How to re-register ownership of an apartment

Owners of apartments and other residential real estate are given the opportunity to transfer property to third parties. It is allowed to re-register ownership of an apartment as part of one of the permitted transactions. When selling, most often the transfer of rights is carried out on the basis of a purchase and sale agreement, and when making a gift - on a deed of gift. It is important for parties participating in such procedures to know what documents are needed to re-register an apartment. No less important is the procedure determined depending on the circumstances of the transfer of rights to real estate.

How to re-register ownership of an apartment

In order to transfer ownership rights, the owner of real estate can use one of the types of transactions permitted by law. These include:

  • Sale. A sales contract is signed between the seller and the buyer, which, after notarization and registration with the appropriate authority, becomes legal. In this case, the seller undertakes to pay a tax deduction; other costs associated with the procedure are distributed between the parties on a voluntary basis.
  • Giving. The method also involves drawing up an agreement - a deed of gift. In the future, this document becomes the title document for the new owner. It differs from purchase and sale by the absence of the need to pay government duties and taxes.
  • Exchange. Another way to transfer rights to real estate while avoiding additional financial costs. The peculiarity of an exchange agreement is that the transferred object is transferred in exchange for another with the possibility of compensation for one of the parties for the difference.
  • Inheritance. The transfer of rights is carried out due to the death of the owner. It is possible to draw up a will, in which the citizen who is the recipient of the property may be noted. Otherwise, the general procedure for transferring property by inheritance comes into force.

Note!

Another category is the division of property during divorce proceedings. In this case, a full transfer of ownership rights is rarely carried out. Most often, in such proceedings, a separate division procedure is established.

Correctly redecorating an apartment is important

How to properly re-register an apartment is the most important issue in the transaction. The further peace of mind of the citizen to whom the apartment is re-registered depends on the correctness of the re-registration. Proper registration of the apartment is a guarantee that in the future you will not have to defend your rights as an owner in court, or run around the authorities in search of various certificates and confirmations.

Here is one of the stories in our practice, how to complicate your life by re-registering an apartment without following all the rules provided for by the law of the Russian Federation.

The two-room apartment belonged to two owners: an adult and a minor child. The owner of one of the shares transferred it to another person through a purchase and sale agreement. I did not ask the consent of the second owner (the child). After a short period of time, the buyer of the share donated the share of the apartment to a third party - his nephew. As a result, the guardianship authorities, having discovered a violation of the rights of a minor child, opened a criminal case, as a result of which it turned out that the nephew lost an expensive gift and was left with nothing, having spent on legal costs and the money collected from him to pay for the services of the plaintiff.

In such expensive transactions as real estate transactions, one cannot deviate from the rules established by law. Any minor violation of them threatens with serious consequences. In each specific case, it is best to pay for the services of a real estate lawyer. His support will be a reliable guarantee of a real estate transaction. Not to mention the fact that in different cases different re-registration options are effective.

It is important to understand that this page lists only a simplified procedure for any re-registration actions. In reality, every time it is necessary to take into account the subtleties of transactions (for example, you need the consent of the spouse to complete a real estate transaction, or make a request for permission from the guardianship and trusteeship authorities, etc.). Consult with specialists in support of real estate transactions.

Documents for re-registration of ownership of an apartment

The procedure for re-registration of property rights is carried out on the basis of title documentation. Its type depends on the transaction in which property is transferred from one person to another. In addition, you must provide the following:

  • civil passports of the person transferring rights, as well as the new owner;
  • if the apartment is in shared ownership - written permission from each owner;
  • an extract from the BTI, drawn up according to the established standard;
  • extract from the Unified State Register of Real Estate;
  • a certificate from the management company confirming the absence of utility debts on the transferred property;
  • receipt of payment of state duty.

The package of documents is sent to the Rosreestr branch at the location of the property or to the nearest branch of the MFC. If the procedure is followed taking into account all the norms, then information about the transfer of property to a new person is noted in the Unified State Register of Real Estate.

Note!

Certificates of ownership are not issued at this time. When submitting documents to the registrar, you should obtain copies, which are subsequently confiscated to carry out all necessary work.

What documents are needed to sign a deceased person out of an apartment?

