A step-by-step algorithm for concluding a gift agreement, as well as how to draw up a deed of gift for a share in an apartment or 1/2 of it, and where can this be done?

Donation in this case is the gratuitous transfer of an apartment or its share to a relative. Donation is an inalienable right of a citizen, which is guaranteed by the Constitution and ensured by current legislation.

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The donation of an apartment or other expensive property, unlike other facts of donation, should be documented by drawing up a donation agreement, which will be duly certified by a notary.

In this article we will look at all the features and nuances of the procedure for donating an apartment to a relative.

What is a share?

When considering not the whole apartment, but its share, you should decide on the concept.
A share is an independent object in the form of a privatized part of an apartment. The share belongs to the owner on the basis of the privatization agreement, as well as an extract from the Unified State Register of Real Estate.

Types of shares:

• 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 (Article 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.

• Uncertain share

Regardless of how many owners live in the premises, they can use the rooms at their discretion. Payment for utilities also occurs jointly.

Donation of a share is possible taking into account the interests of the remaining owners. Let's say, if they agreed that the shares are equal, the donor will not be able to transfer to the relative more than what belongs to him.

Law

The procedure for drawing up donation agreements and subsequent re-registration of ownership rights is established by the following regulations:

1. Civil Code of the Russian Federation.
2. Fundamentals of legislation on notaries.
3. Federal Law “On State Registration of Rights...”.
4. Federal Law “On Cadastral Activities”.
5. Federal Law “On State Registration of Real Estate”.

The Notary Law applies to the notarization of contracts. When donating a share in an apartment, a mandatory notarization of the contract is required.

Is it cheaper to issue a deed of gift or a purchase sale?

When registering property in other hands, the question of choosing the method of such registration always arises. From the point of view of the cost of registration, donation and sale agreements are often compared. So, what is more profitable to arrange? If we immediately note what is common to contracts: the absence of the need for certification and notarial participation, the obligation to register the right to some objects without connection with the method of transfer.

The main thing that distinguishes these two agreements from the financial side is taxation. In the case where a deed of gift is concluded between close relatives, it is the most beneficial. In this case, you do not need to pay tax on income. Whereas, for example, when registering a purchase and sale when the apartment has been owned for less than 3 years, you cannot evade tax.

Thus, the financial side of executing two different contracts should be considered separately. This is due to the characteristics of the property, the position of the parties and other nuances.

In what cases is a deed of gift invalid?

A deed of gift for a share in an apartment must be drawn up in full compliance with current legislation. Legal errors in it will lead to the cancellation of the transaction.

Reasons for declaring a deed of gift invalid:

1. Signing under threat of life or blackmail;
2. Registration without obtaining the consent of the spouse for the transaction;
3. Signing while under the influence of drugs or alcohol;
4. The donor was a minor child or an incapacitated person;
5. The donor suffers from mental illness and cannot be held accountable for his actions.

The deed of gift is declared invalid in court. The donor or his official representative must file a claim in court. In case of violation of the law by the recipient (for example, threats on his part to the donor), it is necessary to contact the investigative committee to initiate a criminal case.

Required documents

When planning to complete the donation procedure, you should take into account that there are several options for the development of the event - you can entrust the execution of the agreement to a notary or figure out the process yourself without the help of a professional.

Regardless of which method you choose, you need to prepare documents. You need to have on hand:

• photocopies and originals of identification documents of all parties to the agreement;
• a document proving the owner's rights to real estate;
• in the case where the donor is married and the apartment is jointly owned, the written consent of the spouse is required;
• if the donors or the recipient for some reason cannot attend the transaction, you need a power of attorney signed by a notary and a passport of the authorized person;
• in the case where the share will be given to a minor, permission from the guardianship authorities is required;
• deed of gift in several copies. The required quantity is determined based on the number of persons taking part in the transaction.

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.

The donor cannot be an incapacitated person or a minor if the transaction is not reported to the guardianship authorities.

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.

Who does not have the right to transfer their share?

The law regulates the procedure for transferring a share to a relative.

There are the following restrictions:

1. Civil servants, medical and social workers. This category of persons cannot enter into gift relationships. Why is there such a ban? Because civil servants can take advantage of their position. For example, a citizen may transfer property to a government official as a bribe. Medical workers can also use their official position. For example, a citizen transfers his property to a medical professional as payment for an operation. Therefore, the law strictly regulates such transactions.
2. Children under 14 years of age and disabled persons. According to current legislation, this category of persons cannot transfer a share in the apartment to a relative.

Advantages and disadvantages

Positive aspects of drawing up a gift agreement:

• ease of compilation;
• in the absence of other conditions, the transfer of property is completely free of charge;
• ownership comes the same second as soon as the agreement is registered.

