Donating a share in an apartment to a close relative in 2020: order and procedure, documents, taxes, state duty

Features of transferring a share in an apartment to a relative

A gift is a transfer of property. This is an agreement between the parties, which is drawn up in writing. According to the law, the agreement is a gratuitous transaction. In order to transfer a share, it is necessary to conclude a so-called gift agreement.

To do this, you need to prepare the necessary documents.

You can draw up such a document yourself or use the services of a lawyer. You can transfer a share in an apartment in different ways. But the easiest way is to draw up a gift agreement.

You can do this at any time. To complete such a transaction, the permission of other persons is not required. Today, there are two ways to formalize a transaction between relatives:

use the services of a qualified lawyer (notary); draw up the contract yourself.

Let's celebrate!

After all, most people are legally illiterate. Therefore, it is better to use the services of a specialist. If you have legal knowledge, then you can draw up a gift agreement yourself. Let's take a closer look at the procedure: A package of documents (application, various extracts, consent of the council, and documentation for the apartment).

Also, if necessary, you need to prepare copies of documents. Compliance with the conditions.

Some categories of persons cannot participate in such transactions. Drawing up the necessary agreement. It is difficult for an ordinary person to draw up a gift agreement. To do this you need to have the necessary knowledge.

Therefore, it is better to contact a lawyer or notary. These specialists will help you prepare the document correctly.

Nuances and difficulties when donating an apartment to a close relative

A deed of gift is a common way of gratuitously transferring rights to an apartment or its share to close relatives.

This form of alienation has both advantages and disadvantages for both parties. To eliminate possible conflict situations, you need to approach the preparation and collection of necessary documents extremely seriously.

The procedure for registering a deed of gift

Despite the fact that the basis for the execution of the agreement is the desire of the donor, the agreement will be recognized as legal at the legislative level only if all parties to the transaction agree, including the recipient of the property. After agreeing on all the nuances between the parties, as well as making a decision to issue a deed of gift for the apartment, the parties must draw up and sign an agreement in simple written form.

In this case, two conditions must be met:

• The object of alienation must not be encumbered (pledge, arrest, long-term lease, trust management of real estate, etc.)
• The agreement must be drawn up according to officially recognized standards with a mandatory indication of the characteristics of the property being alienated free of charge.

Actions of the parties for the free transfer of real estate to a relative Step 1. Drawing up and signing of a deed of gift by all interested parties.

Step 2. Submitting all necessary documents to Companies House.

Special conditions of donation

A relative acting in the status of a donee is not obliged to accept a gift; there is no guarantee that the donor’s ideas initially suit the donee or were agreed upon with him. It is not uncommon for a situation where a gift of real estate is not a benefit, but a serious burden and a significant burden on a person burdened with family relationships.

If a relative unexpectedly finds out that an “immovable” but unexpected and clearly inappropriate gift is being made to him, he can refuse it at any time before registering the transfer of rights to him. The agreement will not take place. Such refusal is made in writing.

The donor may not fulfill the contract when significant circumstances unexpectedly arise:

• the situation or health of the donor has deteriorated, which radically changes the possibilities of making a gift;
• an unlawful act has been committed against the donor or his relatives and the person to whom it was planned to donate the rights to the real estate is suspected.

Any option for terminating the contract does not give the recipient the right to demand compensation for losses. Actually, in such a situation there is no gift, no giver, no recipient.

The rules and provisions of the contract and additional agreements are confidential and not subject to disclosure.

A characteristic feature of donation is that significant material benefits are transferred from the possession of one person to the property of another person free of charge. The state's interest in such agreements is understandable and objectively justified.

The factor of the real possibility of covering up selfish interests (registering the sale of real estate under the guise of a gift, for example) is obvious and competent government agencies are studying this kind of situations.

But the psychological aspect and the specifics of family relationships in the context of the gratuitous movement of material goods should still be kept in mind. For example, not only the donee can strive to receive a gift and go out of his way until the right is formalized, and then neglect the donor in any unsightly form.

Achieving an unlawful goal is not excluded on the part of the donor. Without being able to sell property, for example, there is a lawsuit going on, so any movement of material wealth can be blocked according to procedural law, be it civil or criminal proceedings. But gift deeds are less visible in terms of moving tangible things, including real estate rights. Giving children their own apartment is a noble gift! For example, to offset alimony that was not paid on time for the entire time when it should have been done.