For discharge of the deceased, incl. and the owner of the apartment, the applicant must provide the following documents:

  • your passport;
  • death certificate with official seal;
  • papers for the apartment (you can provide not a certificate of ownership, since these papers, although not out of circulation, are no longer issued, but only an extract from the Unified State Register of Real Estate);
  • application in the prescribed form;
  • a certificate of family composition (it is needed when leaving a municipal apartment).

If we are talking about a municipal (i.e., non-privatized) apartment, then you should additionally write an application to re-register the social tenancy agreement in the name of the applicant. But the latter is relevant only if the applicant has the right to do so, i.e. already lived in the specified living space and has a residence permit there, he just wasn’t a responsible tenant before.

You can also bring documents confirming the applicant’s family ties with the deceased. Providing them is not mandatory, but many prefer to present a marriage certificate or adoption agreement.

Receipts for utility services indicating your personal account do not need to be provided. A person will be discharged even if he still has debt for housing and communal services. The heirs of the deceased will simply have to pay this debt. Debts do not disappear; they are automatically inherited by those who inherit any real estate, bank accounts or cars. If a person does not want to pay the debt, he can refuse the inheritance.

Is it possible to discharge a deceased person without a death certificate?

Without a death certificate, a deceased person can only be discharged from an apartment by court. The document is needed regardless of which organization the procedure is being carried out. If the certificate was lost, you can obtain a duplicate of it from the registry office by simply indicating the fact of loss. If it is not possible to re-issue this paper (for example, the applicant is not a relative of the deceased), then you will have to go to court.

If a person has died, but a death certificate has not yet been received, it will not be possible to issue it. You must first receive the document, and only then issue an extract. If for some reason the body is not released from the morgue for a long time (usually due to an autopsy in the case of a violent death) and no papers are provided, you need to be patient and wait for all procedures to be completed.

Where to pick up a certificate or death certificate

The method of officially obtaining the necessary death certificate depends on the specific location and circumstances:

  1. In an official medical institution - a hospital where citizens are admitted to the hospital or operations are performed.
  2. In the morgue, if the corpse was brought from the street (discovered by random passersby) or work for an official autopsy or identification.
  3. Right in the apartment, if the death occurred due to natural causes at home. This certificate will be issued by the doctor on duty who will arrive on call. Relatives are required to immediately call a doctor after discovering the body.

There are no problems with obtaining it if the deceased was of advanced age and nothing indicates the fact of violent death.

The relatives of the deceased request a certificate. But there are situations when family members have not yet been informed about the death of a person, or the citizen did not have relatives.

Then an official certificate is issued to relatively strangers:

  1. If a person died in the line of duty, then the certificate is received by the commander of the unit where the official service of the deceased took place. When a part is visited by relatives of the deceased, he is obliged to hand over the document after confirming the relationship.
  2. Official social worker departments caring for a sick and lonely citizen.
  3. If death occurred during the commission of a crime (the person was an accomplice or victim of the actions of attackers), then a certificate is issued to an employee of the investigative authorities. Relatives need to call the Ministry of Internal Affairs and find out the address of the unit where they can pick up the document. In this case, you will also need to confirm your relationship.
  4. When a person dies in prison, the head of the correctional institution receives the certificate.

The situation becomes more complicated if the deceased’s closest relatives are incapacitated. Then medical and social. employees can carry out the procedure for receiving documents and extracting them instead, but only after appropriate consent.

Confirmation of relationship

In judicial practice, there are often proceedings involving confirmation of family ties. If there are no disputes and you have legal documentation on hand, then the relevant papers can be obtained from the registry office. When the situation is ambiguous, additional DNA tests will be required.

Documents that can be used to confirm relationship:

  1. Certificate of childbirth of the person who claims the inheritance.
  2. The same act, but with information about the deceased.
  3. Birth certificate of brothers, grandmothers, father, mother, sisters and any other relatives who also have the right to claim the property of the deceased.

In addition to the official papers described, the following may be useful:

  • certificate of marriage or its dissolution;
  • documents confirming that a person changed his first or last name at some point.

The court also takes into account circumstantial evidence through which the fact of blood ties can be confirmed. But the first thing you need to do is contact the registry office to try to restore the papers without litigation.