Negative aspects of compilation:

• if the donee is under 14 years old, guardians or parents sign the contract instead; only citizens over 14 years old can sign;
• If desired, the contract can be challenged in court, so it is very important to draw it up correctly, taking into account all the requirements of our legislation.

Is it possible to give housing to a stranger?

The law does not establish restrictions on donating a privatized share in an apartment to strangers. But, before resorting to a transaction, you need to make sure that it does not violate the interests of other owners. However, the donor is not obliged to seek the consent of the remaining shareholders.

Example: The Yakovlev family privatized an apartment. Housing was considered joint, so both husband and wife owned equal shares. However, family life did not work out, and the couple divorced. Yakovlev moved out of the apartment - the man decided to give his share to a close friend. The parties signed a deed of gift, the share passed into the hands of a stranger to Yakovleva. The woman immediately filed a statement of claim in order to invalidate the deed of gift. The main motivation is that she supposedly owns the rights to the second half of the apartment, which means she retains the primary right to receive the first share. But the claim was denied. Explanation of the court: the plaintiff really has rights to the second half, but since the share was transferred as a result of a donation - the ex-husband did not have to ask the ex-wife’s permission. As well as offering her his share.

Tip 1: How to issue a deed of gift to a husband for his wife

January 7, 2012 Author KakSimply!

According to Article No. 34 of the RF IC and Article No. 256 of the RF Civil Code, all property of spouses acquired in a registered marriage is common shared property, regardless of which of them has the right of ownership. In the event of the death of the husband, the wife will be the heir of the first priority along with the children of the husband and his parents.

If a spouse wants to give his share of property to his wife during his lifetime, then he can draw up a gift agreement, a will, or write a marriage contract. Related articles:

1. How to donate an apartment Question “abandonment of a child by the father” - 2 answers You will need
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2. How to issue a deed of gift to a husband for his wife
3. How to donate a part in an apartment

Gift of property to a spouse (husband) or spouse (wife)

/ / / / Spouse As is known, gift relationships are always characterized by their gratuitousness in relation to the recipients.

It is precisely because of these properties of the deed of gift that it is most often concluded in favor of close people, including in favor of spouses. A characteristic feature of such a transaction is that there is no need to pay income tax. Another important point is that in order to gift property located in a property to a husband or wife, it is necessary to first establish a regime of shared ownership of the property.

And only after this, one spouse will be able to give the other his share in the common property. Let us consider these and other aspects in more detail. By the provisions, the legislator established a regime of joint ownership of all property acquired by spouses during marriage, except in cases of receiving it as a gift and inheritance.

Also, the results of intellectual activity and personal items do not belong to such property. Additionally, according to paragraph.

Agreement conditions

The donation is free of charge. There should be no counter-conditions in the agreement. Otherwise it can be challenged.

The contract must contain a clear description of the alienated property. The transfer of the share is carried out during the lifetime of the owner of the object.

Violation of any clause makes the gift agreement void or voidable.

Is the consent of the co-owners required for the alienation of part of the premises? Typically, consent is required in case of sale of property (Article 250 of the Civil Code of the Russian Federation).

When concluding a gift agreement there are some nuances. Only the allocated share can be given as a gift without the consent of the co-owners. An object in joint ownership can be donated only with the consent of the co-owners.

How much does the service cost?

Drawing up an agreement will cost more than one thousand rubles. We must not forget about taxes to the state. If the donation is made to non-relatives, then 13% of the cost of housing will have to be paid.

So, the execution of a deed of gift has its own nuances, which should not be forgotten, as this is fraught with consequences. And as soon as the decision to donate is made, in order to protect yourself, you should contact a lawyer for advice and the correct execution of papers.

Methods

The donation of part of the housing occurs by concluding an agreement. However, sometimes citizens have to go to court. The reason is the death of the donor. If the recipient did not have time to register ownership, then the property of the testator is included in the inheritance. The legal successors of the property are the family members of the deceased subject.

Example. The plaintiff went to court. He asked to recognize the deed of gift as concluded, and the certificate issued by the notary as invalid. The plaintiff also asked to cancel the certificate of ownership. Justification of the requirements - a gift agreement was drawn up between the plaintiff (son from his first marriage) and the late citizen K. But the plaintiff did not have time to register ownership of the premises due to the death of the donor. The defendants were the heirs of the deceased subject. They knew about the conclusion of the gift agreement, however, they turned to a notary to register the inheritance. As a result, the plaintiff lost the property donated to him. The legal successors registered the ownership rights with the Federal Registration Service of the Omsk Region. Two defendants admitted the claims. Another claimed that he knew nothing about the existence of a gift agreement. Moreover, the agreement was not certified by a notary. Therefore, he asked to dismiss the claim. However, the court did not agree with the defendant's opinion. The deal was concluded before amendments were made to Federal Law No. 172-FZ. Therefore, notarization of the agreement was not required. The claims were satisfied.

