How to assign a share in an apartment to a child

Joint ownership

A minor child, on an equal basis with adult family members, has the right to own property belonging to the parents, or part of it, as well as to use such property without the right of disposal. The child has the right to independently dispose of the share due only upon reaching the age of majority.

Joint ownership of housing requires the mandatory participation of all owners in purchase and sale transactions, rentals and other transactions related to the disposal of joint property. For example, the sale of such a home is possible only with the general permission of all owners. In the context of marriage relations, joint ownership of housing by spouses presupposes the equal right of each of them to half of the property, regardless of whose name this property is registered in.

Allocating a share in an apartment to children: step-by-step instructions

According to the Constitution of the Russian Federation, every citizen, including persons under the age of majority, has from birth the right to housing, as well as the right to own property or part of it.

The issue of allocating a share in an apartment to children became especially relevant after the start of the Maternity Capital program. Most owners of maternal capital use it to buy a home or pay mortgage obligations. And in accordance with the law, in property acquired including through family certificate funds, the allocation of a share in the apartment to minor children is mandatory, just like their parents.

Shared ownership

Shared ownership of housing provides the opportunity for each co-owner to use and dispose of his part of the property at his own discretion without the mandatory consent of other owners. Thus, the shared owner has the right to sell, bequeath, or lease his share in the common property. Moreover, in the event of alienation by a shared owner of his part of the living space, the co-owners have the right of first refusal to purchase his share.

Allocation of a share in kind in an apartment for a child

This procedure involves assigning a separate room to a minor within the common living space. In this case, the owner of the allocated share must have unhindered access to the premises assigned to him with the ability to use common areas (kitchen, bathroom, hallway). The allocation of a share in kind in an apartment is made on the basis of a mutual agreement of all homeowners, or in court if other owners have claims.

It is possible to allocate part of the property in kind, provided there is sufficient living space for allotment.

When is this procedure necessary?

When purchasing a new property, a parent is not in all cases obliged to allocate a share of ownership in the apartment to his children. The law provides for certain situations when this procedure is required. For example, the allocation of a share in an apartment is carried out if the residential premises were purchased using maternity capital funds or the protection of the legal rights of a minor is required. In the second case, situations are taken into account when new housing is purchased after the sale of property in which the child had a share.

The state strictly monitors the fulfillment of this obligation, therefore, before changing the place of residence of minor children, parents will have to obtain the appropriate permission from the Guardianship and Trusteeship Authority. The main condition for allocating a share in an apartment to a minor is the following: this part must be no less than that which belonged to him before purchasing a new home. Otherwise, the transaction may be declared invalid.

Procedure for selling an apartment with a share of a minor child

In some cases, when parents do not intend to buy a new home after selling the old one, OOiP agree to open a personal account in the name of the child, where the amount from the sale of his share in the apartment will be transferred. The account is designed in such a way that only the child himself can receive money from it when he turns 18 years old.

To issue a permit, the OUiP has exactly 2 weeks from the moment it receives the application and the accompanying package of documents from the parents. The completed permit must indicate the full address of the old apartment, as well as consent to the purchase of a new apartment and indicate its address.

16 Apr 2020 stopurist 1213

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Is it possible to give a minor child a share in an apartment?

A gift is a two-way transaction in which one participant in the procedure (the donor) transfers part of his property to the other (the recipient) free of charge. This procedure requires the preparation of a written document (deed of gift) with mandatory certification of the transaction in a notary office.

Russian legislation does not prohibit the transfer of property in favor of minors. But there are some nuances. A minor child cannot participate in the transaction himself; his legal representatives act for him and on his behalf.

But parents, guardians or adoptive parents must confirm their authority with the child’s birth certificate (if they are represented by parents or adoptive parents), or with a court decision or other document if they are guardians. Whenever registering the transfer of property to a minor, the participation of guardianship and trusteeship authorities is not required.