Such a transaction is invisible, and in return such a “practical” donor, for example, receives a car registered in the name of another person, or money, or other living space.

Relatives can come up with a sufficient number of options for using gift agreements. And it’s good when these options exist in accordance with the rules of law regarding the movement of material goods and established moral values.

Transfer of a share in an apartment to a relative: necessary documents

What documents are needed to transfer a share of an apartment?

A standard registration procedure rarely costs more than 5,000 rubles (taking into account the preparation of draft documents with the participation of lawyers). It will be cheaper to register a draft agreement, which was drawn up by the parties after consultation with a lawyer.

Types of shares:

1. Share in the form of residential premises (in kind)

Often this is a room in a 2 or 3-room apartment. Common premises are a kitchen, a bathroom, a corridor, a passage, and a storage room.

The owners agree on all the nuances through an agreement (Art.

245 of the Civil Code of the Russian Federation). True, the option of judicial allocation of a share in kind is possible. This distinction is inherent in a communal apartment.

1. Uncertain share

Contents: According to the laws currently in force in the Russian Federation, real estate can have two forms of ownership:

1. Common property.
   With this form, the specific size of shares is not determined.
2. Shared ownership.
   It presupposes the common ownership of several persons, the share of each is established.

If the donor owns only a share of the property, the consent of other homeowners is not required when transferring his share. Owners of a share in a privatized apartment can undertake any operation - sell, rent, mortgage, exchange.

The donation of a privatized share in an apartment has become widespread. Usually in such cases the recipient is a relative. For example, a minor.

In this case, two conditions must be met:

Where to start the procedure?

First, you must inform the recipient of your intention to allocate a portion of the apartment. There are times when you can get rejected.

It is important to decide which share of property will become a gift:

• single owner apartments;
• common joint property;
• common shared ownership.

It matters who will participate in the transaction of donating a share of the apartment. Depending on the participants, a package of documents is prepared.

To donate a share, you must be the owner of this share. The sole owner has no restrictions and can dispose of his property as he wants. He can allocate a share to give to his granddaughter. Can transfer his property into common shared property (define 1/2, 1/3, etc. part of the living space for donation); or allocate a share in kind - indicate which room, what area.

We invite you to familiarize yourself with the Waiver of loan insurance: terms and procedure for returning money

If there is more than one owner, a special approach is required:

• If the property is shared, then there is no need to allocate anything; you can immediately donate your part of the property without coordinating the deal with other owners, because donation is a gratuitous act. How to donate a share without the consent of the second owner is described here.
• If the property is common joint property, then you must first go to court to determine the shares in the common property right.

Article 252 of the Civil Code of the Russian Federation provides for the division of property with the allocation of a share. The procedure must be agreed upon by all participants in the common ownership. Art. 245 of the Civil Code of the Russian Federation regulates the determination of shares in the right of shared ownership, 246 of the Civil Code of the Russian Federation - the disposal of property that is in shared ownership.

The law provides for the allocation of a share without infringing on the rights of the remaining owners, without deteriorating the ability to use common non-residential property.

Registration of donation of a share in an apartment in 2020

Let's live.com≫Apartment≫Share≫Donation Article updated: August 16, 2020 Author of the article Svetlana MitrofanovaLawyer.

Work experience - 14 years Hello.

I helped 20 clients formalize the donation of their shares.

In itself, the execution of a deed of gift does not depend on whether the donors are related to the recipients or not.

Therefore, the instructions on this page are suitable for everyone. I divided everything into 3 main stages: 1) collect documents; 2) we draw up a gift agreement; 3) submit the agreement with documents to the MFC or the Registration Chamber to register the transaction.

Parties to the transaction: donor - the one who gives his share; donee - to whom it is given.

Remember: if the owner wants to give someone his share in the apartment, then he does not need to ask the consent of other owners, nor the consent of those registered/living in the apartment, nor the permission of the guardianship authorities if one of the owners is a minor. The owner of a share can give it to anyone - p.

2 tbsp. 246 of the Civil Code of the Russian Federation. And nowhere is it stated about the consent of other owners in such a situation - not in Chapter 32 of the Civil Code of the Russian Federation. Donation, nor in the Federal Law of July 13, 2015 No. 218-FZ, on the basis of which all real estate transactions are registered. Stages:

1. Stage No. 3 – Registration of the gift transaction
2. Stage No. 2 – order a donation agreement for a share of the apartment
3. Stage No. 1 – collecting documents

Stage No. 1 – collecting documents Documents are needed in originals.

