How to Transfer All Property to a Child

Re-registration of an apartment for children (daughter/son)

Parents live and try for their children.
Every parent wants to leave a legacy to their child. How to survive the re-registration procedure? A package of documents? Deadlines? Several years ago, the Russian government made changes to the procedure for transferring property to children. The changes somewhat simplified the procedure by abolishing the gift tax, which had a decent amount, thereby complicating the process.

Today, the procedure for transferring property to children is not free, but it is much cheaper than before.

It’s worth starting with the documents that will be required:

• child's birth certificate;
• apartment documents confirming ownership;
• confirmation of the completion of the purchase and sale agreement;
• certificate from the BTI of the total cost of housing;
• from BTI about the technical equipment and detailed components of the apartment;
• from the tax authorities (only if manipulations with the apartment were previously carried out);
• about family composition and status (issued by the local police department);
• about the absence of utility debts (issued by the housing department).

After collecting documents, you need to visit a notary with your child.

Important! Warn the child in advance so that he is aware of what is happening.

Features of registering an apartment for a minor child

Re-registration of an apartment for a child has its own characteristics. There are situations when this procedure cannot be avoided. Anyone can figure this out on their own. A child can become the owner of any property from the moment he receives a birth certificate.

Such a gift can be given not only by a relative, but also by any sufficiently generous person.

You can donate an existing apartment or buy a new one. Age plays a key role when concluding such an agreement:

1. Less than 14 years old. Parents, guardians and trustees have the right to sign, so when registering, you need the owner of the home and one of the child’s representatives.
2. Over 14 years old but under 18 years old. A minor has the right to sign an agreement, but in the presence of his legal representative. The document will have the signature of the child, his representative and the owner of the apartment.
3. Over 18 years of age is an adult citizen who has the independent right to enter into real estate transactions.

Registration only gives the right to reside. There are several legal ways to make a child the owner of an apartment:

• Privatization. During privatization, a child registered in an apartment has the right to an equal share. If the parents notarize their shares in his favor, then he becomes its full owner.
• Will. The testator can be any person, not just a close relative.
• Buying a home. You can conclude a purchase and sale transaction. A minor family member becomes the owner of the entire apartment or part of it. If housing is purchased under the “maternity capital” program, then a mandatory requirement is to allocate a share in the property to all children.
• Giving. Any owner of residential or commercial real estate that is not burdened with debt can. Real estate donated to a close relative is not subject to personal tax (from 13% to 30%).

This method has features:

1. the will can be challenged in court by other heirs;
2. expenses

How to transfer ownership of housing to a minor child?

There is a practice of transferring ownership of housing to children who have not reached the age of majority; such a procedure is somewhat complicated and will require additional features.

The procedure is based on a gift agreement, one of the copies is transferred to the State Registration Service. The optimal solution is to seek the help of a lawyer, he will prepare an agreement taking into account all the details.

For the procedure you will need:

1. donor's passport;
2. child's birth certificate;
3. cadastral passport of the apartment (issued by BTI);
4. apartment assessment from BTI;
5. certificate confirming ownership;
6. extract from the house register and personal account;
7. certificate of family composition;
8. consent of one of the spouses (when both have property rights);
9. relatives who have the right to property;
10. from parents/guardian to receive housing as a gift;
11. permission from the guardianship and trusteeship authorities to represent the interests of the child by a parent who does not have personal housing;
12. a receipt confirming payment of the state fee for registration;
13. application from the donor to register the transfer of ownership of the property;
14. on registration of property rights from a child who received real estate as a gift;
15. real estate donation agreement.

To submit documents to the State Registration Service, the presence of the donor, the child and his legal representative is required.

Is it possible to transfer an apartment to a child during a divorce?

It often happens that one of the former spouses refuses to pay their share of the mortgage. In this case, the contract is reissued to the solvent person. The second one is cleared of all litigation regarding payments, but he does not have the right to demand a share in the apartment.

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How to divide an apartment during a divorce if there are children

If a child does not have ownership rights to a share in the apartment, but is registered in it and has the right of permanent residence, then, as a general rule, permission from the guardianship authority to alienate the apartment is not required. However, if as a result of such a division the child remains homeless, this transaction may be challenged.

The procedure for transferring real estate by inheritance is regulated by Articles 1142 and 1149 of the Civil Code. The algorithm for registering property after receiving it by inheritance is similar to that stated above, however, instead of a gift agreement, the right to inheritance acts as the basis for the transfer. It is drawn up by a notary. You must bring a death certificate and a will or documents confirming a close relationship. After receiving a certificate of inheritance rights, you should contact the MFC to register the property. Parents also participate in the process along with the minor.