Be sure to read it! Appeal in a criminal case: procedure for consideration 2020

The indirect base includes:

  1. Joint photographs of a person who needs to confirm the fact of relationship. The photo must also include the deceased citizen and preferably other family members.
  2. Postcards or any cards with congratulations. It is important that the deceased’s first and last names are written down in his hand, and ideally his status – son, daughter, etc.

The procedure for re-registration of an apartment to another owner

The actions that the parties need to perform directly depend on the type of transaction.

You are advised by the best qualified lawyers

Free: Our lawyers provide free initial consultation on any legal issues. 90% of cases are resolved with one free consultation.

Around the clock: for real estate in an online chat, or use the forms on the website

  1. According to the purchase and sale agreement. Together with the buyer and the notary, a document is drawn up that reflects all the terms of the transaction, including the cost of the object. This type of transmission today is considered the safest from a legal point of view. The sale is considered closed after the purchase and sale agreement is registered with Rosreestr, taking into account the stipulated requirements.
  2. Giving. A deed of gift is drawn up between the donor and the donee, which requires notarization. Further actions after concluding the document are similar to those described above. In addition to the absence of the fact of transfer of funds for the object, the transaction is distinguished by the absence of a financial burden in the form of a state duty for the parties.

Separately, it should be noted the transfer of rights to real estate under a rent agreement. This approach has much in common with a standard purchase and sale transaction. The difference is that there is no requirement for a one-time transfer of funds from the buyer to the seller. Together with the notary, an agreement is concluded, within the framework of which the terms for making payments are determined. The transaction is considered completed after the debt incurred is closed.

Regardless of the conditions under which the re-registration of ownership of the apartment is carried out, the new owner, after completing the procedure, is obliged to contact the management company. The goal is to re-register personal accounts for services. This is due to the lack of interaction between the Criminal Code and Rosreestr. If you do not promptly submit an application of the established form to the Criminal Code, then in the future the new owner will receive receipts for utility bills for the old owner. This in turn can lead to the following difficulties:

  • when making some payments, questions may arise for the payer, because data about one owner is entered in the management company database, and the payment is made by another;
  • If metering devices are not installed in the apartment and payments for services are calculated at the general house rate, then the final price in some cases is affected by the number of permanently registered persons; without re-registration, there is a possibility of charging incorrect amounts to the new owner.

When and in what time frame should this be done?

The law does not establish a specific period within which it is necessary to submit an application for removal from the apartment of the deceased. However, you should not delay this procedure, as you will have to pay utility bills and there may be difficulties with selling the apartment.

Be sure to read it! How can a father receive alimony from the child’s mother - conditions, registration, amount, collection

Over time, the heirs may completely “forget” that the deceased relative has not been removed from the register, and this may cause the sale and purchase transaction to fail.

Re-registration of real estate after the death of a person

The procedure for transferring ownership of an apartment may become more complicated due to the death of the owner. One of the problems is the lack of a will, which can indicate the recipients of the entire real estate or share. If there is no will, then the distribution of the deceased's property is distributed in the standard order, taking into account priority. For some applicants for real estate, such an action may be complicated by the appearance of previously unknown heirs who are entitled to priority rights.

Another difficulty is meeting the deadlines established by law. It is necessary to enter into an inheritance within 6 months from the date noted on the death certificate or the relevant court order. Obtaining ownership rights if the deadline is violated is quite problematic. This is due to the need to go to court, where rights can be established regardless of the period. However, for this, the applicant must have valid reasons, which can be proven documented. Otherwise, the apartment or other property will be transferred to the next persons in order.

If all deadlines are met correctly, then to establish ownership, the heir must contact the notary at the place of registration of the deceased. The procedure involves providing the following documents:

  • application of the established form;
  • the applicant's civil passport;
  • documents confirming relationship with the deceased;
  • death certificate or court order.

The apartment was privatized in the 90s - is it necessary to re-register the documents?

Info Citizens who occupy residential premises of state and municipal housing funds on the basis of social rent have the right to purchase these real estate objects as personal property. The transfer of ownership powers is formalized by a privatization agreement, for the conclusion of which it is necessary to collect the following package of documents:

  • Passport details (birth certificates) of all registered residents.
  • Social tenancy agreement.
  • Statement of the established form.
  • Technical certificate.
  • Extracts from the house register and personal account.
  • A certificate confirming that the parties to the transaction do not have their own home.
  • A certificate stating that the person has not previously taken part in the privatization process.