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

Transferring a share in an apartment to a relative - procedure

› › Shared distribution of real estate is a fairly common phenomenon.

It occurs in several cases - after privatization, acceptance of an inheritance or a purchase and sale agreement. Many people do not understand how to manage real estate or how to transfer a share in an apartment to a relative when the property is shared. I want to tell you how to do it correctly and how to avoid mistakes.

Relations between owners of shared real estate are regulated by law on the basis of established norms. If it is not possible to reach an agreement, the dispute is resolved in court. Having become the owner of shared property, it is worth remembering:

1. it is not always possible to reach a peace agreement;
2. each case is considered individually;
3. 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.

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.

Especially if the share is allocated in unequal parts, the funds cannot be divided correctly. Misunderstanding, ignorance of the laws, or, as they say now, legal

List of documents for registration of donation of a share of an apartment in 2020 + instructions on where to obtain them

Let's live.com≫Apartment≫Share≫Donation≫Documents Article updated: October 14, 2020

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.

Author of the article Svetlana MitrofanovaLawyer.

Work experience - 14 years Hello. In this article I have listed the documents for registering the donation of a share in an apartment. There are also links to instructions on how and where to get them. The list is current for 2020 and I update it periodically if any laws or registration itself change. The giver is the one who gives. The recipient is the one who accepts the gift.

A small digression - if you need free legal advice, you can write online to a lawyer at the bottom right at any time, you can order a call at the bottom left, or call yourself: 8 (499) 938-45-06 (Moscow and region); (St. Petersburg and region); (all regions of the Russian Federation).

Documents for registering a transaction with the MFC/UFRS Here are the mandatory documents that must be submitted to the MFC or UFRS to register a transaction. After them I listed additional ones.

The notary will need them if the gift deed will be drawn up with him. More on this below.

• Donation agreement for a share in an apartment; Previously, in all cases, a simple form of agreement was suitable for donating a share of real estate.
  By simple form we mean a regular contract printed on A4 sheet. But since June 2020, in most cases, an agreement in a notarized form is required (Clause 1, Article 42 of Federal Law No. 218-FZ).

  Those. You must first certify (certify) the contract with a notary, and only then submit it to the MFC or

Convert shared ownership into private property

Advice from lawyers:

1. I have shared ownership of a private house. How to transfer it to sole ownership.

1.1. Only if the co-owner sells, donates or otherwise transfers the property to you.

Did the answer help you?YesNo

1.2. Hello, through the transfer of all shares to one person. The cheapest way is to transfer all shares to one person through a deed of gift. Modern legislation requires mandatory notarization of such an agreement. In this case, the gift of property to a person who is not a relative is subject to personal income tax, but to a family member is not. To carry out the transaction, all co-owners gather at the notary and sign a common document that secures the transfer of rights to one owner. There is no need to collect any additional papers (for example, consent to the transaction). It is important to note that the cost of notary services is calculated based on the cadastral valuation of real estate. Today this is a very significant amount that can exceed the market price of the apartment. Then the gift agreement is registered in Rosreestr, the amount of the state duty is 2 thousand rubles. The transaction comes into force after its registration.

Did the answer help you?YesNo

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2. How to transfer private ownership of a house into shared ownership for all family members.

2.1. Good afternoon By concluding a gift agreement. The owner of the land plot, together with the donees, must contact a notary to draw up an agreement.

Did the answer help you?YesNo

3. The question is this: there is a one-story house with 3 apartments (type of right: common shared ownership), the house stands on a plot (category of land: land of settlements; permitted use: for individual residential development), each owner has allocated but not delimited shares of the plot (plot in the total share). How to properly divide the plots and transfer them into private ownership separately for each apartment owner?

3.1. Along with the allocation of shares of the house to the department. spruce living quarters. Draw up an agreement on this between all owners. Carry out land surveying, supply plots and departments. premises for cad registration and register property rights.

Did the answer help you?YesNo

4. I want to take out a mortgage using capital to buy a home. The problem is that the building where the apartment is located has several owners. As the bank explained, they do not take property that is in shared ownership as collateral. What exactly is needed to transfer shared ownership into private ownership? I read the law, I would like simpler explanations. I will transfer the shared ownership to the private one, but their apartments will remain in the shared ownership? Do I need to have their consent certified by a notary? Or how will things be? Thank you.