When alienating property in favor of a child, you need to pay attention to two important nuances:

1. Transfer of a share of real estate to a minor in accordance with paragraph 1 of Art. 572 of the Civil Code of the Russian Federation assumes that one of the child’s relatives acts as the donor, and the recipient (donee) is the minor himself.
2. Parents have the right to give their child a share in real estate only if they themselves own this object and have all the title documents for the property in order.

When registering a gift transaction, the legislation determines that:

• if the child is not yet 14 years old, then his presence during the transaction is not required; one of the parents or guardians signs on his behalf in the document (Article 28 of the Civil Code of the Russian Federation);
• in cases where the recipient has reached the age of 14, but is not yet eighteen, he himself signs all documents, but with the mandatory consent of legal representatives (Article 26 of the Civil Code of the Russian Federation).

In both the first and second cases, the gift agreement requires the parents or guardians to indicate their consent to the gift transaction.

How to register for children their share in the apartment in case of divorce

Thus, the legislation does not establish a specific size of such shares - they can be anything. Do I need permission from the guardianship authorities to sell an apartment in which my child has a share in the ownership? I want to buy a car with the proceeds.

There is a real allocation of premises into two separate rooms. Each room has its own exit, there may be separate communications. This option is rare, and in the case of dividing a one-room apartment, it is completely impossible. A conditional allocation is carried out. The premises are not separated, but each spouse uses the apartment separately, without violating the rights of the former significant other. The apartment is sold with a division of the proceeds, if there are no children. Otherwise, you need to get consent of the guardianship authority The apartment is transferred to one spouse With temporary residence of the second spouse

Also read: Which codes to use in 2020, account 303 07

Legal regulations

The presence of property rights does not allow a person, until he reaches the age of majority according to his passport, to dispose of independently owned property without the consent of his parents, and a number of transactions require the additional involvement of government authorities on guardianship issues. The gift of a share in real estate to a minor child does not contain the obligation of approval of the guardianship council, but is made with the consent of the parents or other representatives of interests in accordance with the law, who are authorized to sign the agreement on the part of the donee.

The shared form of ownership has the following features:

• the disposal of the entire object obliges all co-owners to participate or the execution of a power of attorney for representatives of interests;
• disposition of shares for compensation implies preliminary notification of co-owners with the provision of a priority right to repurchase;
• any transaction regarding partial ownership of an entire object, regardless of receipt of payment or gratuitousness, requires a visit to a notary to certify the agreement.

An agreement to donate a share of an apartment to children will need to be certified by a notary office not because of the child’s age, but due to the status of the donor’s ownership of part of the premises rather than as a separate piece of real estate.

In accordance with Article 572 of the Civil Code of the Russian Federation, donation is a bilateral transaction that obliges both participants to sign and does not imply compensation for the transfer in any form. If there is a counterclaim, the transaction is equated to a barter transaction that has no points of contact with a gift, excluding the legal consequences provided for by Chapter 32 of the Civil Code of the Russian Federation in relation to gratuitous transfer.

The agreement for donating a share to a minor has specific features when drafting and signing:

1. The right to sign for the donee belongs to:
   parents or representatives of interests until the child reaches the age of 14;
2. a minor who has reached the age of 14, with the consent of his legal representatives.

1. A deed of gift for an apartment to a minor child may include a deferral of the actual transfer until a certain point in time, for example, until reaching the age of majority or a condition precedent requiring the receipt of a higher education diploma.

An important criterion for donating a share of an apartment to children in joint ownership is a detailed description of the object by location, footage, indicating technical parameters that allow identifying the transferred right.

What features does the law contain?

Children are not formally prohibited from being the owner of real estate. This applies to both the whole property and a part, for example, a share in an apartment. All responsibilities regarding the apartment until adulthood are performed by parents or guardians:

• pay for the maintenance of housing, common areas in apartment buildings and utilities;
• provide contributions for capital repairs of apartment buildings;
• maintain the apartment in proper condition (repair);
• pay off tax debts.