Peculiarities of drawing up a gift agreement for two persons

Under a gift agreement, the donor undertakes to transfer ownership of certain property to the donee free of charge. You can gift one, two or several people at the same time. The subject of the agreement, if there are two persons on the donee’s side, will be two shares, or two parts of the property being donated, if it represents one whole. Before concluding a transaction, it is necessary to determine the shares or parts that are due to each of the donees. If they are not defined in the contract, then they will be considered equal.

If a gift agreement is drawn up for two persons in one document, the contents indicate the two donees and the size of the shares or parts transferred to them. When submitting documents for registration of the transfer of ownership of property, the number of copies will depend on the number of parties to the agreement and one for the registration service.

A separate agreement can be formed for each donee. This applies to a greater extent to deeds of gift, the subject of which is various property.

Do I need to have the contract certified by a notary?

If the apartment belongs to different owners, the gift agreement must be certified by a notary. The exception is certain situations when you don’t have to go to a notary’s office:

• real estate has several owners, and all transfer shares to the donee under the DD within one transaction;
• One person owns an apartment and wants to give a share to another.

Case studies:

No. 1. Several owners.

The apartment is owned by the spouses, the shares are allocated. They decide to register a DD for their common child. For this purpose, a tripartite agreement is drawn up, where the parties are the mother, father and minor. One of the donors acts on behalf of the latter - he signs for the child, because he is under 14 years old. The DD is registered in Rosreestr, and ownership passes to the donee.

No. 2. One owner.

A citizen owns an apartment purchased before marriage and decides to donate ½ share to his wife. The donor and donee draw up a DD, then contact the MFC to re-register ownership.

Legal advice: be careful when donating shares in a marriage. In the event of a divorce, the ex-spouse will retain ownership of part of the property and will not be able to evict him. Real estate acquired during marriage through a gift is not subject to division (Article 36 of the RF IC).

Cost of notary services

Notaries charge 500 rubles to certify the consent of the spouse. Certification of DD is much more expensive. According to Art. 333.24 of the Tax Code of the Russian Federation, the state duty is 0.5% of the cadastral value of the donated share, minimum 300, maximum 20,000 rubles.

If the deed of gift is drawn up by a notary, you will have to pay an additional 5,000-7,000 rubles. The cost of technical services is set by regional notary chambers.

If necessary, you can order documents to be sent for registration by a notary; the service is provided free of charge. Previously, it was paid, but at the beginning of 2020 the tariff was canceled.

Let's look at an example of duty calculation:

A man gives ½ of an apartment to a child, the cadastral value is 2,000,000 rubles.

2,000,000 x 0.5% = 10,000 rubles.

If he had a wife, he would have to pay another 500 rubles to verify her permission.

Important! If the notary fee exceeds 20,000 rubles, the specified amount is paid, because this is the maximum limit. For the calculation, the cadastral or inventory value of the donated share is used, and not the entire housing. The choice of value for calculating the payment rests with the donor.

Should I contact a notary: pros and cons

Since 1995, deeds of gift do not require mandatory notarization . The parties can do without his services: find a sample gift agreement, enter the main nuances, register the transaction in Rosreestr and transfer part of the property.

But if there are doubts that relatives can challenge the deed of gift, it is better to contact a notary.

Advantages of donating with the help of a notary:

• an employee of a notary office carefully checks the condition of the parties: legal capacity, adequacy, sanity, absence of selfish intent, fictitiousness of the transaction, etc.;
• a lawyer studies documents for a privatized share;
• professional assistance in drawing up a gift agreement and an act of acceptance and transfer of an object;
• exclusion of fraud.

Disadvantages of contacting a notary:

• high cost of services - in addition to the state duty, you will have to pay for a real estate appraisal;
• a huge list of documents for assessment (technical passport, extracts from the Unified State Register of Real Estate, house register, title documents, archival information, tax certificates...).

Whether to contact a notary or do it on your own is something everyone decides for themselves. If you are experiencing difficulties, we recommend that you get a free consultation from our lawyers. Experts will tell you about all the pitfalls of the deal and give a professional assessment of your situation.

Donation of half of the apartment

Advice from lawyers:

1. What taxes will both parties need to pay when giving half of the apartment from a mother to her son? The apartment was privatized a long time ago, 1 year ago, after the death of her husband, the mother completely re-registered the entire apartment for herself.