4.1. Elena, it is necessary for everyone to recognize the right of ownership, in this case, of apartments. It is necessary to go to court.

Did the answer help you?YesNo

5. My neighbors and I have a house for two owners. With two separate entrances. But it belongs to us 1/2 share. The land is owned by each owner. Land plots, unlike houses, have different addresses. Land plots for private household plots. Question: is it possible and how to transfer shared ownership of a house into private ownership? Thank you.

5.1. Dear Sergey! Your house is already in private shared ownership. In your situation, it is necessary to terminate the right of shared ownership. If all home owners agree, then you need to obtain a cadastral passport for the house from a cadastral engineer. The data can be found in the BTI. Then go to the notary at the location of the house and draw up an agreement on the termination of the right of shared ownership, indicating specific premises to each owner. Then register the agreement in the Russian Register. If the owners do not agree to voluntarily divide the house, then they need to file a claim in court for the allocation of a share. To do this, contact a lawyer. He will explain everything.

Did the answer help you?YesNo

5.2. Hello! Does the second owner agree or not? If you agree, then enter into a notarized agreement to terminate the right of common shared ownership, that is, the premises will have the status of an apartment. If there is a dispute, then file a claim in court for the allocation of a share in kind.

Did the answer help you?YesNo

6. We want to register the land for a house with 2 apartments. I have common shared property. The share in the right is 39/97, the neighbor just has a privatized apartment. We have different entrances, without amenities. We found out. That the land needs to be registered jointly as joint, but we want the land to be personal property and not shared. To do this, you need to transfer the share of the house into a part of the house, then the land will be registered as private property, how can we register it in each separately.

6.1. 247 of the Civil Code of the Russian Federation - agreement on the division of common shared ownership and determination of shares of the land plot for each owner. This is registered with the Federal Reserve System.

Did the answer help you?YesNo

7. I have common shared ownership of the land, 1/2 part. Can I transfer it to private ownership and how to do it. Thank you.

7.1. Common shared ownership is private. There is no need to translate anything. You have the right to dispose of it as you wish. In this case, the interests of the co-owner must be respected, including when selling the property.

Did the answer help you?YesNo

8. We live in a cottage with 8 apartments, all registered as shares, is it possible to transfer the apartment from shared ownership to private ownership? If yes, what is needed for this? We haven’t been able to sell our apartment for a long time because we can only pay in cash.

8.1. Hello! You can make it a non-shared property. Draw up an appropriate written agreement among yourself in accordance with Article 421 of the Civil Code of the Russian Federation.

Did the answer help you?YesNo

8.2. If only one person becomes the owner of all shares. This can be done either by donating shares or by purchasing and selling.

Did the answer help you?YesNo

8.3. Hello! Do other owners agree to the design of apartments? If you agree, then you can enter into an agreement to terminate the right of common shared ownership. If you do not agree, then you need to file a claim with the court for the allocation of a share in kind.

Did the answer help you?YesNo

8.4. Good afternoon. Termination of shared ownership is possible only if each apartment can be allocated in kind without prejudice to others. Sanitary regulations, fire requirements, etc. must be observed.

Did the answer help you?YesNo

9. The neighbors want to transfer the shared ownership of our residential building with them into private ownership. At the same time, they ask us to give them a photocopy of our documents. In the future, we will have to sign to confirm this so as not to be deceived.

9.1. Good afternoon, please clarify your question, what kind of advice or assistance from a lawyer you need, your question is not clear, sorry.

Did the answer help you?YesNo

9.2. Enter into an agreement with a lawyer so that in this difficult matter - the division of common property, you have a reliable consultant and guide in this matter. Good luck.

Did the answer help you?YesNo

9.3. Hello! Your question is not entirely clear, but I advise you to make any transactions and signatures only with the assistance of a lawyer. This is advice for you.

Did the answer help you?YesNo

9.4. I believe the neighbors want to divide the residential building in kind. In the future, you will sign an agreement on the division of the house (if everyone is satisfied with the division option), and submit a package of documents for registration with the Federal Reserve System. You are unlikely to risk anything by giving your neighbors copies of documents for a residential building, but in the future, during division, it is better to use qualified legal assistance.

Did the answer help you?YesNo

10. We bought a secondary property, which is shared, and both have the same apartment number. Please tell me what is needed and where to go to transfer an apartment from shared ownership to private ownership? Thank you.