The right of property is the basic right of a citizen of the Russian Federation, which he receives from birth. Even a child can have rights to various property, including real estate. There are only two restrictions: on transactions with real estate and on the full disposal of it. A minor can enter into any agreements only with the consent of his parents, and he can fully dispose of property from the age of 18. But this does not mean that you cannot transfer an apartment or house to your child until he reaches adulthood. On the contrary, it is a convenient way to simplify the inheritance process. A person who has not reached the age of majority can obtain real estate in different ways: by purchase and sale, by inheritance, under a gift agreement or through privatization.

By inheritance: features

The gift agreement is the most profitable in economic terms. It does not require additional expenses; at the conclusion you will only have to spend money when ordering the services of a notary.

Marina, hello, since you purchased the house during marriage, there is a presumption of community and equality of the property of the spouses acquired during marriage - the legal regime of the property of the spouses is regulated by the provisions of Chapter 7 of the RF IC, however, according to the provisions of Art. 39 of the RF IC: the court has the right to deviate from the beginning of equality of shares of spouses in their common property based on the interests of minor children and (or) based on the noteworthy interests of one of the spouses, in particular, in cases where

Based on the information presented in this code, the method of transferring an apartment from a husband to his wife is largely determined, which is important to take into account. First of all, let us turn to the 3rd paragraph of Article 34 of the RF IC, which determines the status of property belonging to a particular family.

Re-registration of housing in the name of a spouse (husband, wife)

Important! Registration of housing in the name of one of the spouses is a very common procedure in notarial practice. You should be aware of the fact that if real estate was acquired during an official marriage, it is already common, without taking into account the fact of initial registration.

The transfer of living space between spouses can occur using the following methods:

• Drawing up a real estate donation agreement.
• Drawing up a will, according to which one of the spouses will inherit the home first, along with the children.
• Drawing up a marriage contract, which clarifies wishes for the gift of property, or prescribes the conditions on the basis of which one of the spouses will become the owner of the property.

Important! If the intending party decided to draw up a donation agreement for part of his property and was already married, he must indicate the specific parameters and details of the bequeathed part of the housing. The position requires registration with the FUGRTs. Subsequently, the agreement is not subject to challenge not only by the former other half, but also by the children. Neglecting this information may ruin all your efforts.

Any of the methods of registering property in the name of a spouse will require a package of documents:

• Documents confirming the identities of the spouses.
• Apartment cadastral passport; if you don’t have one, you will need an apartment plan (ordered from the BTI).

Can a wife's property be seized for her husband's debts?

• Movable property . It represents furnishings, everyday items, household appliances, electronics, securities, bank deposits, income in the form of cash payments, pensions, and business activities.
• Real estate . It is represented by residential and non-residential areas. For example, an individual house, office, apartment, production facilities, share in the shared construction of buildings and structures.

1. Cash in current accounts, deposits of a person who is in debt.
2. Various types of securities. These can be shares, business papers, shares, bonds and others.
3. Property of the debtor that has not been withdrawn from circulation. It can be either movable or immovable property. It doesn't matter who uses it. If a person's ownership is confirmed, then a penalty is imposed on his property.

Also read: What benefits are available for a third child in the Krasnodar region

How to re-register an apartment in the name of parents (mother/father)?

To avoid troubles associated with the fear of property passing into unwanted hands, people are increasingly seeking to secure what they have acquired with their closest relatives (parents).

The most convenient way to transfer property to one of the parents is to draw up a deed of gift certified by a notary.

To complete this task you will need:

• Statements from the parent in whose name the housing is being re-registered, stating that the ownership of a specific property has been registered.
• Passports (a certain number of copies and a passport).
• Technical and cadastral passport for real estate or apartment plan with details.
• Certificate from the Housing and Maintenance Department (HOE) confirming the absence of debts for utility services.
• From the housing department about the number of registered people in the apartment being re-registered and documents confirming their identity.

Upon state registration, the parent receives a certificate of ownership.

The donor does not pay tax or state duty on the apartment in connection with the transaction between first-degree relatives.

If the donor and the parent in whose name the property is registered have different surnames, confirmation of the degree of relationship will be required to implement the procedure.

From the moment of the donation, the mother/father acquires lifelong registration in the apartment.

Important! People often “get rid” of real estate in order to get on the waiting list for municipal housing. This trick won't work here! Data on the availability of property is stored in the database for about ten years. You can apply for the queue after five years.