1.1. Hello! No one pays any taxes - only the state duty for registering the transfer of rights is paid by the donee - 2000 rubles.

Did the answer help you?YesNo

1.2. Giving between neighbors Related Not taxed.

Did the answer help you?YesNo

1.3. You are exempt from taxes of the Tax Code of the Russian Federation Article 217. Income not subject to taxation (exempt from taxation) 18.1) income in cash and in kind received from individuals as a gift, with the exception of cases of donation of real estate, vehicles, shares, shares, shares, unless otherwise provided by this paragraph. ""Income received as a gift is exempt from taxation if the donor and donee are family members and (or) close relatives in accordance with the Family Code of the Russian Federation (spouses, parents and children, including adoptive parents and adopted children , grandfather, grandmother and grandchildren, full and heterogeneous (having a common father or mother) brothers and sisters);

Did the answer help you?YesNo

Consultation on your issue

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2. I bought his half of the apartment from my brother. The other half belonged to me. The deal was completed, I was already married. The apartment was registered in my name. How can I formalize the donation of half of the apartment to my wife, because only half of the apartment was acquired during marriage and, according to the law, the wife has the right to only a quarter?

2.1. Indicate in the donation that you are donating your share under the agreement under which you bought it from your brother.

Did the answer help you?YesNo

2.2. Draw up a donation agreement for 1/2 share of the apartment and register it with Rosreestr.

Did the answer help you?YesNo

2.3. You cannot give this share to your wife, since you are married. You can enter into a prenuptial agreement or an agreement on the division of property.

Did the answer help you?YesNo

3. There is an apartment which is entirely owned by the spouse, bought during marriage. Can a spouse demand a deed of donation of half of the apartment in her favor?

3.1. Yes, of course, it may require the allocation of a share either by an agreement on the division of the apartment or by drawing up a gift agreement.

Did the answer help you?YesNo

3.2. The previous answer is not correct. No one has the right to force a spouse to give his wife half of the apartment or allocate a share. The spouse must apply to the court with a statement of claim for the division of the joint property of the spouses. The apartment is joint property and the court recognizes the spouse's ownership of 1/2 share of the apartment.

Did the answer help you?YesNo

3.3. An apartment purchased during marriage is the joint property of both spouses. The spouse can divide the jointly acquired property in court, as a result of which 1/2 share of the apartment will be registered in her ownership on the basis of a court decision. It is impossible to force a husband to conclude a deal against his will.

Did the answer help you?YesNo

4. I live in the Perm region, my son is in Moscow, he wants to draw up a deed of donation of half of the apartment to me, his mother, how to do this without leaving Moscow, what documents and where to submit?

4.1. You need to write your consent to the notary.

Did the answer help you?YesNo

4.2. Contact a notary to draw up a deed of gift. You should write a consent to the deed of gift, transfer it through a notary in the Perm region by order... i.e. Through the VNP system, a notary in Moscow will receive your consent and your son can draw up a deed of gift in Moscow... which he can send by mail or also transfer through a notary. I recommend contacting a notary at your place of residence, he will explain everything to you, you just need to pay the fee, the notary will do the rest of the work.

Did the answer help you?YesNo

5. Please help me in the matter of donating half of the apartment... I am divorcing my husband, he agrees to give away his half of the apartment. How does this procedure happen, where to go, what documents are needed.

5.1. Contact a notary, he will draw up and certify the gift agreement. He will provide you with a list of necessary documents.

Did the answer help you?YesNo

5.2. If you purchased an apartment during marriage, it is considered your joint property. If the certificates for each of you already indicate the size of the shares (for example, 1/2 for each) and the marriage is dissolved, then it is enough to formally conclude a contract for the sale and purchase of the share. If the marriage is not dissolved, then it is necessary to conclude a gift agreement before the divorce, so as not to pay tax to the donee after the divorce.

Did the answer help you?YesNo

6. The husband (owner of the apartment) wants to apply for a ban on real estate transactions through the MFC. Tell me, can he, after some time, give half of the apartment to his adult daughter under a gift agreement, while he himself will be on the deal? Thank you.

6.1. Of course it can, because we are talking about personal presence.

Did the answer help you?YesNo

7. The child’s father wants to register half of the apartment (he inherited from his parents) for our joint child (1 year old). He also has children from his first marriage (2 children), they live with their mother (the children have shares of ownership in their apartment). So the question is: will the mother of those children, if something happens to the father, be able to challenge the donation of half of the apartment to our joint child (after all, then all three children will be heirs)?

7.1. Hello. No, you can't. After re-registering the share in the apartment to your son, your son will become the owner. It is very difficult to challenge a gift agreement in court.