The transfer of rights to privatized property is subject to mandatory state registration.

Re-registration of property

Advice from lawyers:

1. How much will it cost to re-register land ownership? Where to go? And what will the deadlines be?

1.1. You need to decide through what kind of transaction you are going to do this. Donation, purchase and sale. Then prepare and sign the agreement and submit it for state registration (possibly through the MFC). You'll get it done in 2-3 weeks.

Did the answer help you?YesNo

1.2. Hello, what do you mean by re-registration? Sell ​​or donate? Then the state duty is paid, an agreement is drawn up and a set of documents is submitted to register the transfer of ownership. Good luck and all the best.

Did the answer help you?YesNo

1.3. I would advise you, if you are not going to do the re-registration yourself, to involve lawyers or realtors. It’s better if they are realtors whose office is located next to Rosreestr of the area where the site is located - they do it much faster and easier.

Did the answer help you?YesNo

1.4. Hello! If you are going to complete the transaction yourself, then the minimum cost is 2000 rubles. state duty. However, as for land plots, in 99% of cases this is not limited to, since it may be necessary to carry out land surveying or other actions. In general, of course, it is better to study your situation in more detail, preferably during a face-to-face meeting with a lawyer in order to give more detailed advice. Such issues are usually resolved positively. Good luck to you and all the best!

Did the answer help you?YesNo

Consultation on your issue

8

Calls from landlines and mobiles are free throughout Russia

2. Is the lease agreement (of the store) registered in the registry an obstacle to the re-registration of ownership of this store (donation agreement between relatives), the lease agreement has not yet expired.

2.1. The presence of a lease agreement is not such an obstacle according to the Civil Code of the Russian Federation.

Did the answer help you?YesNo

2.2. No, a lease agreement is not an obstacle to registering a gift agreement.

Did the answer help you?YesNo

2.3. If the owner changes, the lease agreement will remain valid.

Did the answer help you?YesNo

2.4. And the presence of a lease agreement does not prevent re-registration.

Did the answer help you?YesNo

3. In 2013, my brother and I entered into an inheritance. The subject of inheritance is a land plot. Now we want to re-register ownership from the late mother to ourselves for the subsequent sale of this plot. Please tell me whether it is necessary to change the cadastral passport when re-registering property?

3.1. No, you do not need to change your cadastral passport. It's valid.

Did the answer help you?YesNo

3.2. Hello. If the passport is issued for your mother, then you need it. If there are no changes, then you can leave it like that.

Did the answer help you?YesNo

3.3. Yes, the old name of the owner should be there.

Did the answer help you?YesNo

3.4. It is necessary if there have been any changes in the size of the plot, or 5 years have expired from the date of its issuance.

Did the answer help you?YesNo

4. How to buy an apartment, or where to see it. I am interested in the principle of re-registration of property - is a notary or lawyer needed in these matters, or can everything be done in multifunctional centers?

4.1. You enter into a written agreement and contact the MFC to register the transfer of ownership. No notary required.

Did the answer help you?YesNo

4.2. Everything can be done at the MFC without the participation of a notary, but at the discretion of the lawyer.

Did the answer help you?YesNo

4.3. To transfer ownership rights, you must submit documents to the MFC for transfer to Rosreestr. It is not necessary to contact a notary or lawyer to draw up an agreement and other documents; you can do it yourself.

Did the answer help you?YesNo

4.4. It is also possible to draw up an agreement at the MFC; you will be given a receipt for payment of the state duty there. Bring with you a passport, a certificate of ownership of the property, and the spouse’s consent to dispose of the property if it was acquired during marriage.

Did the answer help you?YesNo

5. There are 6 of us owners in the apartment. I would like to give my 1/6th share of the apartment to my mother by registering a notarized deed of gift. Is the consent of the other 4 owners required to re-register property?