Therefore, in accordance with the current civil legislation, donating a share in an apartment to a son, daughter, grandchildren or other children with whom the donor is not even related is permitted.

However, when registering, it is necessary to take into account a number of procedural features:

1. On behalf of the owner, the contract is signed either by his parent (under 14 years old) or by the child himself (from 14 to 18 years old), but with the consent of the parent.
2. The gift agreement must be certified by a notary.
3. The transfer of rights must be registered in Rosreestr. Only after this the transaction can be considered completed.

IMPORTANT. In this case, the co-owners do not have a preemptive right. There is no need to collect written refusals from them or send notices.

It is not necessary to obtain the consent of the guardianship authority (guardianship authority) to donate a share in the apartment to a minor child.

Peculiarities

When donating a share of real estate to a minor child, several features must be taken into account:

1. If the property from which the child’s share is allocated is joint, then the consent of all owners of the residential premises will be required.
2. When alienating part of the property that is in shared ownership in favor of a child, such consent will not be required, since the donor transfers part of his allocated share to the minor.
3. Alienation of part of the residential premises in which another minor is registered is not allowed; such a transaction will be considered unlawful. If it is necessary to draw up a deed of gift, then the child registered in this residential area must be discharged and registered in another place.

According to paragraph 2 of Art. 572 of the Civil Code of the Russian Federation, a gift agreement is a free transaction, in other words, the donor has no right to demand from the recipient any remuneration, either monetary or any other.

For example, if a grandmother decided to give her grandson part of her apartment, she does not have the right to demand from him in return any monetary compensation, obligations, or any other retaliatory actions.

The legal representatives of a minor who has received a share in residential premises as a gift do not have the right to dispose of it in any way. That is, they cannot sell, exchange, or transfer the child’s property.

Gift with encumbrance

Most often, gift transactions are carried out between close relatives. The legislation assumes that a gratuitous contract can be concluded with an encumbrance.

It is meant that additional conditions will be specified under which the time and procedure for the transfer of residential premises into the ownership of the donee will be agreed upon. So, when registering a gift of housing, one of the wishes of its owner will be to ensure the right of his residence in this living space.

Thus, the agreement will state that after its signing the donee becomes the owner, but the donor can live in it indefinitely. In this case, a donation with lifetime residence is issued.

The condition is more of a deterrent against possible negative actions towards the donor on the part of the recipient, which, unfortunately, do occur. In such a situation, the new owner can sell or exchange the property only with the consent of the former owner living in it.

The procedure for donating real estate acquired with the involvement of maternity capital

The Family Capital Program covers a significant number of Russian families. The procedure for its use, as well as the distribution of property acquired for this money between parents and children, is regulated by Federal Law No. 256 of December 29, 2006.

The fundamental postulate of this legislative act is the mandatory condition for registering the purchased housing as shared ownership, divided between the father, mother and children.

This is usually done by submitting to the Pension Fund a notarized obligation to allocate shares to children in the purchased residential premises using maternity capital.

Subsequently, a donation agreement for a share in the apartment is drawn up by each of the parents, provided that the property is registered as shared ownership. If there is no spouse or there is a marriage contract, one deed of gift is drawn up.

Donation of movable property to minors

This is also provided for by law. The procedure for carrying out the transaction is no different from the option when an apartment is donated, i.e. the same conditions apply.

For example, if a child under 14 years of age becomes the owner of a car, he can become a full owner only upon reaching his 18th birthday and, accordingly, can drive it.

However, adults have the right to drive a vehicle until its owner has received a driver's license. All expenses (taxes, fees) required for the maintenance of the object are borne by its representatives.

Advantages and disadvantages

In terms of registration and the future fate of real estate, we can highlight the following advantages and disadvantages of an agreement to donate a share of an apartment to children.

