of the apartment.

How is the ownership of an apartment re-registered through a notary through a sale? In this case, the purchase and sale agreement is drawn up in a notary office. The parties must bring with them:

• real estate documents;
• cadastral passport;
• an extract from the house register;
• passports of the parties.

Additionally, state fees and notary services are paid. The employee draws up a competent contract, it is signed by the parties and registered on the spot. After receiving a receipt from the seller about receipt of money, you can go to the registration chamber with the documents listed earlier and receive a certificate of ownership of the property.

Inheritance and re-registration

Re-registration of an apartment after the death of the owner, as a rule, occurs through inheritance. How does this process happen? Such a procedure takes a lot of time.

Registration of an apartment by inheritance is divided into several stages:

1. Consent to inheritance. The heirs must contact a notary within six months and write a consent or refusal to receive the property. If a citizen does not do this, then after 6 months from the date of opening of the inheritance/will, the person loses the right to re-register the property.
2. Collection of documents necessary for the inheritance procedure. More on them a little later.
3. Registration of the transaction with a notary.
4. Applying to Rosreestr to obtain a certificate of rights to an apartment.

There is nothing extremely difficult about this. The main thing is that the re-registration of an apartment after the death of the owner is carried out in accordance with established rules. All documents necessary for this must be collected by the closest relatives and heirs of the deceased.

Documents for inheritance

What documents may be required to re-register an apartment upon inheritance? Citizens bring to the notary:

• a will (usually the notary already has it);
• death certificate of a citizen;
• written consent to enter into inheritance;
• real estate cadastral passport;
• an extract from the Unified State Register (not always, but it’s better to bring it);
• heir's passport;
• documents of relationship with the deceased (if available);
• papers indicating the deceased's ownership of real estate.

As a rule, you need to bring all the listed papers to the Rosreestr, but in addition to them attach:

• application for amendments to the cadastral passport;
• an extract from a notary, which will indicate the fact of transfer of property by inheritance.

After contacting the registration chamber, the citizen will be given a special receipt. It indicates the time of receipt of the certificate of ownership of the property.

One small nuance that is worth paying attention to is taxes. If the re-registration of an apartment due to the death of the testator occurs between distant relatives, you will have to pay 13% of the value of the property in the form of tax. Otherwise, the process will not be considered completed. Close relatives (parents, children, spouses) are exempt from taxes.

Gift deed

Now it is clear how the re-registration of an apartment occurs after death. There is no other way. The only exceptions are annuity agreements and deeds of gift. As a rule, a gift agreement is most often encountered in practice. It allows you to transfer the ownership of the entire apartment or part of it to another person during the lifetime of the owner of the property.

If the deed of gift is drawn up for close relatives, you do not need to pay tax. Otherwise, the donee must pay 13% of the cadastral value of the property to the tax authorities.

As a rule, the procedure for registering a deed of gift is as follows:

1. The owner turns to the notary with documents for real estate and a deed of gift.
2. The notary either checks the literacy of the gift agreement, or independently draws it up according to the established rules.
3. The owner of the apartment and the donee sign an agreement.
4. The notary registers the transaction, and the new owner draws up documents for the property at the registration chamber.

It is interesting that the deed of gift can be revoked within 12 months if certain circumstances exist. Usually the procedure is possible if:

• the donee killed the former owner (then the heirs deal with the annulment of the deed of gift);
• the recipient of the property has committed a crime directed against the donor or his relatives;
• there is a threat of damage and loss of the apartment, which is of intangible value to the former owner;
• the property is of public value and the recipient may destroy or damage it.

In practice, such situations rarely occur. Therefore, a deed of gift is the most reliable re-registration. No one obliges the apartment owner to donate the entire property. He has the right to donate only a share. This nuance must be specified in the gift deed.

Documents for registration of deed of gift

What documents for re-registration of an apartment will be useful in the case of drawing up a deed of gift? In this situation, the notary is brought:

• donor's passport;
• gift agreement;
• real estate cadastral passport;
• certificate of ownership of the apartment;
• ID of the donee;
• an extract from the personal account for the apartment;
• documents indicating the relationship between the parties (if any).

Sometimes a notary may request an extract from the BTI. After signing the agreement, citizens are given a notarized notification of registration of the transaction. You can go with it to get a new certificate of ownership.

Re-registration of a personal account for an apartment is carried out after all the described procedures. The owner needs to contact the management company that maintains the building in which the apartment is located. You must bring with you:

• passport;
• gift/sale/rent agreement or other basis for the transfer of real estate to a new owner;
• cadastral passport (preferably).

