How to draw up a deed of gift for a share in an apartment: how to correctly write an agreement to donate part of the housing or 1/2, as well as the procedure for registration with a notary and at the MFC, what is needed for this and where it can be done

Detailed instructions for the correct execution of a deed of gift for a share in an apartment

after the encumbrance is lifted.
Question. How to register shares? Can I give half of my share to my son (11 years old), and my legal wife half of her share to her daughter (1.7 years old)? Do I need permission from guardianship or their presence? Hello, Igor. Yes, you must give shares to your children. The permission and presence of the guardianship authorities is not required for donation. But after registering the gift agreement and receiving a certificate of registration of the right to the children’s shares, provide documents to the guardianship authorities (the agreement itself and the certificate) to prove that you have fulfilled your obligations. If a husband gives his wife part of an apartment, will the donated part of the apartment be further divided during a divorce and division of jointly acquired property? The apartment was bought during marriage and was registered in the name of the husband. We recommend reading: Initiating a case under article fraud

Registration of deed of gift

When the question arises about the preparation and correct selection of documents, many people think about how, what and where to prepare. All this depends on most factors, but the main ones are time and money, so drawing up an agreement with a notary or lawyer will cost much more than if it is drawn up yourself. Let's consider each option.

Handwritten design

This method will save a huge amount of money if an apartment or share that has a good value on the market is donated. But before directly concluding a transaction, the nuances of the contract must be observed.

These features are:

Description of the transferred share of property, its size in relation to the entire property - part.
Identity cards between whom the transaction is being concluded.
Using information about the share and the apartment as a whole from the Unified State Register of Real Estate, which includes the total area of the property, the number of floors of the building, and so on. This information is of a technical nature.

The share and absolutely any property obtained through transactions of this kind are not the common property of the spouses and during a divorce, if this happens, cannot be divided.

Upon completion of drawing up the agreement, the form of which can be downloaded below, it is necessary to register it with the MFC, but before that it is advisable to have it notarized. Registration authorities and a notary may ask for changes to the agreement if it is drawn up with errors and inaccuracies. If you decide to bypass the notary and immediately register the transaction, representatives of Rosreestr, as practice shows, refuse to register documents without notarial confirmation.

: Gift deed for a share in an apartment (38.0 KiB, 381 hits)

Notarization

If the person executing the contract has little legal training and literacy in this type of matter, you should contact a notary. Using this method will require an n-amount of money depending on the price category of the gift, but it has a number of advantages.

The advantages include:

A competently drawn up agreement, according to all the “canons” of the Civil Code of the Russian Federation.
A notary visa, which informs about the drawing up of an agreement in voluntary form in the presence of third parties - witnesses. It also indicates the capacity and adequacy of the donor.
Keeping the contract with a notary simplifies the need for re-registration when restoring the document.
Notarization eliminates the problems associated with challenging the transaction by heirs or simply relatives who may lay claim to a share of the property in the near future.

Regarding registration of a share in an apartment for a minor child, it is worth noting that this person will not be able to dispose of the acquired share until the age of 14, and then only under certain circumstances. When managing a share or transferring it as a gift, permission from the guardianship and trusteeship authorities will be required. A legal representative must also be present in the contract.

Nuances and difficulties when donating an apartment to a close relative

including the recipient of the property.
After agreeing on all the nuances between the parties, as well as making a decision to issue a deed of gift for the apartment, the parties must draw up and sign an agreement in simple written form. In this case, two conditions must be met: The object of alienation must not be encumbered (pledge, arrest, long-term lease, trust management of real estate, etc.) The agreement must be drawn up in accordance with officially recognized standards with the obligatory indication of the characteristics of the property alienated free of charge. Actions of the parties for the free transfer of real estate to a relative Step 1. Drawing up and signing of a deed of gift by all interested parties. Step 2. Submitting all necessary documents to Companies House.

We independently draw up a donation agreement for a share in the apartment

To register a gift deed, it must first be drawn up correctly and then submitted to the Registration Chamber to legitimize the transaction.

If the recipient is a person under 14 years of age, then his interests must be represented only by an official representative (parent or guardian). If the role of the donee is a person under the age of 18, but over 14 years old, then all actions are performed by him and his representative.

Step No. 1 – Correctly draw up a share donation agreement

The gift agreement must be written by hand, and you must sign it only in the presence of an employee of the Registration Chamber, not earlier.