10.1. You need to buy all the shares, and then the property will cease to be shared.

Did the answer help you?YesNo

10.2. Shared ownership is possible by purchasing all the shares and registering them in the name of one person; in the same application, ask to combine the shares of the apartment into one object.

Did the answer help you?YesNo

11. Brother and sister inherited 1/2 share. Private house and land. My sister registered her part of the land and received a certificate of ownership. My brother didn't register. The house is also shared ownership. Recently I received a letter from the registration chamber stating that the rights to the house were transferred from previously acquired to archival. How to restore rights to sell land and houses?

11.1. Hello! LAWSUIT in court for recognition of property rights. GOOD LUCK TO YOU.

Did the answer help you?YesNo

12. There is a house with 2 owners, a sister and brother, as I understand it, the property is shared, everything has already been divided, but the brother wants to transfer his share to private ownership. I can’t understand why and what this translation threatens us with?

12.1. If he already has property, then it cannot be changed in any way.

Did the answer help you?YesNo

12.2. Hello Christina. Perhaps the brother does not want to “transfer the share into private property,” but rather allocate his share in kind. Then it will be easier for him to dispose of his property - you will not have a pre-emptive right of redemption, and besides, he will not be selling a share, but a specific apartment in a building of a specific area. In order to answer the question - “what does this threaten us with”, you need to know, firstly, who it is for - “us”, and secondly - how you intend to use your share, what you are going to do with it.

Did the answer help you?YesNo

12.3. Hello Christina. Share means that it is not only his, but also someone else’s. It is private, divided into parts. He won't be able to do anything else. Therefore, this does not threaten you with anything.

Did the answer help you?YesNo

13. I own a 3/5 share of a private house. After surveying, the land plot is owned. My neighbor and I have different cadastral numbers and, accordingly, cadastral passports for our shares and plots. Is it possible to transfer a share in a private home ownership into individual ownership? I want to sell my share, but buyers are not satisfied with shared ownership. And I can’t sell with a military mortgage. Banks do not confirm. Where should I go to transfer to individual ownership?

13.1. Hello! A lawsuit in court for the allocation of a share in kind. GOOD LUCK TO YOU.

Did the answer help you?YesNo

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14. 3 rooms (in a sectional dormitory of 6 rooms) are united into shared ownership. 2 rooms are mine, to whom the documents are privatized, each has their own documents. How can I transfer my company from shared to private?

14.1. Hello, no way - if there is no separate entrance, separate toilet, separate meters and separate communications - the object (apartment) is considered indivisible.

Did the answer help you?YesNo

15. I live in a private house for 2 owners. In fact, these are 2 apartments independent of each other. The property is shared in common. Can I transfer my half of the house to apartment status if the owners of the other half do not want to transfer their half of the house to apartment status?

15.1. If you have common property, then you need to make a real division of home ownership in court.

Did the answer help you?YesNo

16. My mother and I live in a private house. The house is decorated on it. We want to transfer it to shared ownership. How does this procedure happen? What documents are needed for renewal?

16.1. Good afternoon She must draw up a deed of donation of 1/2 share to you.

Did the answer help you?YesNo

16.2. A document of title for 1/2 share in the ownership of the house and its registration in Rosreestr.

Did the answer help you?YesNo

17. Private house individual housing construction. 4 owners, 1/4 shared ownership. Each has a separate entrance, there are no shared rooms. We would like to transfer the share into a part with the assignment of a separate address. Please tell me how possible this is and what procedures need to be done. Thank you!

17.1. This is called allocation of a share in kind. This is possible by agreement between the co-owners or in court. However, there will be no separate address.

Did the answer help you?YesNo

17.2. Hello! You can register it with a notary if all co-owners agree; if they don’t agree, then go to court.

Did the answer help you?YesNo

18. Shared ownership, how can it be converted into private ownership, what is needed for this?

18.1. The question is not correct - shared and private are the same thing. You apparently want to divide the shares, but you did not provide enough information in the question.

Did the answer help you?YesNo

18.2. Allocation of a share in kind - by agreement of the parties, or in court.

Did the answer help you?YesNo

19. The following question has arisen. We live in a house from a private developer, it has 8 apartments, 6 identical and two half as large. The land and the house itself are in shared ownership of 1/8 each. Some residents want to transfer our house to apartment status and turn their share into an apartment. Tell me what are the advantages (except for unimpeded sale and registration) and what are the disadvantages of this. Is it necessary to create an HOA and what does this entail?