The donation also has other legal consequences. They can be viewed from different perspectives. In one case this will be an advantage, and in another - a disadvantage. The list of nuances that must be taken into account when re-registering shares is as follows:

1. The share becomes the property of the child. This means that it is the child who is the owner of part of the property, and not his parents, although the latter temporarily act on his behalf. After reaching adulthood, the child will have the right to independently decide what to do with the housing - sell, donate, bequeath at his own discretion. In this case, the donor will not be able to impose his opinion.
2. It will be problematic to transfer the share as collateral (for example, against a loan) until the child reaches adulthood.
3. Donation does not replace the right to participate in the sale of maternity capital. In other words, if a child is given a share in an apartment, he will still participate in the distribution of living space purchased with maternity capital.
4. The terms of the donation cannot be specified in the contract. For example, that property passes to the grandson only if the grandmother receives the right to permanent residence in the apartment.
5. It is also prohibited to establish compensation for housing in any form - cash, goods or services. The contract will be cancelled.

IMPORTANT . A deed of gift is an unconditional contract. It should not contain any obligation to reimburse the cost of the share on the part of the donee. The recipient only agrees to accept the gift.

Do I need a notary?

This document must be certified by a notary. Donating a part (share) without a notary will result in refusal to register the transaction. Participants in an agreement to donate a share of an apartment to minor children must contact a notary office for certification. This cannot be avoided.

In the course of his work, the notary:

• independently draw up a legally competent text of the deed of gift (texts from participants are almost never accepted anywhere);
• will check whether the rights of third parties have been violated;
• will assess the legal purity of the share in terms of the presence of arrests and encumbrances;
• will check the sanity of the parties to the transaction;
• will formalize the consent of the donor’s spouse to alienate the share;
• will register the consent of the minor’s parents to receive a share.

Therefore, there is no requirement to sign any contract before visiting the notary. The draft agreement for donating a share of an apartment to a minor will be prepared by the office employee himself.

IMPORTANT. Certification of the contract by a notary does not replace the state registration of rights in Rosreestr. Both procedures are necessary.

Allocation of shares to children when using maternity capital

Hello! Housing was purchased by the mother under a marriage contract as personal property with a mortgage. Is it possible to use maternity capital to pay off the principal debt with an obligation to allocate shares only for children? The spouse is provided with housing under a social tenancy agreement.

1. In the case when the owner of the property is one of the spouses, to him:
   First, you will need to allocate a share to the second spouse by concluding an agreement on the division of jointly acquired property (if it was acquired during marriage).
2. After state registration of shares, parents can enter into either agreements for the donation of shares to children or an agreement on the distribution of shares to each child. In these documents, the second parent will act for minor children (sign the contract, submit an application). In the agreement, shares may be determined taking into account the interests of each of the participants in the common shared property, including minor children.
3. In those circumstances when Both spouses have property rights, then you can:
   In the case of shared ownership of housing, immediately enter into donation agreements or an agreement in relation to children;
4. When the property is joint , you will have to act in the same way as in the first case: first an agreement on the division of joint property, and then from the share of each (one) parent a part is transferred to the children.

26 Jun 2020 stopurist 440
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What can you give as a gift to a child?

According to a written DD, a minor can be given any gift: real estate, land, car. For a car, an oral transfer of keys and making changes to the title is enough, but many people prefer to draw up everything on paper.

Legal advice: it is better to issue a written deed of gift, even if this is not required by law. This approach will reduce the likelihood of challenging the transaction and protect the interests of both parties.

Let's consider the features of giving different gifts in detail.

House or apartment

If the donor owns a house, he has the right to give it to the child. It is important to take into account that the alienation is carried out together with the land plot on which the housing is located. It will not be possible to give a separate house without land - these objects are inseparable.

An apartment owned by the donor can also be donated in favor of a minor.

Land plot

If the donor owns a plot of land, he has the right to give it as a gift to the child.

Together with the land, all objects located on it are alienated: buildings, structures, structures, etc.