Important point! We recommend that you contact a lawyer to draw up a deed of gift, as he will not only do it correctly, but will also take into account the conditions of all parties involved in the transaction. If errors are found in the document, including spelling errors, the transaction will be considered invalid and will not be registered.

To draw up a gift agreement in accordance with all the rules, you can seek help from our specialist. This can be done in the dialog box, which is located at the bottom of the screen on the right side.

When drawing up a deed of gift, the following must be indicated:

The share that is transferred to the donee (this can be either a whole share or some part of it);
Passport details of each person participating in the transaction (donor and donee);
Address data of the real estate in which the donee’s share becomes the property;
Square meters that become the property of the donee (they are calculated from the total area of the apartment);
The floor on which the property is located;
The number of floors in the house;
Special conditions.
In this paragraph, you can indicate the following: the donor has the right to stay in the apartment for an indefinite period of time. If, even after transferring his share to another person, he does not want to check out of the apartment, this must also be indicated. In addition, the contract may indicate the period for which the donor can live in the apartment, for example, for some period or throughout his life (until death).

It is not at all necessary to indicate the value of the donated share in the contract.

Step No. 2 – Registration of the agreement with the registration authority

After all the manipulations described above, you need to contact the district MFC, Cadastral or Registration Chamber to register the deed of gift (this is indicated in Article 131 of the Civil Code of the Russian Federation). At the same time, which registration authority you choose does not matter, since the procedure for registering a deed of gift in them is the same.

First, in the presence of a representative of the registering authority, the deed of gift is signed by the donee and the donor .
Then must be attached to it (originals and photocopies required):
- Passports of all participating persons.
Certificate of ownership.
A written agreement from the second spouse to transfer the share, if it was acquired during marriage, certified by a notary.
A power of attorney certified by a notary for a third party who will represent one of the parties if she is absent during the registration of the transaction (+ passport).
Permission from the guardianship and trusteeship authorities, as well as from representatives of the donee, if he is incapacitated or has not reached the age of 18, or by court. In many ways, it all depends on who acts as the guardian, so it is necessary to find out the exact information from the Registration Chamber before registering the document.

Employees of the registration authority may require you to provide any other documents, since each case is individual. Therefore, we recommend that you contact a registration department consultant and tell him about your situation, after which he will provide you with an exact list of all the necessary certificates.

If you are planning to buy an apartment, you should know how to transfer the deposit when purchasing an apartment.

Read the conditions for participation in the Young Family program here.

Next, you will need to pay the state fee , which currently amounts to 1000 rubles . This can be done on the spot. The donee pays.
Then the data in the applications , which are drawn up by an employee of the registration authority, is verified and signed.
Then employee will return passports to all persons involved and will issue receipts, which indicate the list of submitted documentation, as well as the time frame within which it can be collected along with the certificate of ownership of a specific share in the real estate.
Registration of the contract takes a maximum of 7 days.
To avoid having to run through authorities and stand in queues, you can call the phone number indicated on the receipt and check the date when you can pick up the document, because there may be delays.
Then both parties need to come to the registration authority , having a passport and a receipt in hand, to take back their documents, the donee also receives a new certificate of ownership of the donated share in the real estate.

After the agreement comes into force, you can immediately begin the procedure of deregistering the donor and registering the donee (if this is indicated in the deed of gift). You can see how to register in an apartment here, and how to deregister here.

At the same time, do not forget that the donee is obliged to pay income tax in the amount of 13% of the cadastral value of the share transferred to him, which is indicated in the deed of gift. This law does not apply to persons who are related. Here you can see how tax is paid, only in this case the calculation is based on the size of the donated share. We bring to your attention an approximate tax calculation - the total cost of the property is 6,000,000 rubles, only 1/3 of the share was transferred to the donor. That is, the share costs 2,000,000 rubles. In this case, the tax will be equal to 13% * 2,000,000 = 260,000 rubles.

Donating a share in an apartment to a relative

By concluding a share donation agreement with them, the donor does not have to worry about the financial losses of the recipients.
Such agreements are not subject to personal income tax. But if an agreement on the gratuitous transfer of property as a gift is drawn up with a second cousin or mother-in-law, then taxation cannot be avoided. Second and third degree relatives are not close. Former spouses are not considered first-degree relatives. Features You can transfer ownership of part of the apartment free of charge.

How to donate a share in an apartment to a close relative without a notary 2020

On our website you can get the most detailed consultation on your issue from our lawyers for free through an online form or by phone in Moscow (+7-499-350-97-04) and St. Petersburg (+7-812-309-87 -91). Rights and obligations of the parties A deed of gift can only be executed voluntarily, that is, the transaction must have the consent of not only the donor, but also the donee.