The new owner writes a statement in the established form, after which the management company makes the appropriate changes. A similar procedure will have to be carried out in all organizations serving the apartment. Otherwise, payments for housing and communal services will be received in someone else’s name. Now it’s clear what documents are needed to re-register an apartment.

Nuances and features of registering a share for a minor child or mother

When re-registering a share of real estate to a minor, it is necessary to remember that he himself does not yet fully have legal independence. That is why his legal representatives (guardians, parents) participate in the transaction on his behalf. If the child has not yet reached the age of 14, then his presence when drawing up the contract and submitting the application to Rosreestr is not necessary - his parents will sign.

If a minor is over 14 but not yet 18 years old, then his participation is mandatory. He independently signs the contract, but the parent or guardian certifies it with his own.

The share can be transferred to the mother in the general manner, since she is one of the close relatives. Difficulties can arise only if the share is transferred to her from a minor child. In this case, you will have to contact the guardianship authorities for permission to carry out the transaction, and in case of refusal, only the court can allow the transfer of the minor’s share to the mother.

Example. During privatization, the two-room apartment was turned into the property of the spouses A.V. Galitskaya. and Galitsky R.N. and their daughter Galitskaya D.R. After coming of age, Galitskaya D.R. got married, gave birth to a son, and the young family, by agreement, began to live in the Galitskys’ apartment. The parents moved to the dacha, where they lived all year round. After some time, Galitsky R.N. and Galitskaya A.V. We decided to transfer the shares in the apartment to our grandson.

However, their daughter was against this and demanded that the property be transferred to her, since she also has a share in the apartment, and she has the right to receive the rest. The Galitskys had to turn to a lawyer, who explained to their daughter that when making a gift, the donor himself chooses who to give the property to. He explained that otherwise he would have to contact the guardianship authorities and the court. Galitskaya D.V. agreed and then the transaction took place in accordance with the requirements of the law.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

When will the child be able to manage property?

If the child is not yet 14 years old, then his property is managed by guardians. But, their actions are under the control of guardianship authorities. And in no case are the interests of the child infringed.

We suggest you read: Suspected of fraud

Upon reaching 14 years of age, a child has the right to engage in real estate transactions. But with the permission of parents or guardians.

Let's celebrate! A minor also has the right to dispose of property when he is recognized as legally competent by a court decision. For example, he is already working, owns a private business, and has officially registered his marriage.

How to transfer a share in an apartment to a relative

This article describes in detail how to transfer a share in an apartment to a relative, and everything you need to know about it. Housing issues will always cause disputes, which are most often considered in the courts. To avoid all misunderstandings and difficulties, you must always correctly prepare all the documents when transferring your part of the home to a close relative, if such a decision is ripe.

An experienced notary will help you draw up and prepare a package of required documentation, and will tell you which authorities you will have to go through to obtain certificates if life circumstances force you to deal with such a question - how to transfer a share in an apartment to a relative.

Transfer options

There are several options for signing off your apartment share. And what is the most profitable way to do this? Most often, the decision is made based on financial costs, so another question arises - which is more profitable:

Relatives rarely undertake to buy or sell their own share, since this does not give any privileges to close people. The only advantage is the time it takes to complete the procedure. Having submitted documents for registration, after 30 days the buyer fully owns his part. If this type of transaction occurs between close relatives, there is the following caveat: there is no possibility of making a property tax deduction. This distinguishes this transaction from such types as donation or will. The owner of the acquired share will have to pay tax within three years, which is assigned to the income of an individual. But there is a caveat here: if the object was valued above 1 million rubles. If actual payment has not been made, then the transaction is considered void in legal terminology.

About giving

Therefore, more often than not, when faced with the dilemma of how to transfer a share in an apartment to a relative, they settle on the options of bequeathing or donating. Indeed, in these cases, funds do not appear, and part of the real estate is transferred to the recipient free of charge.

The differences are quite clear: what was bequeathed becomes property after the death of the owner, and the right to make a gift is vested in the new owner after his data is entered into the Rosregister.

Donation is the most convenient, since in this case the tax is not paid between relatives, unlike a gift to a stranger. But you will have to pay the state fee upon registration:

• real estate rights;
• gift agreement.

The donor has the right to determine the value of the gift, but the tax office does not recommend lowering the price too much, so that both related parties do not suffer later.

According to lawyers, if the question is how to transfer a share in an apartment to a relative, then donation is the best solution. This document is rarely disputed. The recipient of his share has every right to either immediately move into the premises or sell it on his own terms. This is another difference from an inheritance received, when you need to wait six months, only then having the right to housing. In addition, the donated part belongs only to a specific person, regardless of whether he is married or has children.