5.1. Maya, when drawing up a gift agreement, the consent of the other owners is not required.

Did the answer help you?YesNo

5.2. When donating, the consent of other owners is not required.

Did the answer help you?YesNo

5.3. Good evening! Consent is not required for gift shares. Property acquired during the marriage by either spouse is subject to the right of joint ownership. That is, a husband or wife has the opportunity to claim equal property interests in real estate, in particular an apartment that was purchased during the marriage. The Family Code of the Russian Federation establishes the right of joint ownership of all movable and immovable property that was acquired during this period. If the share was acquired during the marriage, then the donor, while married, deciding to formalize a deed of gift for the share in the apartment acquired during the marriage, then he must officially and notarize the consent of the second spouse to formalize the gift transaction.

Did the answer help you?YesNo

6. Why is it so expensive to transfer ownership of a piece of land from wife to husband? Our notaries in Sevastopol ask for about 15 thousand for their work. Is it possible to re-register a plot of land in some other way.

6.1. Hello, if the transaction does not involve shares, then it is not subject to mandatory notarization. Otherwise you will have to pay. Good luck and all the best.

Did the answer help you?YesNo

6.2. ☼ Hello, Try contacting any other notary, but in general, transactions with shares are really expensive. I wish you good luck and all the best!

Did the answer help you?YesNo

6.3. Of course you can. This action does not have to be performed through a notary. Any lawyer can draw up a gift agreement, for example.

Did the answer help you?YesNo

7. How to correctly draw up a statement of claim to the court on the issue of re-registration of property (house) from daughter to mother?

7.1. The application must comply with procedural rules. No one here will tell you how to draw it up correctly without knowing all the circumstances of the case. In addition, drafting documents is a paid service. It is better for you to consult a lawyer in your city.

Did the answer help you?YesNo

7.2. Dear Irina Leonidovna! The statement of claim must have a “heading”, background, legal basis, motivation and pleading part, an appendix, date and signature of the person submitting the statement.

Did the answer help you?YesNo

7.3. Hello, to do this you need to know your problem.

Did the answer help you?YesNo

8. I want to give my sister a dacha (I’m moving to another city), but I doubt that she will re-register ownership of the property (she will just use it), what should I do to avoid paying property taxes, electricity, etc.? Thank you.

8.1. In order not to pay, Valery, the documents must be reissued in any case. You can take a power of attorney from your sister and arrange everything yourself (it’s not difficult). Have a nice day.

Did the answer help you?YesNo

8.2. Dear Valery, Moscow! The law does NOT require MANDATORY notarization of the Dacha Donation Agreement (Article 572 of the Civil Code of the Russian Federation). Therefore, after the parties have signed the Donation Agreement, it is necessary to apply to the Rosreestr of a subject of the Russian Federation with a gift agreement for state registration of the transfer of ownership from the donor to the donee (Article 2 of the Federal Law “On State Registration of the Russian Federation”. In this case, the Rosreestr of a subject of the Russian Federation will be required (Article 572 of the Civil Code RF): -presence of the DONOR and DONEE or their representatives by proxy with passports; -title documents for the dacha: a) Certificate of ownership; b) Cadastral, Technical passport for the dacha, etc.; -A certificate from the Federal Tax Service of the Russian Federation confirming the absence of tax arrears for this dacha; - a receipt for payment of the state duty for the state registration of the transfer of ownership in the Rosreestr of the subject of the Russian Federation of the dacha (2 thousand rubles), etc. I wish you success Vladimir Nikolaevich Ufa 03/22/2016

Did the answer help you?YesNo

8.3. Hello. Draw up a gift agreement, hire a lawyer (power of attorney) to re-register it in registry. Chamber (MFC).

Did the answer help you?YesNo

9. My son issued a deed of gift for his car to me (his father). Is it possible for us to keep the insurance (MTPL, CASCO, MTPL) when re-registering the ownership of the car to me (to my father), since my son, after re-registration, also intends to use this car. Or is it possible to make changes to the policy taking into account the fact that I will be the owner of the car, and my son will be the authorized representative for the right to drive my car. THANK YOU,

9.1. Hello, the main thing is that you are both included in the insurance! There is no need to change anything now!

Did the answer help you?YesNo

9.2. By agreement with the insurance company, the CASCO policy can be reissued in your name. But the MTPL policy ceases to be valid from the date of sale of the vehicle and the new owner, upon transfer of rights, is obliged to provide the MTPL policy to the traffic police in his name.