We recommend reading: Single mother benefits and allowances in 2020 in the Moscow region

If none of the parties to the agreement can prove the fact of bearing a larger share (than the others) of the costs of purchasing an apartment (improving it), then the rights to the property are recognized as equal. What documents are needed to register a deed of gift? To register a donation agreement for a share in an apartment with Rosreestr, in addition to the agreement itself, the parties are required to present the following documents:

Donating a share in an apartment to a close relative! What documents and how to prepare them with a notary!

) Agreement.
A document of title confirming the ownership rights of the transferor under an agreement for the alienated residential premises, if the rights are not registered in the Unified State Register. A document confirming the transfer of real estate, if available, for contracts of sale and exchange. ** Documents confirming the fulfillment of conditions in cases where the transaction was made under a condition (Article We recommend reading: Initiating a criminal case for extortion

157 of the Civil Code of the Russian Federation).

How to donate a share in an apartment to a close relative without a notary 2020

The essence of the gift agreement is that the donor transfers to the recipient the share in the apartment owned by him absolutely free of charge - without reciprocal transfer of material assets, money, property or other obligations. Otherwise, we will be talking about a paid transfer of ownership from one owner to another. Then one should be guided by Art. 170 clause 2 of the Civil Code of the Russian Federation.

Registration of the transfer of ownership from the Donor to the Donee is a mandatory procedure. The basis for the transfer of rights is the Donation Agreement and the application to Rosreestr from the Donor. The Donee also submits an application for registration of ownership rights.

Donating a share of an apartment to a close relative in 2020-2020 - nuances

transfer of any payments in favor of the donor and anything indicating the consideration of the transaction being executed;
conditions that imply the obligation of the donee to take any action in relation to the donor (for example, lifelong maintenance);
information according to which the gift becomes the property of the donee only after the death of the donor (in this case, not a deed of gift, but a will is drawn up);
other instructions and conditions that violate current legislation.

Gifting between relatives is the most common type of transaction. This option for transferring property involves the lowest costs and is easier to carry out than other methods. Read in the article how donation of a share of an apartment occurs between close relatives in 2020-2020.

We recommend reading: Subsidies in Novosibirsk 2020

How to gift an apartment to a close relative without a notary 2020

Office of the Federal Service for State Registration, Cadastre and Cartography (Rosreestr). The essence of donation is the gratuitous transfer of property from the donor to the donee. A gift agreement is convenient to use in certain cases, for example, as an alternative to a will, or if you want to free property from the danger of division upon divorce. This form of transaction has certain limitations:

Is it possible to do without a notary? A written donation agreement is required for the gratuitous transfer of rights. An agreement with a simple form is concluded for land, an apartment, or a house, that is, certification of the donation document by a notary is not a mandatory norm. Only the agreement must include a number of mandatory conditions. Strict requirements regarding the contract are justified by the fact that the document is used to register ownership of the object. A copy of the agreement is submitted to Rosreestr with the main package of documents for registration. It is the agreement that is the basis for changing the owner in a single database.

21 Feb 2020 juristsib 7137

Share this post

Computers useful life 2020
How to get in line for a young family to buy an apartment in 2020
Income limit for child deduction in 2020

Gift deed for an apartment between loved ones without a notary

In accordance with the requirements of current legislation, a gift agreement, the subject of which is housing, is subject to state registration. To do this, you need to fill out an application to Rosreestr. No such rule has been established for other gifts. This requirement also applies to cases where the donee receives property. He needs to register his ownership. Rosreestr authorities always provide a printed form that the initiator must fill out.

We recommend reading: Details for paying the state fee for a new international passport 2020

Once all the necessary information has been submitted to the authorized official body, it will undergo a detailed analysis. Within the period established by law, the initiator will receive a response. This period is seven working days from the date of receipt by Rosreestr of the package of documents, or nine working days if the documentation was submitted through a multifunctional center. Following the procedure, a person will receive a certificate of ownership or an extract from the Unified State Register.

Share in an apartment

Real estate may be individually owned or may belong to several persons. In the second case, the property is common, which, in turn, is divided into:

Share . Here, the share of each co-owner is clearly defined and stated in the title document.
Joint . This property regime is established by law and applies to property acquired during marriage, as well as to the property of a farming association. The size of the shares is not determined, but it is assumed that, in the case of separation, the shares of each co-owner are equal.