Did the answer help you?YesNo

8. Please tell me, I am the owner of a one-room apartment and am registered in it. If I donate half of the apartment to my newborn nephew, will he or his guardians be able to register other persons in my apartment? Thank you.

8.1. No, they won’t be able to do this without the consent of all owners.

Did the answer help you?YesNo

9. How to formalize the donation of half an apartment if the donor cannot move (he is actually dying, but is still conscious). Or is it easier to call a lawyer to your home and draw up a will?

9.1. Hello Svetlana, you need to call a notary, not a lawyer, to your house to draw up a will.

Did the answer help you?YesNo

10. My situation is not standard. While married to my wife (after the wedding), an apartment was purchased and the property was registered in my (husband’s) name. I want to officially divide the apartment by gender with my wife, by donating half of the apartment to my wife. Please tell me whether my wife can claim my remaining half of the apartment in the event of a divorce. If possible, please tell me other ways to divide an apartment by gender without consequences after a divorce.

10.1. Before you give your wife half, draw up an agreement on the division of jointly acquired property in the form of an apartment, where you describe all the conditions - what you are giving her and thus the apartment is considered divided. Get it certified by a notary and then donate half of it.

Did the answer help you?YesNo

11. The husband gives his wife 1/2 of the apartment, the other half already belongs to the wife. In this case, does the wife need to write a notarized consent to her husband to donate half of the apartment to herself? Thank you very much.

11.1. Formally, according to the letter of the law, if this property was purchased during marriage, then yes. But there is an article according to which transactions with oneself are recognized as imaginary (insignificant) and are not allowed. Therefore, write (draw up an agreement). It is unlikely that the Federal Registration Service will require this (consent) from you. Moreover, donation is a free transaction. If it requires it, then ask them in what form it should be expressed. In the form of a conciliation inscription in the contract itself or separately.

Did the answer help you?YesNo

12. Consult, please. My husband and I divorced, through the court we divided our jointly acquired property, and as a result, each of us has half of the house and dacha. Now we want to agree that my husband gives me half of the apartment, and I give him half of the dacha. There is a slight difference in the cost that the other party agrees to pay. Do I need to pay 13% tax if I receive half of the apartment under a gift agreement, but give away half of the dacha myself? Or will the tax have to be paid on the difference in the value of this property?

12.1. Dear Marina, formalize the transaction with an exchange agreement, in which you indicate that the exchange is made with an additional payment of ____ rubles. If the additional payment is less than 1 million rubles, there is no need to pay 13%. For a donation, you will pay 13% from each donation agreement (from the amount at which the donated item will be valued, but not lower than the BTI inventory estimate). Sincerely,

Did the answer help you?YesNo

Features of re-registering a share in an apartment to a relative

In contrast to a single right to property, ownership of a share in some circumstances requires the agreement of the transaction with the remaining owners of the property. The fact that the recipient of part of the property is a close or distant relative does not in any way affect the course of the legal procedure. It is necessary to take into account the features of the chosen registration method and comply with the requirements of the law so that the re-registration is successful and a loved one can become the owner of the property.

The status of “share in real estate” is determined on the basis of Art. 244 of the Civil Code of the Russian Federation, which considers options for registering common or shared ownership. A share is a part of property divided into several owners, with the retention of the right of ownership, use, and disposal. In the absence of a share allocated in kind, the distribution goes evenly to all co-owners of the object.

Any of the persons recognized as a co-owner of an apartment or other real estate has the right to order the transfer of their volume of property to another person, including relatives. In some cases, in order to successfully complete a transaction, you will need to go through an additional approval procedure with the other owners of the property. The presence or absence of family ties can only affect the cost of re-registration.

The following options for transferring part of the real estate are provided:

• barter agreement;
• deed of gift;
• bill of sale.

The consequences and nuances of transaction execution depend on the choice of transaction type.

For purchase and sale

To re-register part of the apartment to your relative, they proceed from the basic provisions of civil law, paragraph 7 of Chapter. 30 State Civil Code of the Russian Federation.

The law establishes that paid transactions are carried out only after agreement with the other owners of the property. The seller is obliged to offer his meters to the other owners of the property, and upon receiving a written refusal from them or ignoring a documented offer, formalize the transaction with any other contender.

Mena

One of the options for rewriting a share in an apartment is an exchange. The grounds for concluding an agreement with the exchange of property are established in the Civil Code of the Russian Federation (Chapter 31). If the requirements for the procedure are met, the registration authority will have no reason to refuse to re-register the share.

Gift deed

Most often, transactions between relatives are carried out free of charge, i.e. no charge. When concluding a deed of gift, the right to transfer one’s property in favor of another person cannot be canceled.