House share and plot

If the house is in shared ownership, you can donate your share to a minor along with part of the plot.

You do not need to obtain the consent of the other owners, but the DD will have to be certified by a notary.

Share in an apartment

A share in an apartment, as in a house, can be donated under a deed of sale without the consent of the other owners. An exception is the acquisition of real estate by spouses during marriage: even if the donor’s spouse is the recipient’s parent, consent will have to be obtained (Article 35 of the RF IC).

The spouse's permission to alienate property will not be needed if there is a marriage contract, according to which the donated property is owned by the donor.

Important! Before donation, the share in the property right must be allocated. Despite the fact that the spouses own common property in equal parts, there is no actual division. The share is allocated by agreement, then the changes are registered in Rosreestr. Only after this can a gift deed be issued for the child.

Automobile

You can give a car to a minor and register it in his name. This is usually done to avoid paying transport taxes and fines. But such actions are wrong: according to the law, the interests of the child are represented by the parents, therefore, tax obligations are assigned to them. For non-payment, the Federal Tax Service may hold you accountable and oblige you to pay a fine.

With fines for traffic violations, everything is simpler: if they were recorded by a camera, you won’t have to pay. If a traffic police officer notices non-compliance with the rules, a protocol is drawn up indicating the specific violator - it is he who will pay for everything.

If a donor wants to give a car to a child as a gift, you can draw up a written DD or enter into a deal verbally by simply handing over the keys to the child’s parents and adding the minor as the new owner to the title.

Garage

A garage is classified as real estate, and the same donation rules apply to it as for an apartment or house. The DD must be drawn up in writing and registered with Rosreestr.

If the garage is located in a cooperative, any transactions with it are possible only after making the last share contribution.

How to register a gift of a share in an apartment to a minor

In order to formalize the donation of a share in residential premises to a minor, there are two ways:

1. Contractual regime. In this case, a gift agreement is drawn up, then it is certified by a notary office and after this the changes are registered in Rosreestr.
2. Judicial order. Valid in cases where there is a refusal to transfer part of the residential premises through a deed of gift, this refusal is disputed in court.

Legal proceedings in cases of refusal to transfer part of the property to a minor under a gift agreement occur extremely rarely, so we will not consider the judicial procedure for registering a deed of gift. Even if one of the owners refuses to formalize a deed of gift, it is possible to transfer part of the property through a voluntary agreement.

According to Art. 56 of the Law on Notaries, a gift transaction is formalized at the location of the apartment or house, part of which is transferred to the minor as a gift.

Step by step procedure

Before concluding a gift agreement, it is necessary to perform a number of preliminary actions:

1. Prepare documents for the property, part of which is planned to be donated to a minor.
2. Notify the child’s legal representatives that you intend to give him part of your living space.
3. Prepare a draft deed of gift.
4. Visit a notary's office to sign a gift deed.
5. In conclusion, the legal representatives of the gifted child visit Rosreestr, where they re-register ownership of a share in the residential premises to the minor.

Procedure

First of all, the donor must collect and put in order all the title documents for the residential premises. Then he draws up a preliminary draft of the gift agreement according to the model published below.

With this sample, the donor, together with representatives of the minor child being gifted, visit the notary’s office to certify the document. Before certifying the gift agreement, the notary examines the passports of the parties to the transaction in order to verify their identities and also checks their legal capacity. Then the employee of the notary office must explain to everyone their rights and obligations, and also reminds them of the legal consequences of the transaction.

After the donation agreement is concluded and certified by a notary, information about the transaction is entered into the register, and a mark about this procedure is placed on the document, which contains:

• date of execution and certification of the transaction;
• record number;
• information about the notary officer who certified the document.

Documentation

To conclude a gift agreement, you will need to collect the following package of documents:

• passport of the owner-donor;
• birth certificate of a minor;
• title documents for residential premises;
• extract from the house register;
• an extract from the Criminal Code confirming the absence of debts on utility bills;
• written consent of all co-owners of the property;
• receipt of payment of state duty
• passport of the legal representative of the minor and his written consent to accept a share of the residential premises as a gift.