When making a gift, it is impossible to dispute such a fact as the desire of the owner of the share to give his part to a specific relative. The right of first refusal does not apply here.

But how can you transfer a share in an apartment to a relative if this part belongs to a minor or a person declared incompetent? In this case, Article 575 of the Civil Code applies. She notifies that it is illegal to make such a transaction.

A donation may be considered invalid if it was made by a person in an insane state or if it is proven that it took place under duress.

But still, donation remains the best way to transfer your real estate to loved ones.

This procedure will take a lot of time, but if you arrange everything correctly step by step, visiting the necessary institutions, everything will end quickly with a positive result.

In order to leave your own part of the apartment to a certain person as a gift, you will first need to collect all the documents so that on their basis the donor can transfer the share to the recipient, and then give them to an institution that deals with such matters, that is, to:

• Companies House;
• MFC, that is, Multifunctional Center.

Only original documents will be needed. It may happen that you will have to provide additional information that was previously unexpected.

First of all, you need passports of both parties. If the share of the apartment is intended for a minor, his birth certificate and parent’s passport are required. If the donee is in the age group from 14 to 18 years, his passport and parents will be needed.

When someone is replaced by a trusted person during a transaction, this is permissible only with permission granted in the form of a power of attorney from a notary, sealed.

Then a gift deed is required. But an experienced lawyer knows how to transfer a share in an apartment to a relative, and he will help you draw up the agreement correctly. Since 2020, such an agreement must be in a notarized form. This means that the notary first certifies this agreement, and only after this procedure is the document accepted by the MFC or the Registration Chamber.

In this article, you learned how to transfer a share in an apartment to a relative. If you have any questions or problems that require the participation of lawyers, then you can seek help from the specialists of the Sherlock information and legal portal. Just leave a request on our website and our lawyers will call you back.

Stage No. 2 – order a donation agreement for a share of the apartment

Previously, a simple form of agreement was suitable for registering a real estate gift transaction. By simple form we mean a regular contract printed on A4 sheet. But now, in most cases, they began to require an agreement only in a notarized form - clause 1 of Art.

Therefore, carefully read the article - In what cases, in order to donate a share in an apartment, is it necessary to have the agreement certified by a notary?

If in your case a notarized contract is required, then carefully read how to have it certified by a notary and how much it will cost.

In principle, you can formalize the entire transaction of donating a share with a notary or simply certify the agreement at your own request, even if this is not necessary in your case. This is usually done when there is a fear that interested parties will want to challenge the transaction.

If in your situation the contract is suitable in a simple form, you should not draw it up yourself using downloaded templates on the Internet. Almost all the templates there are outdated or generic. Understand that almost every gift transaction is individual, and standard templates do not have the items that need to be specified in each specific case.

Therefore, contact a lawyer, because... he will look at the situation of donors and recipients, take into account all the nuances and draw up the correct agreement. After all, if even one spelling error is found in the contract, the deal can be suspended - clause 6 of Art. 26 of the Federal Law of July 13, 2015 N 218-FZ.

If the gift agreement was certified by a notary (in notarial form), then the notary is obliged to submit the agreement to register the transaction HIMSELF, FREE OF CHARGE, AND ON THE SAME DAY. This is already included in the service for certifying a transaction on the basis of Art. 1 of the Federal Law of August 3, 2018 N 338-FZ and Art. 22.1 Basics about notaries.

Typically, notaries submit documents electronically. Then the transaction must be registered within one business day. If the notary does not have the opportunity to submit electronically, then he or his assistant will submit the documents in person to the Rosreestr office within 2 working days.

We suggest you read: What is the period for consideration of a complaint in court?

The registration period will last up to 3 working days after submission. All this is indicated in paragraph 9 of Art. 16 of the Federal Law on Real Estate Registration of July 13, 2015 N 218-FZ. But due to the workload of Rosreestr, sometimes there are delays.

Participants in the transaction must pay the notary only the state fee for registering the transaction - 2000 rubles (clause 22, clause 1, article 333.33 of the Tax Code of the Russian Federation). If a notary submits documents electronically, then Rosreestr has set a discount of 30% - instead of 2000 rubles you need to pay 1400. The state fee is paid by the donee, but in practice the notary doesn’t care who gives the money.

After the transaction is registered in Rosreestr, the donee will become the new owner of the share. The documents can be collected from the notary. Some notaries notify you about this by phone, while others will have to call you yourself.

After receiving the share as a gift, the recipient can register in the apartment - instructions. Or sell his share - registration procedure.