19.1. There are no downsides to this solution. Creating an HOA is a right, but not an obligation. Rather, you will need to determine how your home will be managed. There are forms of house management specifically provided for by law. For example, through the work of a management company.

Did the answer help you?YesNo

20. We have a private house in shared ownership with neighbors, tell me how we can transfer the shares into apartments? And if the neighbor doesn’t need anything, and without her consent, we cannot do anything on our own. And is it possible to do land surveying without a neighbor?

20.1. It is necessary to file a claim in court for the allocation of a share in kind. If you need help, please contact us.

Did the answer help you?YesNo

I want to buy a house. which, according to documents, is in shared ownership with 4 neighbors,

Shared ownership, how can it be converted into private ownership, what is needed for this?

How to transfer a plot of land from shared ownership to private ownership? How quickly can this be done?

We transferred the house from shared ownership to private ownership. Now we have apartment 1 and apartment 2.

We had shared property, according to the court, we transferred it to private property and allocated apartments.

We had shared property, according to the court, we transferred it to private property and allocated apartments.

How to convert a residential building into two halves, one that is in shared ownership and one that is on land,

Private house in shared ownership. Two personal accounts per light. I opened an account and installed a counter at my own expense.

The personal account for the light was opened in the name of the previous owner of a private house. Now the house is in shared ownership.

Is it possible to transfer shared ownership in a private house with a separate entrance (there are 4 residents in the house) into a separate apartment. And how can this be done?

There is a question related to shared ownership. The situation is as follows:

Transfer of a share in an apartment to a relative: necessary documents

Contents of the article Shared distribution of real estate is a fairly common phenomenon. It occurs in several cases - after privatization, acceptance of an inheritance or a purchase and sale agreement. Many people do not understand how to manage real estate or how to transfer a share in an apartment to a relative when the property is shared.

I want to tell you how to do it correctly and how to avoid mistakes.

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:

1. it is not always possible to reach a peace agreement;

a positive outcome in a dispute depends on many factors.

2. each case is considered individually;

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.

Arbitrage practice

It is rarely possible to transfer a share in a room through court proceedings. The courts refer to the fact that modern residential premises do not provide for either the possibility of division or the possibility of carrying out grandiose redevelopments. It will be possible to achieve success only with a competent, thoughtful and calibrated approach to business.

Example. Citizen Ivanova appealed to the Preobrazhensky District Court of Moscow. The woman demanded that 2/3 of the shares belonging to her in the right of common shared ownership of a 3-room apartment be allocated in kind. Ivanova wanted to get 2 rooms for her undivided use, because... this was in proportion to her share. The basis for going to court was the impossibility of living in the same territory as the Defendant and the owner of the remaining 1/3 share - citizen Nosov. At the same time, the Plaintiff did not provide technical documentation confirming that this residential premises can be divided into separate, independent and autonomous objects.

The allocation of shares in kind is possible only if this leads to the formation of essentially independent apartments with separate utility rooms, communication systems and entrances. After a series of technical examinations, it was determined that it was not possible to divide the disputed residential premises. In this regard, the court refused to satisfy citizen Ivanova’s demands.

Allocating a share in kind and obtaining an isolated room is a complex process associated with a whole range of legal nuances. The separating owner will need to choose the right method (voluntary or judicial), discuss the situation with co-shareholders, find an independent appraiser, and collect the necessary documents. Don't know where to start transferring a share to a room? Contact a lawyer from the website ros-nasledstvo.ru for a free consultation and get answers to your questions.

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Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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How to register the transfer of a share of an apartment

March 31, 2014 Author KakSimply! The owner of the apartment has the right to transfer its share to another person, for example, his relative.

To do this, it is necessary to prepare a package of relevant documents and draw up an agreement on the transfer of shares with the Federal State Registration Service at the place of residence. Related articles:

1. How to formalize the transfer of property Question “is it possible to inherit an unregistered cooperative garage” - 3 answers You will need
   - certificate of ownership of the apartment; - passports of all participants in the transaction; - extract from the house register; - cadastral passport; - gift agreement; - permission from the guardianship authorities (if necessary).
   Instructions 1 Prepare a special package of documents necessary to confirm your ownership rights and go through the procedure of transferring a share of housing to another person. You will need a certificate of registration of ownership, as well as an extract from the house register for the building in which your apartment is located. The list of documents must include the original and a copy of the cadastral passport. If you are married, draw up and notarize a statement from your spouse that there are no claims to transfer the share to one person or another.
2. How to donate a part in an apartment

Voluntary transfer of a share in a room

An agreement on the allocation of shares in kind is drawn up in writing. This document must be signed by each of the participants in the common shared ownership (or an authorized representative of that participant who cannot be personally present at the time of signing). Notarization of the Agreement is a prerequisite for conducting a legal and lawful transaction. For certification of the document, you will need to pay a state fee, calculated according to the formula “0.5% of the cadastral value of the share, but not less than 300 and not more than 20,000 rubles” (clause 5, clause 1, article 333.24 of the Tax Code of the Russian Federation).