Registration of a share of an apartment for a child before divorce

A gift agreement is the least burdensome way to transfer property rights to another person, including a child. The advantage is that when donating a share, no taxable income arises, that is, you will not need to pay 13% of the value of the share, since the donor and recipient are close relatives. Such an agreement does not even need to be certified by a notary, but drawn up in simple written form, but it must be registered with the Rosreestr authorities.

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Declaration of real estate property

Unless otherwise stated in the marriage contract, the husband and wife own the apartment in equal shares. After a divorce, one of the parents (for example, the father) moves to another place, while the mother and child remain in the apartment. In anticipation of a divorce, he can transfer his share to the child in several ways.

1. personal documents of registration participants.
2. documents for the property (privatization certificate, purchase agreement, will, etc.);
3. deed of gift or will;
4. documents from the BTI, cadastral passport;

1. the contract can be terminated at the initiative of the donor at any time before his death;
2. real estate acquired under a gift agreement will not be considered joint property and will not be subject to division in the event of a child’s divorce.

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During the marriage, 2 apartments were bought and both were registered in the husband’s name, he re-registered one of the apartments in his mother’s name, will this apartment be divided during a divorce? how an apartment is divided during a divorce Collapse Victoria Dymova Support employee Pravoved.ru Try looking here:

This can be either one document or two: an agreement on the determination of shares and a separate gift agreement. The deed of gift must include the following information about the subject of the agreement:. If a loan for an apartment was taken out by a married couple, then both spouses are co-borrowers on the mortgage. Before transferring the apartment to your spouse, you need to obtain consent from the bank. And he can refuse this, citing the fact that his wife’s income is too small to repay the debt.

How to register an apartment for grandchildren?

For the procedure, you can use the following re-registration methods:

• Will for a grandson.
• Deed of gift.

Will

The registration procedure takes place in the presence of a notary and requires payment of a state tax in the amount of 0.6 percent of the value, after entering into an inheritance, according to Art. 333.24 of the Internal Revenue Code.

Donation agreement

It is not at all necessary to go to a notary to draw up a gift agreement; an example can be found on the Internet or in a book about agreements. When drawing up a document, it is important to indicate that the property is being given as a gift. It is impossible to demand from a grandson/granddaughter actions of courtship until death; all that remains is to rely on conscience. It will not be possible to refuse the decision to donate after the transaction, even if the grandson/granddaughter refuses verbal promises.

If the donor is officially married, the notarized consent of the second spouse will be required, since the rights to jointly acquired housing are equal. The gift agreement is contested only in the most extreme cases (Article 578 of the Civil Code), if the gifted person has attempted the life of a family member or caused bodily harm.

The contract can stipulate the cancellation of the donation in the event of the early death of a relative, before the donor. The law allows such actions in connection with possible dangers in service or at work (clause 4 of article 578 of the Civil Code).

Registration of the agreement in the state register is mandatory.

If the grandson/granddaughter has not reached the age of majority, the agreement is signed by the parents instead.

Rarely but aptly used is a good method in the practice of giving. The contract promises a gift in connection with the occurrence of a certain event in the life of a grandson (graduation from school, university, birth of a child, etc.). Registration of the contract occurs only after the occurrence of a specific event. It is also indicated that the apartment will be donated according to the deed. And only from the moment the deed is signed, the full transfer of the apartment will take place.

Taxation on transactions

The peculiarities of taxation in transactions of donation and purchase and sale of real estate are such that sometimes the first of them is preferable, and in other cases the second. This will depend mainly on the degree of relationship. For close relatives, donation is preferable, and for distant relatives and generally everyone else, buying and selling is preferable. Of course, this does not mean that, in order to save on taxes, you should simply take it and register the sale as a gift, or vice versa - this is not encouraged by law.

Donation

If an apartment is transferred from one close relative to another under a gift agreement, then the recipient is not required to pay personal income tax - this is stated in Article 217 of the Tax Code. This applies specifically to close relatives, but if an apartment is given to a relative who is not included in the category of close relatives, he will still have to pay a tax of 13% of the value of the property, since he actually received income - after all, the donated apartment can be sold and received money for it. The gift tax was introduced to avoid widespread fictitious donations, when an apartment is actually sold, but is formally considered a gift - that is why you can give an apartment without paying tax only to a close relative.

The donor will not be subject to taxation, regardless of the degree of relationship, since the transaction is gratuitous and does not bring him any benefits.

Purchase and sale

If, despite the close relationship, the transfer of rights to the apartment is accompanied by a monetary payment, that is, a full sale of the apartment is carried out, then the tax is levied regardless of the degree of relationship, but on the part of the seller. Indeed, in this case, the transaction is paid, and it is the seller who receives the profit from it.