If the gift agreement is in a simple form (not certified by a notary), then the parties to the transaction themselves submit it for registration. Since 2017, in many cities, documents can only be submitted to any branch of the MFC (Multifunctional Center), then from there the documents are transferred to the Registration Chamber. Those.

The process of submitting documents to the MFC or the Registration Chamber is no different, so in the instructions I indicated about the MFC.

1. The donor(s) and recipient(s) need to contact the MFC, pay the state fee and submit signed agreements with other documents.
   If the recipient is under 14 years of age, then his presence is not required; one of the parents (guardian, trustee) must be present. If the recipient is between 14 and 18 years old, then one of the parents (guardian, trustee) must be present with him.

   The state fee for registration is 2000 rubles (clause 22, clause 1, article 333.33 of the Tax Code of the Russian Federation). Payment details can be obtained from an employee. The payment desk is usually located in the MFC building itself, the commission is about 50 rubles. Now the position of Rosreestr is that the state duty is paid by the donee. In practice, it doesn’t matter who pays the state duty, it’s all by agreement. The recipient will simply be indicated on the payment receipts.

   After paying the state duty, in order of priority, the employee needs to give the original documents that I listed above, the share donation agreement and the check for payment of the state duty.

2. An MFC employee will check the list of documents and draw up applications for registration of rights, which the donor and recipient must sign. If the donee is under 14 years old, then the application is signed for him by one of the parents (guardians), if between 14 and 18 years old - both the donee and one of the parents.
3. After signing the applications, the MFC employee will pick up the documents (except passports), give each party a receipt for these documents and set a date when they can be picked up.
   The received documents are sent to the registrar. All that remains is to wait for the registration of the donation transaction. According to Art. 16 of the Federal Law of July 13, 2015 N 218-FZ maximum period: 9 working days if documents are submitted to the MFC; 7 working days if documents are submitted directly to the Rosreestr office. Sometimes deadlines are missed due to the workload of Rosreestr. You can call the MFC, give the number on the receipt and check whether registration has been completed.
4. On the appointed day, the donor and donee must each pick up their own copy of the agreement with a mark of state registration. It is not necessary for everyone to come to the MFC at the same time; you can come separately at different times and days. The recipient will also be given an extract from the Unified State Register of Real Estate (USRN) about the property (for an apartment). It will indicate that he is now the owner of the share. Property registration certificates have been canceled and will not be issued since July 2020. Bring with you your passports and receipts issued by the MFC employee.

If the donor and the donee are NOT close relatives, then the donee must pay a tax in the amount of 13% of the cadastral value of the donated share (clause 18.1 of Article 217 of the Tax Code of the Russian Federation). Donors do NOT pay any tax after donation, because...

they do not receive any benefit from the transaction. For a minor recipient, parents (guardians) must pay the tax. If the transaction took place through a notary, he will send information about the transaction to the tax office within 5 days. This is his duty as specified in paragraph 6 of Art. 85 Tax Code of the Russian Federation.

Apartment owners can only expel a person through the court who does not live there and does not pay utilities.

• More than 55 companies
• 63 completed tasks
• From 1100 rub.

How to dispose of a share: gift or purchase and sale

Relations between owners of shared real estate are regulated by law on the basis of established norms. All share owners have the right to dispose of their share as they see fit. Disposal of the common share can only occur by agreement of the parties. If it is not possible to reach an agreement, the dispute is resolved in court.

When becoming the owner of shared ownership, it is worth remembering:

• each case is considered individually;
• it is not always possible to reach a peace agreement;
• a positive outcome in a dispute depends on many factors.

Many participants in such processes often tell me that it is impossible to peacefully decide what belongs to whom. There is a share, and here it is impossible to resolve the dispute about allocating it in kind. That is, one is satisfied with this room, while the other is categorically not suitable for the proposed part. One client told me that it would be better if they sold it and divided the money. But this is not so easy to solve. Especially if the share is allocated in unequal parts, the funds cannot divide correctly.

Misunderstanding, ignorance of the laws, or, as they say now, legal illiteracy, lead to the fact that close relatives become enemies and can only resolve disputes in court.

You can sell your share, but there are too many pitfalls here. The owners of other shares have advantages and can be sold only after they officially refuse to acquire the alienated share. If all shareholders agree to the sale, only then can it be sold. This is not an oral agreement, but a notarized transaction confirming the refusal of the shareholders to purchase the alienated share.

Important! If there are several shareholders and one of the shareholders wants to purchase the share being sold, then the consent of the others is not required.