The agreement on the allocation of shares in kind does not have a state standard or a unified form. However, it is recommended to include the following information:

1. Full name, registration/residence addresses and passport details of each participant.
2. Location address, total area and cost of the original apartment (cost - in numbers and words).
3. The size of the shares of all co-owners.
4. The basis on which each of the co-owners received their share.
5. The purpose of drawing up the document (allocation of shares in kind in established proportions).
6. Description of the property that will remain in the common shared ownership of the non-allocated co-owners (for example, their unchanged shares).
7. Description of the type of ownership of newly formed objects. As a rule, when isolated rooms are allocated, they become the individual property of their owners.
8. The clause about the absence of claims against each other, the absence of housing encumbrances, the absence of the possibility of unilaterally renouncing the terms of the Agreement.
9. The procedure for paying monetary compensation and its amount (optional).
10. A clause on the need to register the Agreement in Rosreestr (indicating who is responsible for applying to the government agency).
11. Number of original copies of the Agreement (1 original agreement for each participant in the transaction + 1 original agreement for Rosreestr).
12. Other information that has significant legal force for participants.
13. Date and place of compilation.
14. Signatures of all co-owners.

If co-owners want to divide the rooms between each other, but at the same time want to maintain the shared principle of ownership of real estate, they should draw up not an Agreement on the allocation of shares in kind, but an Agreement on determining the procedure for owning and using the apartment.

Next, the person responsible for re-registration of property rights must contact Rosreestr. You need to have with you:

• an original copy of the Agreement on the allocation of shares in kind;
• your passport, as well as copies of passports of all parties to the Agreement;
• registration certificate for the apartment, issued by the BTI;
• extract from the Unified State Register of Real Estate;
• optionally - permitting documentation for redevelopment, issued by the BTI;
• receipt of payment of state duty in the amount of 2000 rubles.

Updating information in Rosreestr takes from 1 to 9 days. Once the updated information is entered into the unified database, the transfer of shares to rooms will be officially completed.

How to properly formalize the donation of a share in an apartment to a close relative?

Donating a share in an apartment to a close relative is a procedure that is often used to ensure the transfer of property. Its essence is largely the same as a will, only the donee does not have to wait for the death of the donor.

When a share in an apartment is donated to a close relative, a written agreement is drawn up.

In this document, the donor expresses his will, and the donee accepts the gift, which both parties sign.

According to Art. 574 of the Civil Code of the Russian Federation, a deed of gift for a share in an apartment is subject to mandatory registration in Rosreestr.

According to Federal Law No. 302 of December 30, 2012, from March 1, 2013.

It is necessary to register the transfer of ownership of real estate from the donor to the donee.

You can draw up a document yourself in simple written form, then contact the Registration Chamber and carry out all the necessary registration activities.

However, you can simplify your task and transfer this responsibility to a notary, who will certify the transaction and register it himself. The cost of notary services is higher than the cost of self-registration, but challenging a properly certified deed of gift is much more difficult.

Download (sample) Download If a close relative receives a gift, then he will not have to pay income tax (NDFL). In other cases, citizens pay 13% of the value of the property received as a gift, and foreigners – 30%. Relatives are considered close:

Who can I give or transfer an apartment to?

The recipient is a person who receives from the donor a privatized share in an apartment on a gratuitous (free) basis. As practice shows, “gifts” are most often given to relatives: parents, children, brothers, sisters, grandparents. Less often - to distant relatives and strangers.

Who can NOT receive a share in an apartment as a gift (Article 575 of the Civil Code of the Russian Federation):

• civil servants and their deputies;
• workers in educational, social, medical and other public sector sectors;
• bank employees.

In addition, donations in favor of legal entities - companies, enterprises are not allowed... For this type of transaction, there are other forms: a purchase and sale agreement or a testamentary deed.