Sample agreement

The donation agreement must contain the following clauses:

1. Date and place of document preparation.
2. Name.
3. Personal information about all participants in the procedure.
4. Rights and obligations of all parties to the contract.
5. Description of the property being donated.
6. Mention of the collection of state duty for certification of the contract.
7. Number of copies.
8. Signatures (with transcripts) of all signatories. In the event that the minor being gifted has not reached the age of 14 years, his legal representative signs instead.

Contacting a notary

To certify the drawn up document, the parties turn to a notary, who certifies their identities, explains the rights, obligations and consequences of the transaction provided for by the Civil Code of the Russian Federation. After the agreement is certified, data about it is entered into the register (entry number, date and information about the notary).

However, not in all cases of donating a share in an apartment to a minor, it is necessary to contact a notary.

Thus, a document can be drawn up and signed by the parties without a notary in the following cases:

• if the donor is the sole owner of the residential premises;
• if all owners of residential premises give their shares to one minor, and this transaction is formalized by one agreement.

In these cases, notarization is a right and not an obligation of the parties.

It is necessary to have a document certified by a notary office if:

• the residential premises are common shared property (there is no need to formalize the consent of other owners to complete the act of donation);
• the donation of shares of the apartment is carried out to one child, but the owners decided to draw up different agreements, and not a single one.

Attention! The transfer of ownership of part of the apartment to the child must be registered; for this, documents are submitted directly to the Rosreestr branch or to any office of the MFC. The received extract from the Unified State Register confirms his right to own part of the property.

Price

The total cost of the transaction is the following:

• notary services for drafting the text of a document - depending on the region, the price can vary from 2 to 5 thousand rubles;
• state fee for notarization of the contract - 0.5% of the value of the property transferred as a gift (when donating a share, the percentage is calculated only from its value);
• The state fee for performing registration actions of transfer of ownership is 2000 rubles.

Deadlines

When the preparatory procedures are completed and all the necessary documents are prepared, the signing of the document takes place in one day. When concluding a transaction, all participants must be present, not necessarily only the participation of a child under 14 years of age.

The process of registering the transfer of ownership to the donee will take on average from 7 to 10 days, depending on the method of transfer of documents.

How to allocate a share to children in an apartment purchased with maternity capital in 2020

The parent in whose name the mortgaged apartment is registered must draw up an obligation to allocate children's shares. This must be done before receiving the MS, otherwise the lack of obligation may become grounds for refusal to issue funds for maternity capital.

The Pension Fund will necessarily require the preparation of an obligation in cases where:

1. The property is not registered as common shared ownership , for example: the owner of the residential premises is one of the parents, or both, but the children are not co-owners of the apartment;
2. The housing is registered in the name of the mother, but is pledged to the bank.

After paying off the mortgage

After repaying the mortgage with maternity capital, you will be provided with a mortgage. Along with this official paper, collect additional documents:

• Original and photocopy of the loan agreement;
• Contract for the purchase and sale of real estate;
• Certificate of state registration of property.

After collecting the package of papers, contact the Registration Chamber. Employees of the government agency will check the documents and remove the restriction on residential real estate.

As confirmation, you will receive a new Certificate of Registration for an apartment or other real estate.

Registration of deed of gift is a free procedure. Within six months after registration, applicants must allocate shares in the apartment to minors.

A child’s right to an apartment in the event of a parent’s divorce

Parents, according to family law, are obliged to take care of their children and act as guarantors of the protection of their rights, including housing rights.

According to civil law, the place of residence of minor children is the place of residence of their parents (Clause 2 of Article 20 of the Civil Code of the Russian Federation).

At the birth of a child, it is the mother and father who must carry out mandatory registration at their place of residence.