Transfer of shares: subtleties and dangerous moments

Before transferring an apartment to a relative, you must choose the type of transaction to be made. It is impossible to do this just like that, at the sole desire of the share owner. To re-register, you will need a certain type of transaction, which requires the preparation of a number of documents.

Donation agreement

A gift agreement is the most optimal type of transaction. It cannot be challenged in court and does not require notarial confirmation. In order to gift a share in real estate to a close relative, it is enough to go through the re-registration procedure with the state registration authority. Today, this can even be done at MFCs, which actively help people in all regions, regardless of their place of registration.

When donating, the consent of the remaining shareholders is not required. Donation is a voluntary transaction and all rights are transferred to the new owner at the time of registration. Thus, the need for consent or refusal to acquire the shares of other owners is not required. Moreover, when making such a transaction in favor of a close relative, you will not have to pay a state fee.

How to properly draw up a gift agreement - watch the video:

https://youtu.be/-g4xE5ndcpY

Case from practice. Three family members who were registered in it participated in the process of privatization of the apartment - the grandmother, her daughter and granddaughter. After the privatization process was completed, each woman received 1/3 of the apartment. The grandmother decided to give her share to her granddaughter, and she became the owner of 2/3. The girl’s mother did not lay claim to her grandmother’s share, but she had questions about the truthfulness and fairness of the deal. Therefore, she turned to me, and I explained everything to her in a popular manner.

There are no illegal measures in the grandmother’s actions. The woman was interested in why her mother did not take her consent and how such a transaction could take place outside the notary’s office. I hope that the benefits of a gift transaction to immediate family are obvious.

But not everyone has the right to accept a gift in the form of a share in real estate.

Purchase and sale of shares

A deal like this is much more complicated. You will need to prepare a whole package of documents and carry out the housing assessment procedure. Without this, the contract cannot be valid. Moreover, the estimated value is close to that dictated by the market at the time of the transaction.

Important! If a person has owned a share of real estate for less than 3 years, then he will have to pay tax when buying or selling.

Before making a transaction, it is necessary to notify other shareholders about this. The owner who did not express a desire to buy, but did not want to officially confirm this, has the right to claim the sold share within three months. Thus, even after the share has been sold, one of the share owners can claim to purchase the share that has already been sold. The previous transaction will be declared invalid.

This fact once again confirms that the gift agreement is most effective in transactions with equity participation. Even if a donation by re-registration to another person is considered safe, lawyers still recommend that the donation be formalized by a notary. Such a deal cannot be disputed.

Purchase and sale agreement

The option of selling a home to a relative is attractive because such a transaction is almost impossible to challenge in court.

The apartment is transferred to the buyer without the possibility of return. The seller and the buyer participate in the transaction. They enter into an agreement containing the following information:

1. cost of the apartment (how much it costs according to the parties);
2. essence of the transaction;
3. characteristics of the object;
4. additional conditions;
5. date of preparation and signature of the parties.
6. procedure for transferring an apartment;
7. details of title documents;
8. information about the parties to the transaction;
9. payment order;
10. subject of sale;

After signing the agreement, the parties must contact Rosreestr to register the transfer of ownership.

If the DCT is notarized, then the buyer himself can apply for registration. A notary can also complete the registration. If the owner owned the apartment for less than 5 years, then he will have to pay tax on the income received. However, it will not be possible to significantly underestimate the cost.

Tax authorities focus on cadastral registration and, if there is an excessive deviation, calculate the tax based on the cadastral value. After completing the transaction, the buyer can apply for a property deduction.

How to allocate a share in kind

Most often, when registering a share, it is determined as a percentage. But how to allocate shares in kind if they are divided in a one-room apartment. For example, each of the heirs received 1/3 in the said real estate. This is where Art. 246 or 250 GK. They say that the owner of the share has the right to sell, lease, or pledge his part. The consent of other owners is mandatory.

The owner, before conducting a transaction with his part of the property, must offer other owners to buy it and obtain notarized consent or refusal. In such situations, it is possible to allocate a share only in monetary terms.

To do this, you will need to take an extract from the register, which provides the estimated value of the entire property. Today, real estate specialists evaluate a property according to the conditions dictated by the market. It may be slightly lower, but the difference is insignificant.

From personal experience, I can say that it is better to resolve such disputes by selling all real estate in its entirety and further dividing the funds equally after paying all fees and taxes. But, if several owners act as sellers, then the costs will be much higher. So it turns out that it is necessary to seek a compromise, negotiate with relatives about the sale and further, fair division of the money.