Did the answer help you?YesNo

9.3. No, this will be a new agreement.

Did the answer help you?YesNo

10. I am the founder of a microfinance organization. More precisely, we are engaged in issuing money on the security of cars with the re-registration of ownership (of the car) to our company. We need an experienced lawyer to review our contracts and draft new contracts based on current laws.

10.1. Choose a lawyer, contact us.

Did the answer help you?YesNo

10.2. Hello. We have similar experience. Contact the lawyer of your choice with the documents.

Did the answer help you?YesNo

10.3. Need more information. So what are the conditions? Payment amount?

Did the answer help you?YesNo

11. What documents are needed and what is the procedure for re-registering the ownership of the apartment from my father to my daughter (adult)

11.1. Conclude a gift agreement and register the transfer of ownership in Rosreestr; in the gift agreement, indicate the family relationship between the donor and the recipient.

Did the answer help you?YesNo

11.2. Your father can transfer the apartment to you under a gift agreement. Next is the gift deed, cadastral passport, state certificate. registration of ownership of the apartment, certificate f.7.f.9 are submitted for registration to Rosreestr.

Did the answer help you?YesNo

11.3. Marina, the easiest way would be under a gift agreement.

Did the answer help you?YesNo

12. Give me some advice, please. In 2002, we bought an apartment under a contract and registered everything only in the name of the father, with the presence of a minor brother (I am his sister). He was 14 years old, he was registered in the apartment immediately after purchase. Can we now achieve re-registration of property through the court and recognize 1/2 share of the apartment for the younger brother? Thanks in advance.

12.1. No, the property of parents and children is separate. Your brother only has the right to use his father's apartment.

Did the answer help you?YesNo

12.2. There is no infringement of the rights of a minor in the described situation.

Did the answer help you?YesNo

12.3. Good evening Elena. And the purchase of an apartment in 2002 occurred after what transaction? Did your brother have property before this? And what is your problem with your apartment now?

Did the answer help you?YesNo

13. I entered into inheritance rights in November 2020, but to date I have not received or paid for the documents from the notary. What is the acceptable period for obtaining documents and re-registration of property?

13.1. If you have submitted an application to a notary to accept the inheritance and an inheritance case has been opened, then you can register your rights to the inherited property at any time. There is no deadline.

Did the answer help you?YesNo

13.2. The period is not limited (if an application is submitted) even after 25 years, only this will affect the payment (+ additional certificate services), since the state fee for notary services does not stand still.

Did the answer help you?YesNo

Consultation on your issue

8

Calls from landlines and mobiles are free throughout Russia

14. How to write a claim at the end. statements, I ask the court to recognize the policy as invalid because an agreement was drawn up stating that I am the owner and this is evidenced by the contractual receipt and to recognize the ownership right under the contract of receipt for me with the right to re-register the property. Perhaps something like this or other versions? Regards, Alexey!

14.1. Hello, Alexey. You can contact any lawyer to draw up (or check) a statement of claim and make adjustments to it.

Did the answer help you?YesNo

14.2. To formulate claims, you need to know the essence of the dispute. Reframe. Extremely incorrectly formulated.

Did the answer help you?YesNo

15. In Moscow, can I submit documents to the MFC for re-registration of ownership of a dacha plot and buildings located in the Vladimir region in the Petushinsky district.

15.1. Hello. You can take it, but not in all MFCs. Call Rosreestr and find out which one you can.

Did the answer help you?YesNo

15.2. Good evening! Yes, you can. Since 2020, an electronic database has appeared; now you can register property rights without reference to the region.

Did the answer help you?YesNo

16. There are 6 of us owners in the apartment. I would like to give my 1/6th share of the apartment to my mother by registering a notarized deed of gift. Is the consent of the other 4 owners required to re-register property? Can other owners or my creditors somehow challenge this gift agreement?

16.1. Mayan! What does a “notarized power of attorney” have to do with it if we are talking about a gift agreement? Get yourself together and sort out your thoughts and plans first! :sm_ad:

Did the answer help you?YesNo

16.2. Not required, the transaction is notarized, donate.

Did the answer help you?YesNo

17. I want to sell a car in installments with monthly payments for 2 two years, without re-registration of ownership. How to protect yourself? For example, if a buyer crashes a car, or gets caught drunk, or hits someone... What will happen to me for this? And what's the best way to do this?

