How to draw up an agreement for donating a share in an apartment to a relative: sample, application template, documents

How to draw up a donation agreement for a share of an apartment?

An agreement to transfer part of the living space free of charge can be drawn up without the participation of third parties. For this, neither a notary nor any other specialist is required.

The law established the deed of gift form as a simple written one.

However, to ensure that unforeseen errors do not occur at the time of filling out, which will then lead to the invalidity of the transaction, a number of rules are taken into account:

It is impossible to include in the deed of gift an order about the entry into force or transfer of the right to property only after the death of the donor. This is contrary to the essence of the transaction and applies to a will;
you can draw up a gift agreement indicating the lifelong right of the donor to reside in the donated property;
The obligatory or essential condition of the agreement is the subject matter. It is impossible not to indicate a specific share or not fully provide characteristics. In this case, the document is considered invalid.

In addition, it is necessary to clearly formulate and indicate all the details of the parties, the date of the actual transfer of the gift. The registration ends with the signing of the agreement.

However, after the completion of the registration of the deed of gift itself, ownership rights are secured.

Step-by-step instructions for registering a right:

With a package of papers and a signed agreement, appear at any registration authority that accepts the apartment at the location. Payment of the state registration fee is required. The receipt is attached to the general set of papers.
Drawing up an application for registration of rights.
Receiving a receipt of acceptance from the employee who accepted the paper.
Clarification of the date of application for the finished certificate.
Show up at the appointed time to receive your results.

Only after this the recipient of the gift will become the full owner of the donated property.

Thus, the correct execution of an agreement on the transfer of part of the real estate as a gift is the key to a successful transaction. However, the entire process of assigning rights to the new owner is not limited to this. It is necessary to register in a timely and correct manner and obtain a supporting document. Only he can prove that part of the living space has become the property of the donee.

Notarization of the contract

Sometimes it is necessary to involve a notary in the process of drawing up a deed of gift. This is necessary for several reasons:

the parties are not confident that they will be able to correctly draw up the document themselves;
participants fear that it will be challenged by third parties.

When contacting a notary, you must submit the documents required to fill out the data in the agreement and pay the registration costs.

The notary independently prepares the text of the document, taking into account the specifics of the situation and the requirements of the parties to the transaction. After signing it, the notary sends the deed of gift and related documents to register the right.

Obviously, the process of registering a gift of an apartment through a notary is less time-consuming, but more financially expensive. That is why it is advisable to decide in advance on the choice of registration method.

Sample of filling out a donation agreement for a share of an apartment in 2020

applications for state registration from both parties;
receipts confirming payment (original or copy) of the state duty for the new part of the property;
identification documents of the donor and the recipient;
the agreement itself, as well as the act of acceptance and subsequent transfer of a share of the residential premises;
cadastral passport for the property;
certificate of ownership of the property being donated;
a certificate received from the technical inventory authorities (BTI) indicating the value of the transferred residential property;
certificate of persons registered in the residential space being donated.

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State duty for donation

There are no fees for making a donation. However, drawing up an agreement is not always free.

List of expenses that make up the total cost:

state fee for certification. It is paid if the contract is decided to be certified by a notary. The size varies depending on the value of the property share and the presence of family ties between the parties to the transaction;
state fee for registration of rights. This expense item is mandatory. This is how part of the property is transferred free of charge; registration of the right is indispensable. That is why the state duty will be paid for any option for drawing up the contract;
payment for notary work. A specialist of this order has the right to charge an additional fee for assistance in drawing up, certifying the contract and providing relevant advice;
income tax. It is charged generally at a rate of 13%. The calculation is based on the cost of the share. The obligation to pay lies with the donee, who is not a close relative of the donor.

Thus, a state fee may be charged for certification of an agreement to transfer a share of real estate free of charge or for registering a right. The total cost varies and may be higher or lower depending on the circumstances.

Previous steps

Any legally significant action is carried out, as a rule, in several stages, the results of which will record a change in the legal status of a property. The application must also be completed in several stages:

Preparation of documents that will need to be attached to the application (this package must include originals and copies of documents identifying the donor and donee, papers confirming ownership rights and the possibility of disposing of the property that will be donated, the contract itself).
Filling out the text itself (it is necessary to fill in all of the above points, since the absence of one of them will entail a refusal to register the transaction).
Registration of the document with the authorities of Rosreestr (registration occurs simultaneously with the registration of the gift agreement).
Registration of new title papers based on the results of the transaction.

Find out about the specifics of donating a share of living space to a minor child, in particular how to draw up an agreement on donating a part of living space to children.

Preliminary agreement

A preliminary agreement on the donation of a share of real estate is concluded by the parties. It is drawn up in order to protect the parties from the impact of various factors in the future, and is a guarantee of the preparation of the main document. According to the rules, the text indicates the date by which the main agreement for the transfer of property or part as a gift must be signed.

The provisions of Article 429 of the Civil Code of the Russian Federation, in force for 2020, apply to the preparation of a preliminary agreement.

The 2020 sample of such a document is used as source material and is filled out in accordance with the document data. If the provisions of the preliminary agreement and the conclusion of the main agreement are evaded, the injured party has the right to demand this in court.

Concept

Any legally significant action begins with the preparation of a statement, which indicates the essence and algorithm for carrying out the actions.

This document is submitted to a notary, Rosreestr or other government bodies, where changes in the legal status of the object of legal relations will be registered.

An application for the transfer as a gift of a share in any real estate, including an apartment, is not an exception.

This document, among other things, is included in the list of mandatory documents for submission to the Rosreestr authorities for the purpose of subsequent re-registration of property rights.

Such a statement indicates that the donor wishes to transfer this or that piece of real estate or its part (share) into the ownership of the donee and requests registration of such a transaction .

Application for donation of a share in an apartment: sample agreement.

You can learn about the specifics of donating part of a living space between spouses, in particular how to draw up an agreement on donating part of an apartment to a husband or wife, on our website.

Agreement for donating a share of an apartment to minor children

A share in an apartment can be given to many people, including children. The law does not give a minor the right to sign important documents with his own hand, including a gift agreement. This is due to the fact that he does not have full legal capacity due to his age.

The legal representative has the right to sign when giving a gift to a minor.

However, the owner of the donated share will still be the donee. This document has distinctive features:

the party receiving the gift, when making a gift to a minor, will not be called “the donee”, but “the donee represented by a representative”;
In addition to the data of the recipient himself, the data of the representative is entered into the text.

Otherwise, donating a share of an apartment to minor children does not differ from the standard one.

Donation agreement for a share of a residential building

Moscow city ______________

Citizen of the Russian Federation ______________________, passport of the Russian Federation: series ____ No. _______, issued on _________, Department of Internal Affairs “_________”, city _______, department code _______; residence address: ______________________ hereinafter referred to as the “Donor”, on the one hand, and Citizen of the Russian Federation __________________, passport of the Russian Federation: series _____ No. _______, issued by the ________ city Department of the Federal Migration Service of Russia for the city. ______ for District _________, subdivision code ________; residence address: ___________________ hereinafter referred to as the “Donee”, on the other hand, collectively referred to as the “Parties”, have entered into this Agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. In accordance with this Agreement, the Donor transfers free of charge to the Donee a share in the amount of ____ residential building, owned by the right of common shared ownership with a total area of ____ sq. m. m, including living area ____ sq. m, located at the address: ________________________________ (hereinafter referred to as the Share). 1.2. The specified Share belongs to the Donor on the right of common shared ownership, which is confirmed by the Certificate of state registration of rights dated ____________, series ______ N __________, issued by the Moscow Regional Registration Chamber conditional number __________, as indicated in the Unified State Register of Rights to Real Estate and Transactions with him _________g. A corresponding entry was made for N ____________. 1.3. The donee accepts the specified Share as a gift from the Donor.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Donor has the right to refuse to fulfill this Agreement if, after the conclusion of the Agreement, the property or marital status or state of health of the Donor has changed so much that the execution of the Agreement under the new conditions will lead to a significant decrease in his standard of living. 2.2. The Donor has the right to cancel the donation if the Donee has made an attempt on his life, the life of one of his family members or close relatives, or has intentionally caused bodily harm to the Donor. 2.3. In case of cancellation of the donation, the Donee has no right to demand compensation for losses. The Donor has the right to cancel the donation if the Donee has made an attempt on his life, the life of one of his family members or close relatives, or has intentionally caused bodily harm to the Donor. In case of intentional deprivation of life of the Donor by the Donee, the right to demand in court the cancellation of the donation belongs to the heirs of the Donor. 2.4. The Donor has the right to cancel the donation if he survives the Donee.

3. PRIVACY

3.1. The terms of this Agreement and additional agreements to it are confidential and are not subject to disclosure.

4. DISPUTE RESOLUTION

4.1. All disputes and disagreements that may arise between the Parties on issues that are not resolved in the text of this Agreement will be resolved through negotiations on the basis of current legislation. 4.2. If controversial issues are not resolved during negotiations, disputes are resolved in court in the manner prescribed by current legislation.