Re-registration procedure

Documents required for re-registration of an apartment:

1. a document confirming the emergence of ownership rights (DCT, rent agreement, etc.);
2. consent of the spouse, confirmed by a notary.
3. Passport;

To re-register, you need to submit these documents to Rosreestr and write a corresponding application. Order of the Ministry of Economic Development of Russia dated November 26, 2015 No. 883 established that the collected package can be sent by Russian Post, through a representative, the online portal of State Services or the website of Rosreestr, MFC, or submitted in person to the branch of the registration authority.

The applicant also needs to pay a state fee - 2,000 rubles. After submitting the application, within 12 days the specialist will make a decision on registration or refusal (for example, due to an error in the execution of the contract), which can be appealed in court.

Thus, to re-register an apartment, it is necessary not only to draw up a written agreement, but also to prepare a package of documents and register the acquired property.

Below we will look step by step at re-registering an apartment in different ways.

There is nothing complicated in the instructions provided, however, certain knowledge is required so that all actions and executed documents have legal force.

Judicial practice on re-registration of shares

Disputes arise most often during the division of property after a divorce. Further living together is not possible. Of course, a decent husband can offer his ex-wife to move into an apartment he bought, the area of ​​which is equal to or slightly larger than the share in the jointly owned housing. This is a more painless result, which you should not refuse.

Another question that often arises when dividing a mortgaged apartment. Even if the loan was repaid by one of the spouses, the housing is considered jointly owned and the second spouse has the right to claim a share. The exception is cases when a marriage contract has been drawn up. I would like to recommend that newlyweds carefully study all the points in this document and remove or add to it anything that affects their interests.

Donation as the best option for resolving disputes

From the above, it becomes clear that donation is considered the most painless, safe transaction. To do this you need to go through just a few steps:

• collect the necessary documents;
• order a gift agreement transaction;
• register with the MFC or the Registration Chamber.

For the transaction it is necessary to prepare the following package of documents:

• passports and copies of persons participating in the transaction;
• consent of the seller’s spouse to sell the share;
• consent of other shareholders if the share is sold to an outsider;
• certificate of ownership.

It is safest to register a donation with a notary. In this case, the notary acts as a guarantor that the donated part of the real estate will not be disputed.

Required documents

To conclude an agreement (regardless of its type), you need to prepare the following documents:

• Passports of the parties to the transaction.
• Permissions from other owners.
• Confirmation that the co-owners have refused to buy out the share.
• An extract from the Unified State Register of Real Estate confirming ownership (or another similar document).
• Permission from regulatory authorities (provided that the donor is a minor or incapacitated person).

In some cases, additional paperwork may be required, but this is the exception rather than the rule.

How to transfer a share in an apartment to a relative

Have questions? Consult a lawyer (free of charge, 24 hours a day, seven days a week):

8 Moscow and Moscow region.

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The law allows you to receive property as a share in various ways: inheritance, by paying for the area in money, privatization. All shareholders have the right to use the property, dispose of it and own it. This means that an individual has the right to gift, transfer or sell his property to another person, including a close relative. Only in the case of a sale, there are restrictions by law in the form of the advantage of buying out part of the apartment by shareholders, and then by other interested parties. What to do if the owner wants to transfer the share in the apartment to a relative?

What is better for the owner: donate or sell?

If a person decides to donate his part in a house or apartment, he will need to draw up an appropriate agreement. The positive side of this method is that you do not need to have the document certified by a notary, which means no additional costs are required. The owner only draws up an agreement in Rosreestr.

If the share is joint property of the spouses, it will be necessary to obtain the consent of the other owners for the transaction.

Note! A close relative is allowed to donate his share, provided that the living space has been privatized.

However, the consent of other owners is not required for the transfer procedure. In addition, they do not have a preemptive right to purchase these square meters: the act of donation is voluntary. Example: father, son and daughter own a common apartment in equal shares, 1/3 each. If the father wishes to give his share to his son, then the latter will become the owner of the property for 2/3, and the daughter for 1/3. In this case, the head of the family will lose his rights.

Another way is to sell. The cost must correspond to the average market indicators in the region, and the contract must be recognized as valid. This method is not disputed in court and cannot be returned.

Important! Lawyers recommend this particular type of transfer of a share in favor of a loved one, but the final decision remains with the owner.

According to the conditions, the owner of the property must notify other shareholders of his desire to sell his part. Shareholders have the right to express a desire to purchase real estate put up for sale. Notarization is required for registration. An agreement is drawn up and the transaction is registered with Rosreestr. When the institution enters the information into the database, the new owner will be issued a certificate of ownership.