If the share is transferred under a gift agreement, close relatives are exempt from paying tax. When completing the transaction, you will have to confirm the presence of a close family relationship.

The donation agreement frees you from the need to coordinate the transaction with the co-owners of the property, however, you should use this re-registration option only under truly gratuitous transfer conditions. By signing a deed of gift to a stranger with the expectation of receiving the amount as if selling, the former owner risks being deceived. To cancel the transaction, it will be necessary to establish that both parties deliberately made a substitution.

How to transfer or gift a share in a privatized apartment to a relative

In order to register a gift of a part of an apartment to a relative, it is necessary to correctly draw up an agreement. To do this, it is best to contact a professional lawyer. However, if you decide to tackle this difficult task yourself, then below we will tell you how to do it.

Procedure

You must follow this algorithm:

• draw up an agreement for the gratuitous transfer of ownership of a share in the apartment;
• collect the necessary package of documents;
• register the transaction in Rosreestr;
• obtain a certificate of ownership.

Required documents

It is impossible to complete a transaction without a complete package of documents. They are needed for registration at the multifunctional center and registration authorities.

To transfer a share in an apartment to a relative, you need to prepare the following package of documents:

• Spouse's consent. If there is a spouse's consent that is not notarized, then it is invalid. In this case, it cannot be used to complete the transaction. If the property is jointly owned, then the consent of the spouse is required. Consent is a mandatory requirement.
• Cadastral passport. It is necessary to make a copy of your passport. The passport must be certified by the authority that issued it.
• Extract from the house register. You must also make a copy of this statement. It will be required to complete the transaction.
• Various title documentation (original purchase and sale or special certificate). That is, they must certify the citizen’s ownership rights.
• Receipt for payment of various fees.
• Special application form.
• Donation agreement (two copies will be required). You also need to make a copy. The second copy will be stored in a special archive.

Procedure

The procedure for donating a share in a privatized apartment to a relative is quite simple. However, the greatest attention should be paid to the preparation of the deed of gift. It should be remembered that it should not indicate any conditions, even the most insignificant ones. For example, the donor cannot stipulate in the contract his lifelong right to reside in the alienated apartment. If this is indicated, the deed of gift will be declared invalid and the transaction itself void. But if you have already received a certificate of ownership, and the former owner of the share in the apartment does not want to vacate it, then you can go to court. You will learn how to do this correctly from this article.

To register documents, you can contact either the Rosreestr branch directly or the State Budgetary Institution “My Documents”. Here everyone decides for themselves what is more convenient to do.

Deadlines

You can conclude a deed of gift at any time. The parties to the contract determine the time to contact the notary independently.

How long does it take to register ownership? The beneficiary can submit papers at any time.

However, delaying the procedure is fraught with certain consequences. In the event of the death of the donor, the beneficiary will have to prove his rights to the property in court. Otherwise it will become part of the inheritance.

How to draw up a contract yourself?

To conduct a transaction yourself, you need to go online. After this, you need to draw up a gift agreement. But it is better to use the services of a good lawyer.

How can a husband give his wife an apartment purchased during marriage?

Let's live.com≫Apartment≫Donation≫ Article updated: August 27, 2020

There are other cases when a husband has a personal living space, which after marriage he partially or completely decides to give to his wife. In this case, he asks the question: how to properly formalize the transaction in order to comply with all the rules of the law?

Author of the article Svetlana MitrofanovaLawyer. Work experience - 14 years Hello. Background: In 2011, spouses Dmitry and Oksana bought an apartment. The property was registered only in Dmitry’s name, “according to the papers” he is the only owner. In May 2020, Dmitry decided to donate the entire apartment to Oksana. We went online. The websites said that in their case, you can simply download a regular gift agreement, enter your data into it and submit it to the MFC branches to formalize the transaction.

They did all this, but the MFC employee did not accept the agreement and told me to go to the notary.

After this, the couple came to me for consultation. Based on this story, I will tell you how to arrange everything correctly.

What is needed is not a gift agreement, but a marriage contract or an agreement on the division of common property. If the husband wants to give

Donation agreement for a privatized apartment to a relative

As mentioned above, the gift agreement is the most important part of such a transaction. Let's look at how to compose it correctly and what should be indicated there.