In the event of divorce of parents and division of real estate, a child who is not a co-owner of the property does not participate in the division (i.e.

shares in real estate are allocated only between spouses) - this rule is stipulated in paragraph 4 of Art. 60 IC RF.

If a child has a share in a house/apartment or is the sole owner, this share (or full property) is not subject to division between the parents.

According to paragraph 1 of Art. 39 of the RF IC, the common property of the spouses is subject to equal division by the court, however, in accordance with paragraph 2 of this article, the court has the right to deviate from equality of shares in favor of a minor child and determine the larger share to the spouse with whom the children remain.

Example 1. Spouses K., while married, purchased an apartment as joint property. Upon divorce and division of real estate, housing was divided as follows: the husband received 1/3 of the share, the wife (with whom the minor daughter remained) - 2/3 of the share. In this case, the daughter did not participate in the division, and a large share was allocated in favor of the child’s mother.

Example 2. Spouses V. purchased an apartment during marriage and registered it in their son’s name. Upon divorce in accordance with clause 4 of Art. 60 of the RF IC, the child’s property will not be subject to division between the parents, but they retain the right to use the residential premises.

Agreement on the division of an apartment in the presence of children

According to paragraph 2 of Art. 38 of the RF IC, the division of the real estate of a husband and wife can be certified by agreement of the parties.

An agreement on the division of real estate is a notarial document, under the terms of which the shares of each spouse in joint property are allocated, as well as the procedure for using the residential premises of each party after a divorce (in this case, the parties can deviate from equality of shares on mutually beneficial terms, which is much more difficult to do in court okay).

The cost of a notary agreement is 5,000 rubles. + 0.5% of the value of the property being divided.

Example. When dividing a three-room apartment worth 2 million rubles. payment for notary services consists of 5 thousand rubles. (fixed rate agreement) + 10 thousand rubles. (0.5% of the apartment price) = 15 thousand rubles. — the total cost of the service for drawing up the agreement.

When concluding an agreement between spouses with children, the notary takes into account two main points:

1. If a child does not have ownership rights to housing, the agreement is drawn up without taking into account his right to the property of his parents (clause 4 of Article 60 of the RF IC) and the apartment is divided only between spouses (albeit in unequal shares - for example, the mother receives a larger share, the father - smaller).
2. If a minor is the owner of part of the housing (share), this particular part is not subject to division. In this case, by agreement of the parties, the remaining part of the living space is divided between the spouses.

Procedure for drawing up an agreement:

• a visit to a notary by both spouses (or representatives of the spouses by proxy);
• provision of documents: passports of the parties;
• documents for the divided apartment (purchase and sale agreement, certificate of ownership, etc.);

The agreement is drawn up in three copies on the day of application to the notary office.

Director Alina Dmitrieva answers:

When purchasing real estate with a mortgage, you must understand that this property will be pledged to the bank. Accordingly, you can donate or perform other actions with the apartment only with the consent of the bank, unless otherwise provided by the mortgage agreement. At the same time, you have the right to bequeath your share to your children. You can also donate your share after the mortgage is paid off.

Taxes

The Tax Code stipulates that when receiving property as a gift, the beneficiary undertakes to pay a tax of 13%. This requirement applies to cases where the parties to the transaction are distant relatives or are not related.

Recipients of a gift are exempt from paying tax if the parties are close relatives of each other (Clause 18.1, Article 217 of the Tax Code of the Russian Federation). Parents can transfer property without paying tax to their children, grandparents to their grandchildren, as well as brothers and sisters to each other. The uncle and aunt are distant relatives in relation to the nephews and in this case the tax is payable.

On behalf of a minor, a tax return is submitted by his legal representatives within the time limits established by law (from January 1 to May 1 of the year following the year in which the property was received). For violation of deadlines, a penalty of 1000 rubles and 5% of the tax amount for each month is provided. In addition, there are penalties for failure to pay taxes on time.