17.1. If he gets caught drunk, you won’t face anything, since you didn’t give him your s/s when he was drunk. Regarding everything else, it is necessary to draw up an agreement that takes into account all the circumstances from late payments to an accident.

Did the answer help you?YesNo

17.2. If someone is hit by your car, or an accident occurs, then you may be held as a second defendant, as the owner of a source of increased danger. And there are still a lot of pitfalls. Don't take risks.

Did the answer help you?YesNo

18. We buy a house with a mortgage. The price is 2,800,000, then they say you have to pay for the re-registration of the property, 10 percent of the cost of the house. Is this legal when completing a transaction?

18.1. Hello. The established practice is that the buyer pays for the transaction and the rental of the safe deposit box. You can discuss this issue with the seller. Perhaps he will bear the costs himself or offer to pay in half, but this rarely happens.

Did the answer help you?YesNo

18.2. It depends on who will be involved in the registration of the transaction, if the company authorized by the Home Developer - they can take a commission for the provision of services, although if the owner of the apartment does not agree with this amount, the law does not prohibit him from handling the registration himself and the costs will be much lower, or he can contact another company.

Did the answer help you?YesNo

19. There is an apartment, it has three owners. One of them wants to transfer his share to the second. In what organization and with what document is such a re-registration of property possible?

19.1. Donation agreement. Notarized form of the agreement, since you have shares. Contact a notary.

Did the answer help you?YesNo

19.2. The agreement is drawn up not at the organization, but at the notary. That's where you go.

Did the answer help you?YesNo

20. What options exist for re-registration of ownership of an apartment? In addition to donation, bought and given, inheritance? Do I understand correctly that tax is always paid on acquired/sold property, with the exception of relatives.

20.1. Hello Marina, there are other options: - Exchange (exchange of an apartment for another property) - Rent (transfer of property in exchange for receiving rent and/or lifelong maintenance) - Pledge agreement (transfer of an apartment as collateral).

Did the answer help you?YesNo

20.2. Under a rent agreement, one party (rent recipient) transfers ownership of property to the other party (rent payer), and the rent payer undertakes, in exchange for the received property, to periodically pay rent to the recipient in the form of a certain amount of money or the provision of funds for its maintenance in another form. A rent agreement is subject to notarization, and an agreement providing for the alienation of real estate for the payment of rent is also subject to state registration (Articles 583-584 of the Civil Code of the Russian Federation).

Did the answer help you?YesNo

A few years ago I sold a house, the documents were completed through the registration chamber,

The man went to prison. The house in which he owned an apartment was demolished while he was sitting there.

Re-registration of land ownership: algorithm and step-by-step instructions

By providing them, you will significantly benefit from payment for the service. A specialist from a notary office will draw up a standard land donation agreement and certify it. With the documents for the land plot and the gift deed attached to them, go to the cadastre office and re-register ownership in favor of the new owner.

In accordance with Article 36 of the Land Code of the Russian Federation, if the document does not indicate the type of right, or it is not possible to determine its status, ownership of the specified plot is determined as a property right. You can re-register the right to certifying documents through re-registration of the site at the regional department of cadastre and cartography. How to register a land plot as property by inheritance - read here.

We recommend reading: How to discharge a deceased person from an apartment if he is the owner

Which method to choose


If you want to transfer ownership of housing to a person using a will, remember that the citizen will receive the apartment only if your close relatives who have the right to an obligatory part do not intervene. Execute a deed of gift if you are one hundred percent sure of who you are transferring the housing to. You should not disguise the re-registration of property rights as a purchase and sale transaction; this will only entail additional costs. Rent is rarely used, as it has many different disadvantages (primarily for the rent payer), for example: lack of guarantees of obtaining an apartment; the chance of losing wasted money; long period of entry into ownership.

[smartcontrol_youtube_shortcode key=”how to transfer and re-register real estate in Russia” cnt=”1" col=”1" shls=”false”]

Rating
( 1 rating, average 5 out of 5 )
Did you like the article? Share with friends: