Samples of the Agreement of Donation of an Apartment to a Relative

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27603

2020-03-13

This article will help determine what needs to be taken into account when drawing up an apartment donation agreement, which persons pay the tax fee, and which are exempt from payment. You will also find out what package of documents you need to have in order to take ownership of real estate and which government agencies you need to contact.

Donation of an apartment

- This is a complex process that needs to be legally formalized. Among all types of valuables (family jewels, silver cutlery, money), real estate is the only one that requires registration in accordance with the rules established by law.

It is important to remember that by donating square meters, the owner is giving away the living space free of charge. The apartment donation agreement does not provide for the transfer of funds for the property received. If the agreement states that the owner of the apartment receives money for the property, the transaction may be canceled and declared illegal. If the owner wants to receive compensation, it is recommended to draw up a purchase and sale agreement.

Donating an apartment, what do you need to know when registering?

If, after his death, the donor wants the apartment to be transferred to another person, it is not recommended to indicate this data in the agreement. To do this, it is better to draw up a will.

Procedure for donating an apartment

Donating an apartment in 2020 begins with drawing up an agreement and collecting a package of documentation.

You can complete the transaction either independently or with the help of a notary (application to a notary increases risk reduction).

The agreement is signed by both parties, which indicates that the residential property passes into the ownership of another owner. Drawing up a contract is an important point; the document contains many legal nuances and aspects that must be displayed.

Afterwards, a package of documentation is collected and sent to Rosreestr, where they will make a note that the property has a new owner.

Sample apartment donation agreement

will help determine what main nuances should be displayed in the document.

Important! The main document for conducting a donation transaction is an Extract from the Unified State Register of Real Estate , which you can order on our website.

Types of deeds of gift for an apartment

An agreement to donate an apartment to a relative can be of several types, depending on whether the entire property or a share is transferred and the number of owners. Another type of deed of gift for an apartment is a gift with an encumbrance.

Apartment donation agreement simple written form sample

Advice from lawyers:

1. Can I get a sample agreement for donating an apartment in a simple written form, between close relatives. And what are my next steps? Thank you.

1.1. Hello! If you just need a sample contract, you can get it on the Internet. Next, you need to draw up your agreement with the data of the donor and the donee and submit it for registration, having previously paid the state fee.

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2. We need a sample of a simple written form of an agreement for the donation of a share of an apartment to a close relative, sample 2015-2016.

2.1. There are a huge number of such samples on the Internet, for example: Read more >>>

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3. I need a sample agreement for donating an apartment in favor of my daughter. We want to put it in simple written form. Where can I download?

3.1. You can download from sites on the Internet by typing the appropriate request in the search bar of your browser.

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4. I want to give my sister a 1/2 share in a two-room apartment, but I don’t know how to draw up a gift agreement in simple written form with new changes from February 2014. Please send a sample.

4.1. I want to give my sister 1/2 share in a two-room apartment, but I don’t know how to draw up a gift agreement in simple written form. Hope, the minimum cost is 1500 rubles and I will send it right away.

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5. Can a deed of donation of 1/2 share of an apartment in simple written form (without a notary) be printed in any form or according to a sample? What rules exist (font, line spacing)? Does the gift agreement come into force immediately after its signing or after the death of the Donor? Should no one be registered in the alienated apartment?

5.1. There are no font or spacing requirements. A simple written form is sufficient. Registration at the place of residence does not affect the possibility of donation. Ownership rights are transferred after state registration of the agreement in Rosreestr.

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5.2. The gift agreement must reflect all the essential conditions for this transaction, it does not have to be notarized, there is also no strict form or sample - the gift agreement comes into force from the moment of signing. But ownership of a share of an apartment arises from the moment of state registration of the right - that is, you draw up an agreement yourself or with the help of lawyers - submit it to the registry office. the chamber where they check it - if everything is correct, they accept the contract that you sign in the presence of the state. registrar You leave the documents and within 10 working days your transaction is registered. The gift agreement comes into force after its signing. And not after death - this is not a will. Regarding registration - as a rule, no one should be registered - = this is required by the registry. ward - a certificate from the Federal Migration Service that no one is registered - but they have no right to refuse for the reason that someone is registered in the apartment.

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6. A simple written form of a gift agreement for a minor child? A father gives an apartment to his 2 children. Artem.

6.1. Contact specialists to draw up an agreement to avoid a refund from the registry office. You can order the preparation of the contract by a lawyer of your choice. The service is paid.

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7. Agreement on the donation of a share in an apartment between close relatives, a simple written form of the transaction (without a notary), sample 2013

7.1. Notarization is not required. Take any sample. It will also fit 2013.

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7.2. The form is the same as before. Not subject to notarization. There are a lot of different samples on the net. Just think, do you need this?... it’s better to seek help in drawing up an agreement from a lawyer.

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8. Write a sample agreement for donating an apartment in simple written form for close relatives (mother and daughter) living in the same apartment.

8.1. No problem! BUT! In the prescribed manner and according to the price list.

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9. We want to write our own share donation agreement in a simple form. Grandmother is the owner of the apartment. She wants to divide the apartment 1/3 between herself and her granddaughters. In 2010, I gave 1/3 shares of the apartment to one granddaughter. Now he wants to give 1/3 shares to another granddaughter. The sample donation share agreement states that the apartment is not encumbered. If we understand correctly, we must indicate in simple written form that the apartment is encumbered by third parties by whom and in what year. Thank you.

9.1. The gift agreement must be drawn up in accordance with the requirements of the law. All samples are very approximate and you should not rely on them... You absolutely do not understand what a gift agreement is... since you are talking about “encumbrances” in a gift agreement... Any encumbrance can make the gift agreement void... The documents must be drawn up by a specialist...

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9.2. Not under your conditions. This is no longer a gift agreement.

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10. Please write a sample agreement for donating a share of an apartment to a relative in simple written form.

10.1. Come to my office tomorrow afternoon with documents for the apartment. I will draw up an agreement and help with collecting documents and registration.

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11. Mom gives her daughter her share in the apartment. Share 1/4 of the apartment. Please write a sample of a simple written form of a gift agreement.

11.1. Hello Irina! A lawyer will write you a gift agreement correctly, contact anyone in your city. Sincerely!

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12. Please send a sample gift agreement in simple written form for a share of a room in a communal apartment from the mother of a minor daughter. If sending such an agreement is problematic, then tell me, should I indicate in the agreement that I am a guardian? If not, then who should sign for it in the contract. My daughter is three years old.

12.1. Svetlana, the question “how to draw up this or that legal document” is similar to the question “how to get a free piece of meat” for a meat seller.

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13. Can the Donee’s representative (by proxy) sign for him an Apartment Donation Agreement drawn up in simple written form? Or would it be better to contact a notary to notarize the Donee’s signature? Which of the two options is most acceptable for state registration of such a transaction? Where can I obtain the required notarized power of attorney in this case?

13.1. Hello, a representative of the donee can immediately sign a gift agreement with the UFRS authorities, that is, in justice, why would you pay extra money to a notary when this transaction can be immediately registered. An ordinary power of attorney is the only thing that it is advisable to indicate that it does not have the right to sell.

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14. Write a sample gift agreement in simple written form for 1/2 of an apartment for a minor son.

14.1. Alla, during online consultations, lawyers do not draft documents. This service is individual and paid.

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15. Please help me find a sample agreement on the division of shares of a privatized apartment in simple written form and an agreement on donating your share to a relative. Sincerely. Sergey P.

15.1. This is a paid service of 300 rubles.

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16. Write a sample agreement for donating an apartment in simple written form for the case when spouses each have 1/2 share of the apartment. The husband wants to issue a deed of gift to his wife for the entire apartment.

16.1. To draw up a gift agreement, details of the donor, donee, etc. are required. It is quite possible that you would plan to introduce some essential conditions into this agreement. Sincerely, lawyer Denis G. Gabdrakhmanov! www.denis777.9111.ru

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16.2. Valentin Sergeevich, hello! Write me a message (any message) so that I can see your email. address. I will send you a standard agreement for the donation of a share in the ownership of an apartment, which I always use; it goes through the Federal Registration Service without problems. Sincerely, Kharchenko O.V.

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17. Please send a sample agreement for the donation of a share in an apartment in simple written form.

17.1. I can forward the donation agreement for a room in a communal apartment. The contract is “working”. You can redo it a little - instead of a room, indicate “share in the ownership of the apartment.” If you want, I will send it, but by email. mail. The document was drawn up and “combed” by me, and I have no desire to put it on public display.

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18. Please send a sample agreement for the donation of a share in an apartment in simple written form.

18.1. Unfortunately, all documents are prepared and submitted for a fee. Samples can be found on the Internet.

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19. What documents must be collected to register a gift deed in simple written form with the Registration Chamber? And is it necessary to evict the person who donates the apartment? I found some sample agreement on the Internet and it directly states that the donor is obliged to de-register this apartment within a month (is this the norm for a month or can this clause be deleted or written that the donor has the right to live in this apartment for life? Thank you .

19.1. Dear Andrey! The right to live in the donated apartment may remain with the donor for life, if this is provided for in the contract. The legislation does not provide for any restrictions on this issue. Sincerely, Dmitry Konstantinovich.

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20. I want to give my son an apartment in which he is registered; I myself am registered in another place. The apartment was inherited 3.5 years ago. Please tell me how and where I can draw up a gift (or purchase and sale) agreement in simple written form, which is cheaper? Is it possible to draw up an agreement ourselves, and if so, where can I find a sample based on which to draw it up? Is an assessment of the market value of an apartment necessary? Thank you.

20.1. Dear Vladimir! In your situation, the easiest way this year (until the law changes) is to give an apartment to your son under a gift agreement in simple written form without a notarization, so that your son or for him does not have to pay gift tax on the amount of the cost of the apartment according to the BTI minus not taxable amount, which is only 8,000 rubles, since together with your son in the specified apartment you are not registered at the place of residence (RF Law No. 2020-1 “On tax on property transferred by inheritance or gift”). An inventory assessment is sufficient for the contract. I believe that in the absence of special knowledge, you will not be able to draw up an agreement yourself so that the registration authority will register it, so it is better to contact a lawyer, which is cheaper than the state fee charged by a notary.

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Drawing up a contract yourself

The seller can draw up an agreement on his own; the law does not prohibit such a procedure. The only caveat is that all points must be drawn up correctly.

A sample agreement for donating an apartment between close people will help you understand what points should be included in the agreement.

It is important to remember that independently drawing up a contract with errors can lead to the cancellation of the transaction and its recognition as illegal.

Before drawing up a contract, you must order an extract from the Unified State Register of in order to correctly enter data about the property.

The sample donation of an apartment contains the following main points:

1. What is the subject of donation? The agreement must indicate square meters, address, how many rooms, if a multi-storey building, then on what floor the apartment is located, telephone number.
2. Who is the party to the transaction? It is necessary to register the details of each party, for example, passport details, full names, where the persons reside at the time of drawing up the agreement.
3. When and on what date the transfer took place.

The agreement is confirmed by the signatures of both parties. This is only the first stage of the transaction; then the new owner must assume legal rights.

Actions after drawing up the clauses of the agreement:

1. Write an appeal to the MFC or the Registration Chamber.
2. Pay the state duty
3. Receive a certificate indicating that the application has been accepted.
4. Come for help.

What does a sample agreement for the donation of a share of an apartment between close relatives look like in 2020?

• identification documents of each participant in the transaction;
• applications for transfer of rights;
• applications for registration of owner's rights;
• the contract itself;
• a power of attorney that was certified by a notary office;
• a certificate that confirms the donor’s ownership rights to part of the premises;

1. Date and place of document preparation.
2. Full name, place and time of birth, information from the identity card, address of the donee and donor.
3. The name of the object that will be donated. They write down the area, address of the house, number of rooms.
4. Description of the premises.
5. Situations when cancellation of the agreement is possible.
6. Indicators of the inventory value of an apartment share.
7. Information about citizens who are registered in the premises.
8. The time of transfer of ownership of the share and the procedure to be followed by the parties.
9. Information about citizens who are registered in the premises (family ties are also described).
10. Obligations and liability in case of violation of conditions.
11. Rules that will be followed if changes need to be made.
12. Who bears the costs of document preparation?
13. Links to legislative acts.
14. Date when the agreement was drawn up, signatures of each party.

Conditions and rules for donating an apartment

Donating an apartment between loved ones is a responsible process where you need to think through every step. The owner of square meters must do this consciously, understand that after the transfer of the residential property the owner will change.

There should be no pressure from the receiving party; no money is paid when transferring property.

The basic rules include:

1. Only the owner can transfer a residential property.
2. This is a voluntary process.
3. A minor can accept an apartment, but not as a gift.

The same conditions are suitable for a donation agreement for a share in an apartment or the entire property.

Agreement for donating a share of an apartment to a close relative: deed of gift form and sample filling

• basic conditions - transfer of property free of charge.
  This means the automatic transfer of all associated rights. This should be remembered in order to avoid unpleasant surprises - for example, the person who received the apartment will have every right to sell it, no matter whether the former owner likes it or not. He has no right to limit the new owner’s rights; The difference will be in the legal consequences. If the lucky recipient is not related to the previous owner by any relationship or is related, but not close, he will have to pay a 13% tax , as already mentioned. And if he is also not a resident of the Russian Federation, we are already talking about thirty percent.

Differences in gifts to relatives and non-relatives

When preparing documents for the transfer of a residential property to another person, all owners must adhere to the same procedure regulated by law. When transferring an apartment to a relative as a gift, the seller is exempt from paying tax.