Form, content

The agreement is usually drawn up on white unlined sheets of A4 paper. It is best to type the text using a computer, but if this is not possible, then filling out the document by hand is also allowed. There is no unified form of agreement, but the following information must be indicated:

• place of preparation and date of preparation of the document;
• name of the agreement;
• full data of the donor and recipient;
• an indication of the degree of relationship between the parties to the transaction;
• securing the donor’s voluntary will to transfer a share in the apartment and the recipient’s consent to accept it;
• description of the property (part of the housing): address, square footage, etc.;
• the basis for the emergence of ownership rights of the person taking away the property;
• determining who will bear the costs of completing the transaction;
• signatures of the parties, the date of their affixing.

The gift agreement does not require mandatory registration with a notary, that is, after drawing it up, you can immediately contact the registration authority.

Sample

Since deeds of gift are usually of the same type, you can use the link below, make changes to it and print it.

Invalidation of a document

Before drawing up a deed of gift for an apartment, many are interested in whether, after signing the document, it is possible to prove its invalidity, especially if the recipients are children or two people with equal shares.

We will indicate cases when a deed of gift may be invalid:

1. The contract itself was drawn up incorrectly.
2. Between the signing and registration of the contract, the death of the donor occurred.
3. At the time of registration and preparation of documents, the donor was declared incompetent.
4. Lack of written consent of one of the spouses.
5. There is no right to donate property. For example, when an apartment was given to a minor, parents or guardians do not have the right to transfer it on his behalf.
6. If the transaction is recognized as illegal (for example, the agreement was drawn up to avoid confiscation).
7. Treating property in an unworthy manner (only the donor can revoke it).
8. Death of the donee himself.
9. If the donor formalizes the transaction at the expense of his company, and then is declared bankrupt.

State duty, expenses, taxes

Here a lot depends on who, to whom and in what amount transfers. Let's consider the main types of expenses and their size:

Example of calculating the amount of expenses : One of the family members decided to transfer a share in a privatized apartment to a relative. Its share is 50% of the entire apartment. The procedure will be completed through a notary, the cost of which will be 5,000 rubles. The state fee for registering property rights in this case is 2000 * 0.5 (50% of the entire apartment) = 1000 rubles. For the transaction, an extract from the Unified State Register and the house register is required. This is another 300+200=500 rubles. Thus, the procedure will cost 5000+1000+500=6500 rubles. If the donee were not a relative, he would have to pay another 13% of the cadastral value of the received share as tax (or 30% if he is not a resident of the Russian Federation). Let's assume that the cadastral value is 1,000,000 rubles. The share is 50%, its total price is 500,000 rubles. 13% from here is 65,000 rubles. 30% from here is 150,000 rubles.

Why can they refuse registration, what should I do?

Sometimes registration may be refused. There are some reasons for this:

1. The contract was drawn up incorrectly or during inspection, inconsistencies were found in it.
2. Information about the apartment does not match the real data:
   the area is incorrectly indicated, the cadastral number does not correspond, the layout is not reflected in the technical passport;
3. The donor does not have documents confirming ownership.

If you refuse, you should understand all the errors. After eliminating them, you need to re-execute the contract and try to register it. To avoid mistakes, it is better to contact a notary immediately.

Documentation

Registration of a deed of gift is possible if the following documents are available:

1. Passports of the parties to the transaction.
2. Papers for the alienated part of the apartment.
3. Extract from the house register. The document is taken at the location of the property.
4. Consent of the other co-owners of the apartment (if necessary).
5. Proof of relationship.
6. Confirmation of payment of state duty.

If the agreement is concluded between spouses, then the beneficiary is exempt from paying personal income tax. This rule only applies if you have a marriage certificate. If housing is alienated to a former spouse, then he is not entitled to a tax benefit.

Registration of ownership

The final part of the procedure is entering information into the Unified State Register. Until that moment, the recipient is not the owner of the property. Registration of rights takes place at the Cadastral Chamber. Registration activities are carried out within 5–12 days. Entering data into the Unified State Register occurs at the request of an individual. Additionally, the following documents will be required:

1. Donation agreement.
2. Real estate documents.
3. Copies of passports of the parties to the transaction.
4. Consent of the co-owners of the apartment (if necessary).
5. Document confirming payment of state duty.

You can also submit papers through the MFC. Such centers have been established to simplify the procedure for registering property rights as much as possible. Additionally, the beneficiary can use the State Services service. The only requirement is that you must register on the state portal.

Based on the results of the registration procedure, the beneficiary is issued an extract from the Unified State Register of Real Estate. It confirms the ownership of the property accepted as a gift.

Is it possible to challenge a gift agreement?

Termination of contractual relations occurs in two ways - voluntary and forced. The first option involves pre-trial settlement of the issue. The gift agreement may contain clauses on unilateral termination of the transaction. For example, due to a significant deterioration in the financial condition of the donor. Another reason is neglect of property.