Stage No. 1 – collecting documents

Documents are required in originals. Below I have listed a minimum list of documents, but in each specific case additional ones may be required.

The full list can be found in the information window from an MFC consultant or the Registration Chamber (UFRS). You can also find out from our lawyer.

Ask your question in the online consultant window at the bottom right of the screen or in the comments. Read the link.

1. If a proxy acts for one of the participants in the transaction - a notarized power of attorney (original and copy). The power of attorney is certified by a notary for 1,000 - 2,000 rubles. Donors cannot issue a power of attorney to the recipients themselves to sign a gift agreement for them, and vice versa. Because the donor and the donee cannot be the same person (). They can issue a power of attorney for each other, for example, to submit a signed agreement for registration with the MFC.
2. If the apartment is jointly acquired property and is registered in the name of only one of the spouses, then the notarized consent of the donor’s spouse is required. To obtain consent from a notary costs 1,000 - 2,000 rubles;
3. Certificate of ownership or ; One of these documents is needed to make sure that the apartment or share really belongs to the donor. In addition, the data from these documents is also indicated in the gift agreement itself.
4. Passports of donors and recipients; If the recipient is between 14 and 18 years old, then his passport and the passport of one of the parents. If the recipient is under 14 years old, then his birth certificate and the passport of one of the parents.

Rent and barter agreements: what are their features?

You can transfer a share in an apartment to someone else by drawing up a rent agreement, as well as an exchange. According to the rental agreement, the transaction is reversible: the former owner has the right to challenge the procedure. Under the terms, the new owner receives an encumbrance and undertakes to pay money for the property, as well as support the former owner as a dependent until his death. Usually relatives avoid this method of registration, but it is often found in fraudulent schemes. With the end of the rent period, the encumbrance from the owner is also removed.

Re-registration of a share in an apartment is also possible through exchange. The procedure is similar to the sale of property. The presence of a notary is required when drawing up documents. Each party transfers the property it owns in exchange.

Important! It is impossible to carry out a transaction if there is an encumbrance on the apartment or house.

Procedure for processing documents

In order to register transactions of sale or donation of a share, relatives will not only have to comply with the above conditions, but also submit the following documents to the registration service of Rosreestr:

1. general passports and birth certificate (depending on the status of the parties to the agreement);
2. power of attorney for a representative, if the parties have chosen this option for transactions;
3. original of the purchase and sale agreement or donation of shares, certified by a notary office;
4. a completed application form for registration actions;
5. title documents for residential premises (certificate of title, extract from the state register of the Unified State Register of Real Estate, etc.);
6. documents confirming compliance with the notification procedure when selling a share;
7. payment order confirming the transfer of state duty in the amount of 2000 rubles.

After registration with the Rosreestr service, the new owner of the share will receive an extract from the Unified State Register and will be able to assume the rights of the owner.

To avoid complications and legally transfer a share in an apartment to a relative, all actions must be carried out with the help of a lawyer.

By consulting our specialists by phone or via online chat, you will receive full legal support and assistance in preparing documents, as well as assistance in registering with Rosreestr.

Inheritance

The owner of the property has the right to assign a share in the apartment by drawing up a will during his lifetime. This is a voluntary procedure. It happens that when writing an application, some relatives, including minor children, are left without housing in the property.

The law says that children under 18 years of age have the right to a share in the apartment by inheritance. To obtain housing, citizens will need to contact a notary and write an application for the portion of the space due by law.

There are often cases when scandals arise between relatives over the division of property, as a result of which the situation is resolved in court. If the will was drawn up during life, and some children are excluded from the inheritance, most of the material assets will go to the heir mentioned in the document.

Is it possible not to pay for the procedure?

An urgent question for any owner: is it possible to transfer a share in an apartment to a relative for free? The answer depends on the degree of relationship and the purpose of the transfer of area. The receipt of real estate is considered by the state as receiving profit, which means that it is generally subject to taxation at a rate of 13%.

The person who received property as a gift is required to notify the tax office and pay interest. If an individual, according to documents, is a close relative of the donor, then he is exempt from paying taxes. Thus, the transaction is completed free of charge.

The state also does not take interest in the case of transfer of property under a will. If the owner formalizes a purchase and sale transaction and acts as a seller of square meters, in accordance with the law it is he who must pay the tax, since he is expected to receive proceeds from the sale. There is an exception: if the share is owned by a citizen for more than five years, he is exempt from paying funds to the treasury.

Important! Do not forget that with any method of transfer in favor of a relative, the owner will lose all rights to the property as soon as the transaction is formalized at the registration chamber.