5. STATE REGISTRATION

5.1. This Agreement comes into force from the moment of state registration in the Unified State Register of Rights to Real Estate and Transactions with It. 5.2. Expenses associated with state registration of the Agreement are paid at the expense of __________________________ (Done). 5.3. The donee acquires ownership of the specified Share after state registration of the transfer of ownership in the Unified State Register of Rights to Real Estate and Transactions with It. From the moment of state registration of the Donee's ownership of the Share in the Unified State Register of Rights to Real Estate and Transactions with It, the latter is considered transferred from the Donor to the Done.

6. SPECIAL CONDITIONS

6.1. The Donor guarantees that before signing this Agreement, the Share has not been sold to anyone, has not been gifted, has not been pledged, is not encumbered with the rights of third parties, including those who, in accordance with the law or the Agreement, have the right to use this Share, is not in dispute and is not under arrest (ban). . 6.2. The Parties to the Agreement confirm that they are not deprived of legal capacity, are not under guardianship or guardianship, do not suffer from diseases that prevent them from understanding the essence of the Agreement, and there are no circumstances forcing them to enter into this Agreement.

7. FINAL PROVISIONS

7.1. In everything that is not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation. 7.2. Any changes and additions to this Agreement are valid provided that they are made in writing, signed by the Parties and registered in the prescribed manner. 7.3. This Agreement may be terminated in accordance with the procedure established by law before registration of the transfer of ownership to the Donee. 7.4. The agreement is drawn up in three copies having equal legal force, one of which is kept by the Donor, the second by the Donee, and the third by the body carrying out state registration of rights to real estate.

ADDRESSES AND SIGNATURES OF THE PARTIES:

Donor: Citizen of the Russian Federation __________________, passport of the Russian Federation: series ____ No. _______, issued on _________, Department of Internal Affairs “________”, ______, department code ______; residence address: _______________________;

The recipient: Citizen of the Russian Federation ______________________, passport of the Russian Federation: series ____ No. _________, issued by _________ City Department of the Federal Migration Service of Russia. Moscow in the District _________, subdivision code ________; residence address: ____________________________

Donor _______________ Recipient ___________________

How to terminate a gift agreement?

According to the Civil Code of the Russian Federation, it is impossible to terminate a deed of gift. However, the donee has the right to refuse to accept part of the apartment at any time, just as the donor has the right to refuse to transfer the gift. However, such an action is more difficult to perform and there must be a reason for it.

Refusal by the donor is allowed on the basis of Article 577 of the Civil Code of the Russian Federation 2017.

In addition, the donated share of the living space is disputed and declared invalid. Interested third parties are involved in this process.

Thus, the agreement on the transfer of property as a gift is terminated solely under the circumstances specified in the Civil Code of the Russian Federation 2017. The preparation of this document must be correct and not contrary to the law. The sample serves as a good basis for the final design. State duty is charged only in certain cases, and drawing up a deed of gift can be practically free.

Additional list of documents

The conclusion of an unconditional act of donation is possible not only between individuals: relatives or unrelated people. This rule also applies to legal entities.

Social workers, civil servants, employees of health and educational institutions, as well as officials cannot make transactions involving the registration of a deed of gift for an apartment.

The exception is minor children and incompetent citizens , for whom consent from trustees or guardians is required.

If for some objective reason the donor is not able to deal with paperwork, he can issue a power of attorney to a third party , which must be certified by a notary.

If an apartment, which is the common property of the spouses, is transferred to the recipient, in this case, a notarized consent of the other half is required.

Before going to the recording authority (Registration (Cadastral) Chamber, or Multifunctional Center), you need to collect all the necessary documentation . Namely:

Receipt for payment of the State duty.
Identity cards (this could be passports). In situations with exceptions, data on a trustee, guardian or other trusted person becomes required.
Marriage certificates (if necessary).
An application for donating an apartment, written on behalf of the recipient and the donor.
Completed donation agreement.
A document confirming that the donor has the right to this property (sale and purchase agreement, privatization act or inheritance certificate).
Confirmation of the absence of debts (in the case of encumbrances - their complete liquidation (removal) or written consent of a third party).
A certificate from the BTI for donating an apartment about the number of persons living in the given territory.
Cadastral passport for the apartment and assessment certificate.

Download an extract from the BTI passport: form 1A, form 1B.

The legislative framework

The question often arises: to inherit property to your relatives or to issue a deed of gift for them? Most lawyers, advocates and notaries argue that a deed of gift is better. It is about the deed of gift that I wrote this article.

Let's figure it out, what does this word “Gift” mean? A deed of gift (hereinafter referred to as the Agreement) is a legal notarized document regulating the donation of property, valuables, rights, etc.