The second option involves litigation. Participants in the transaction or third parties can file a claim. For example, if the gift agreement affects their rights. A deed of gift can be challenged on various grounds.

This includes psychological or physical pressure, deception, sham or pretense of the transaction, and the insanity of the donor at the time of signing the contract. If the plaintiff can confirm his claims, the court will invalidate the gift agreement.

The surrendered property will return to the donor or his heirs.

The period for filing a claim is 1 year . The countdown of time begins not from the moment the transaction is concluded, but from the day when the plaintiff became aware of the violation of his civil rights.

If the plaintiff is not a party to the transaction, then he can file a claim within a year from the moment he became aware of the identity of the defendant.

In some cases, the limitation period is extended to three years .

Rights and obligations of the parties

A deed of gift can only be drawn up voluntarily, that is, the transaction must have the consent of not only the donor, but also the donee. If a close relative does not want to accept a share in the apartment as a gift, then he can refuse the transaction and not explain the reasons for his refusal.

This category of transactions is free of charge. The donor receives nothing in return from the recipient. For this reason, the donee is not obliged to perform any reciprocal actions in favor of the donor. If the parties agree on any mutual settlements, then they cannot be included in the terms of the deed of gift, since in this case it will lose its legal force.

It is extremely difficult to cancel a deed of gift. The donor is deprived of the donated share in the apartment, all ownership rights are transferred to the donee. No conditions can be included in the deed of gift. The donor cannot indicate that the deed of gift will come into force upon the occurrence of any circumstance. Thus, a deed of gift, where the gift is transferred subject to further residence in the donor’s apartment, will be declared invalid.

However, according to the law, a deed of gift can be drawn up as a promise to transfer a share in an apartment after the occurrence of certain events. For example, such events could be the recipient’s marriage or his coming of age. Agreements of this type should be drawn up extremely carefully, because in the event of a sudden death of the donee before the deed of gift comes into force, the right to a share in the apartment will pass to his heirs.

Just like a regular deed of gift, a promise of gift agreement can only be in written form and is subject to mandatory registration in the Unified State Register. You cannot replace a will with this document, specifying the death of the donor as a condition for entry into force, since the document will be declared void.

Contract form

The basic requirements for the form of a gift agreement are presented in Article 574 of the Civil Code. It depends on the type of contract, its parties, as well as the subject of the gift. The real gift agreement, which is made through the transfer of property to the donee, is concluded orally. The exceptions are contracts in which:

• the subject of the donation is real estate that requires state registration of property rights;
• The donor of movable property worth more than three thousand rubles is a legal entity.

Separate requirements for the form of a gift agreement are contained in Articles 389 and 391 of the Civil Code, when the subject of the gift is a property right in relation to a third party (assignment of a claim) or release from a property obligation to a third party (transfer of debt).

Assignment of a claim or transfer of debt, which are based on transactions completed either in simple written form or subject to state registration, are made accordingly, either in simple written form, or registered in the manner established for such transactions.

Apartment status

Real estate (subject of donation) must first be privatized. Otherwise, the donor simply does not have any right to give anything. Upon privatization, the donor may not be the full owner, but only the owner of a share of the housing.

Despite the fact that the privatization rush has long subsided, there are still a lot of apartments in the housing stock that do not belong to those who live in them. This point is important. Usually, as a result of privatization, there is not one apartment owner, but several. Many more apartments are listed as municipal or state property, and the people living in them have the right to take possession of housing for free once in their lifetime. Privatization does not mean that a citizen can simply acquire ownership of an apartment. We are talking about the housing stock that was once distributed, and the residents simply transfer their living quarters from municipal or state property to personal ownership. That's why it can only be done once.

When drawing up a gift agreement, essential information will be required: specific characteristics of the housing.

1. Address.
2. Floor.
3. Square.
4. Cadastral number.
5. Number of rooms.
6. Gas, electricity, heat supply and so on.

All this data will be required when preparing a package of documents; in addition, they are used when preparing the text of the gift agreement.

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A deed of gift for an apartment to a wife from her husband - how to draw up a deed of gift between spouses

» With the transition of the Russian economy to a market economy, real estate transactions have become increasingly important. Understanding the variety of legal provisions relating to the institution of property is not easy, especially when it comes to transactions between husband and wife. Contents To answer this question, you need to understand what property regimes can operate between spouses.

According to the Family Code of the Russian Federation, this may be a property regime:

• Joint.
• Share.
• Separate.

If spouses have a common apartment, giving it to the wife by the husband and vice versa is unacceptable, but with shared and separate ownership this is quite possible.

Let us consider the possibility and impossibility of donation depending on each type of property separately. If property is acquired during an officially registered marriage, according to the articles, it becomes common.

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.