Here is a summary of the most profitable ways to re-register property in a given situation:

1. For first-degree relatives, the most profitable option is to issue a deed of gift. Typically, owners transfer shares to minors in this way.
2. To transfer a house to a sister or brother, exchange, donation and sale are acceptable.
3. When transferring property to grandchildren, grandparents often use wills or create deeds of gift.
4. To transfer property to children, parents use the alienation procedure.
5. During a divorce, it is recommended to draw up a contract of sale or gift (subject to a trusting relationship).

Re-registration consists of several stages. At the first stage, an agreement is drawn up with a notary, then the transaction is registered in a government agency - Rosreestr. When applying, documents are submitted: passport, title papers, real estate documents. They include an extract from the house register, a technical floor plan of the house, a registration certificate, a certificate from the housing and communal services about the absence of debts, and, if necessary, statements from other apartment owners about their consent to the transaction.

Whichever method the property owner chooses, it is worth using legal support to assess the individual, family and property situation.

Are there ways to minimize costs when making transactions?

Donation agreement

As practice has shown, the simplest transaction to formalize is the one when a gift agreement is drawn up, as is commonly believed, because the transaction does not require any cash investments, and it has a minimal package of documents. But as for the purchase and sale transaction, opinions are divided.

We invite you to read: Tax refund on the purchase of an apartment for pensioners

Some people think it’s simple to design, while others think it’s the opposite. This is due to the fact that each of them is registered in the register, and the owners become immediately after signing the contract, and not from the moment all funds are transferred.

Yes, such methods exist and they are completely legal.

1. You have owned the apartment for no more than three years. In this case, you will not have to pay taxes when selling the apartment.
2. The ability to pay tax only on the difference between purchase and sale. If you have all the documents about the sale, then you will only have to pay 13% of the difference.
3. You can reduce taxes by purchasing a new apartment in the same year. You will be able to reduce the sales tax by the amount of the tax deduction.
4. You can also reduce taxes if you sell shares under different agreements.

Absolutely any procedure for transferring an apartment entails compliance with certain stages of the procedure. Many citizens, due to their reluctance to deal with the tedious work of collecting documents, turn to realtors for help. As you understand, the cost of these services is high, and the quality is not always what we would like.

Therefore, we recommend that you simply seek advice from a lawyer who will tell you in detail what documentation you need to collect. The cost of his services will be several times lower. And then, collecting the documents yourself will be easier, cheaper, and more reliable.

It is impossible to answer this question precisely. In this case, it is worth focusing on the cost of services. But be that as it may, a lawyer will be able to help you with a wide range of documents and advise on a larger number of issues.

But practice proves that both a notary and a lawyer provide consultations at almost the same prices.

Non-notary registration of this type of transaction may be of interest to those who want to save time when selling or to those who subsequently plan to cancel the transaction. No matter what, we do not recommend that you enter into such transactions without the participation of a notary.

1. The notary will help verify the authenticity of documents;
2. The notary will be responsible for the transaction;
3. It will help you draw up a contract correctly so that in the future there will be no possibility of canceling the deal through the court.

To summarize all of the above, I would like to say that when making a transaction to re-register an apartment in the name of a relative, it is best to comply with all the necessary points for a successful transaction. You should not neglect the services of a notary just because your friends sold an apartment without his participation. Remember that in the future this may lead to litigation and cancellation of the transaction.

Be careful when drafting all types of contracts. Please pay attention to the fact that the buyer and seller must indicate both their exact passport information and information about the apartment being sold.

About the site

Dmitry Balandin

Real estate specialist. Author of publications on mortgages, maternity capital, buying and selling apartments. Consults on legal issues related to HOAs and housing and communal services

Rights regarding a share in an apartment can be re-registered due to various circumstances, in particular, this may be the conclusion of a transaction aimed at purchase and sale, donation, exchange, in addition, do not forget about inheritance legal relations. The living space can also be privatized.

The time it takes to complete the transaction will entirely depend on how you decide to re-register the rights regarding the share of the apartment. In order to decide on what basis it will be easier and more convenient to transfer your share to your son or daughter, you should carefully understand all the available options.

In the event that a transaction occurs between relatives, then more acceptable options in this case are the conclusion of agreements aimed at donation or purchase and sale. When several people have rights to residential premises, it becomes difficult to re-register rights to a part.

In such a situation, when talking about how to re-register a share in an apartment, it is worth noting that you will need to issue a power of attorney. Such a document must be properly certified, that is, notarized.

The documents received will be the basis for concluding an agreement, according to which the real estate is sold, or the apartment can be donated. It is worth noting that other owners have the opportunity in such an apartment.