The tax is not paid if the square meters are transferred between the following relatives:

1. Parents transferring an apartment to their children.
2. Grandfathers and grandmothers passing on living space to their grandchildren.
3. Sisters and brothers who have a common parent.
4. The adoptive parent transfers real estate to the adopted person.
5. Spouses.

If brothers and sisters are cousins, or property is transferred to nephews, payment of tax is mandatory. This is the difference between gifts to relatives and non-relatives.

The tax amount is 13% of the total amount of real estate.

Pros and cons of a gift agreement

Advantages of a deed of gift

The deed of gift may not be certified by a notary. To sign such an agreement, you need to submit the following documents to the registered body:

• contract;
• technical certificate;
• documents certifying the donor's ownership rights;
• extract from the house register.

No other documents need to be shown. Moreover, the state tax for drawing up an agreement is 1,500 rubles. The registration period for the contract should not be more than two weeks. Documents are also collected over the course of two weeks. Therefore, a gift agreement can be concluded a month in advance.

A deed of gift allows you to bypass legal restrictions. For example, if the owner of a share in an apartment needs to sell this part, but other owners do not want this, which creates obstacles in conducting a purchase and sale transaction. The deed of gift is considered signed and comes into force not from the date of registration in Rosreestr, but from the moment the keys to the apartment are handed over.

Disadvantages of deed of gift

The first disadvantage can be considered the deed of gift and taxation. A deed of gift issued by non-close relatives is subject to taxation. The tax is 13% of the total price of the property. It must be paid by the person who receives the apartment as a gift. Therefore, the donee must bear all costs related to the payment of the duty.

A deed of gift is considered a gratuitous transaction. Therefore, it is very easy to recognize it as illegal, fake, after which the recipient may lose the gift. Of course, it cannot be said that any document of donation can be easily declared invalid. But if such a document is signed with elderly people or with persons who have no other housing, the deed of gift may be invalid.

Does the document have retroactive force?

An agreement on donating a share of an apartment to a close relative or donating all property has a retroactive effect. The agreement can be terminated out of court or in court.

Does the document have retroactive force? When drawing up a gift agreement, experts recommend simultaneously drawing up a termination agreement. The deed of gift is drawn up in writing and signed by both parties. If the document is certified by a notary, the cancellation of the deed of gift must also be certified by a notary.

If the owner decides to reject the gift agreement, the agreement must indicate:

1. When the contract was concluded and when it happened.
2. The main purpose of the document is to cancel the deed of gift.
3. When and on what date was the agreement signed?
4. Information about real estate transferred as a gift.
5. Number of copies.

It is important to indicate in the document what expenses the parties incurred and within what time frame they will be compensated.

The document has retroactive force even after registration. To do this, the former owner needs to submit an application to cancel the registration.

If the old owner understands that the reasons for termination are justified, but in fact it was not possible to terminate the contract, it is recommended to go to court. When submitting an application to the court, you must have substantial evidence of the reasons for termination of the agreement and attach it to the package of documents. For example, you can attach photographs or video materials or involve witnesses.

Flaws

Like any other agreement, a deed of gift has advantages and disadvantages. Often this type of agreement is presented as flawless and reliable. It is believed that if properly drafted and executed, it cannot be challenged, although this is not entirely true.

The shortcomings of the document cannot be ignored when drafting. They should be considered from the side of the donor and the recipient separately.

Disadvantages from the donor's point of view:

• impossibility of cancellation without sufficient grounds;
• the difficulty of challenging if necessary;
• the need to prepare a package of documents for registration;
• exclusion of an object from the estate and transfer of rights to it immediately after the conclusion of an agreement and registration in Rosreestr;
• in the standard case, all registration costs are borne by the donor;
• inability to receive a counter gift or other benefit from the transaction.

For the donee there are also certain disadvantages in the deed of gift:

• payment of income tax of 13%, if the donee is not a close relative of the donor;
• the possibility of canceling the donation or challenging the contract. Despite the complexity of the procedure for canceling a deed of gift, this option is possible.

Understanding the advantages and disadvantages is individual, since some parties to the contract may evaluate its features in their own way.

Taxation when donating an apartment

The first expense that one of the parties will incur is real estate tax.

Since square meters are transferred under a gift agreement, the gifted person does not pay any money for housing. The exception will be tax.

When calculating tax, you need to use a standard formula; the interest rate depends on the subject. If the new owner lives in Russia for more than 6 months, or is abroad for more than six months, such a person will be considered non-resident. Accordingly, the tax amount will be 30% of the total value of the property received.

In all other cases, the tax amount when donating an apartment will be 13% of the total cost of the apartment.