A deed of gift can be drawn up when the Donor, without the right of return, transfers the property that belongs to him into the ownership of the Donee. This agreement cannot be terminated by anyone. The agreement is drawn up regarding any property: movable or immovable.

An agreement may be concluded between the following persons:

Family members (husband, wife, their children).
Relatives (grandfather, grandmother, grandchildren, brothers, sisters).
Distant relatives (aunts, uncles, nephews).
People who are not related to each other.

In cases one and two, the tax is not deducted. But in cases three and four, the legal entity must pay a tax of 13 percent of the funds spent on the purchase of property.

You can learn how to correctly draw up an agreement for donating a share of an apartment to minor children from the following article:

How to correctly draw up a gift agreement for two recipients in equal shares

The gift agreement is drawn up in accordance with the rules of law, which are enshrined in Art. 574 Civil Code of the Russian Federation. In general, the agreement for donating a part of a share does not differ significantly from a regular deed of gift for property. For example, in the article “Gift agreement between close relatives”, we have already discussed this issue.

In a deed of gift issued for two people, the following must be indicated:

date and place of compilation;
data of each of the donees;
information about the donor;
information about the property (location, size, design features, etc.);
the basis on which the alienor’s right of ownership to the object of donation arose;
the size of the shares that are transferred free of charge (otherwise it will be considered that the shares are equal and the property is common);
an indication that the donor is willing to give away the property voluntarily and free of charge;
the consent of each person accepting the gift to this;
signature of each party to the transaction;
certifying the legality of the transaction with a personal signature and stamp of a notary.

In accordance with the requirements of Federal Law No. 122 “On registration of rights to real estate and transactions with them”, starting from 2020, all legally significant actions with apartment shares must be certified by a notary.

Decor

In order for an agreement to donate an apartment to two recipients to be recognized as valid, it must be drawn up in accordance with the rules. A document that meets the established requirements allows you to transfer real estate free of charge. If a person has difficulty composing a paper, he can use a ready-made sample.

If there are 2 persons acting as the recipient, the subject of the agreement will be 2 shares or 2 parts of the transferred property. The approval is only relevant if the property being donated is wholly owned by the donor.

Before concluding an agreement, it is necessary to determine the amount of property that will be transferred to each person and if such information is not in the document, the recipients will receive equal shares

When drawing up a document, you must remember that it must contain information about each person who will receive the property. During the registration process, you must also remember the number of copies of the document.

Be sure to read it! Agreement for the purchase and sale of an apartment with several owners 2020

Each participant in the process must receive their own copy of the paper. In addition, an additional copy of the document will need to be prepared for the registration authority.

Required documents

To register a deed of gift for ½ share of an apartment, you must collect the following papers:

passports of all participants in the transaction;
technical documentation for the alienated property;
extract from the real estate register about the owner;
apartment card;
agreement – the basis for the emergence of property rights of the donor (agreement of exchange, privatization, purchase and sale, etc.).

Sample content

To find out in what form the contract should be drawn up, you need to refer to Article 574 of the Civil Code of the Russian Federation. The regulatory legal act contains all the requirements that apply to the contract.

So, according to the established rules, the form of the document depends on:

type of contract;
parties who will take part in the transaction;
subject of donation.

If a person wants to donate real estate to several persons at once, the agreement must be drawn up strictly in writing. All other methods of concluding a transaction are considered void.

There is no special form for drawing up an agreement. Persons who decide to draw up a document will have to develop it themselves. It should be remembered that only the paper that was drawn up taking into account the existing rules will be considered valid.

To minimize the likelihood of error, the parties can use a sample completed contract as an example. In addition, in 2020, there are special companies that are ready to complete the document execution for the client for a fee. A notary can perform a similar manipulation.

Equal shares

By making gifts to several persons at once, a person independently determines their shares in the transferred real estate. If he does not indicate this parameter in the contract, the parties will receive equal shares.

A similar condition can be included in the contract itself. Typically, the donor distributes property in equal proportions if the recipients are close people. The law does not prohibit specifying such conditions in any gift agreement.

If a small citizen who has not yet turned 14 years old , the transaction can only be carried out with the participation of his legal representative. If a person is between the ages of 14 and 18 , he may be able to sign some papers on his own. However, in transactions involving manipulation of real estate, the participation of a legal representative of a minor will still be required.

The procedure for gratuitously transferring shares in an apartment to several persons at once differs from the usual donation transaction. So, according to the established rules, you will need to draw up not just one agreement, but several if you plan to donate more than 1 part at a time. At the same time, the document must contain a thorough description of the size of each share and information about the participant in the manipulation, to whom part of the real estate will belong in the future.