In addition, the standard requirements of the law are applied to the transaction so that it is not possible to evade taxes by understating the cost of the apartment; if the price is much lower than the cadastral price, then a provision is applied according to which the transaction is taxed at 70% of the cadastral value of the housing. Moreover, the specifics of transactions between relatives can also interfere here, for example, real estate is sold much cheaper due to family ties.

Let us illustrate this with an example: if a citizen sold an apartment to his nephew for 1,200,000 rubles, although its cadastral value is 2,300,000 rubles, then the tax base will be 70% of the second amount, that is, 1,610,000 rubles. - he will have to pay 13% of them, that is, 209,300 rubles.

But there are also some subtleties here: personal income tax does not always have to be paid when selling, but only if the seller owned it for less than five years, and in some cases three years.

The second important point is the opportunity to take advantage of a tax deduction in the amount of 1,000,000 rubles. Thus, in the example under consideration, the tax base will decrease from 1,610,000 to 610,000 rubles, and the amount charged to the budget will be up to 79,300. However, if the transaction is concluded with a close relative, the opportunity to take advantage of the deduction is not available.

Third: instead of a deduction, it is allowed to subtract the amount of expenses for the purchase of housing prior to the sale, if they are confirmed by documents. This can be much more effective than a deduction, because it may turn out that you don’t even need to pay tax at all (if there is no profit on the transaction, since the apartment is sold for an amount not exceeding the cost of its purchase). In addition to the costs of purchasing housing, you can also count everything associated with it, for example, for processing the transaction, and if it was built by the seller, for construction.

Thus, if the transaction is not between close relatives, then purchase and sale is usually preferable, since it provides several options for reducing tax.

How to transfer property to mother

In addition, the person selling the apartment will have to pay tax on the income received, and the buyer, on the contrary, may qualify for tax benefits.

Attention

Exchange. At the same time, authors must be aware that their messages will be available to an indefinite number of people on the Internet for an indefinite period of time.

Legal club "Intelligence and Law" - a forum of lawyers, free legal advice from a lawyer, attorney, patent attorney, How to re-register an apartment in the name of your son? After some thought, you, as a caring father or mother, decided to transfer your home to your son? This topic is one way or another of concern to any parent who has decided to transfer their property to their child.

However, this will give rise to disputes on the part of the tax authorities, so the majority prefers to avoid such actions,” notes Vladimir Sparak, Deputy General Director of the ARIN Academy of Sciences. Lawyers note that a gift agreement is the least contestable document. Cancellation of a gift to close relatives is extremely rare.

Among other things, a gift agreement requires a minimum number of documents (you don’t even need an extract from your personal account and a deed of transfer).

The transaction can be concluded in simple written form. In this case, the recipient can immediately move into the apartment or sell it - there is no need to wait six months, as in the case of registration of an inheritance or the death of the owner during the will.

This is very good for the person to whom the “gift” is intended, but not always for the giver himself.

After signing the donation agreement, the object will belong exclusively to the person who accepted the gift. We transfer the apartment to a brother/sister. Siblings are close relatives, so here too it is most convenient to use the donation method. In addition, purchase and sale can be used.

When concluding a purchase and sale agreement between close relatives, direct transfer of money is not at all necessary. But persons purchasing an apartment for housing have the right to tax breaks (do not forget that persons selling real estate must pay income tax in the amount of 13%).

When purchasing real estate, the only difference in the set of documents is the presence of a purchase and sale agreement.

There are several other ways in which you can transfer real estate to other people.

This is rent and security. A rent agreement implies the re-registration of rights to housing subject to the payment of a certain amount of money at regular intervals (usually monthly).

The second option, when using this type of agreement is quite profitable, is buying a room or a share in an apartment,” the expert believes.

In general, a gift agreement has a number of undeniable advantages even over a will.

The advantages of donation include, first of all, the level of taxation and the cost of registration, which is lower in comparison with the inheritance procedure.

In the case of close relatives, the law does not provide for personal income tax and the tax on property transferred by gift is abolished.

You only need to pay a state fee for state registration of rights to real estate and for registration of a gift agreement.

Distant relatives and unrelated persons pay personal income tax - 13% of the income received.

“Theoretically, the price of a gift is set by the donor, who can indicate any amount, for example one ruble.

For reference: If the donor and the donee are family members or close relatives, then income in kind received by the donee is not subject to personal income tax (clause 18.1 of article 217 of the Tax Code of the Russian Federation).

At the same time, the donee has the right not to file a tax return in form 3-NDFL if he does not have other income that is subject to declaration (clause 1 of article 229, clause 7 of clause 1 of article 228 of the Tax Code of the Russian Federation; Letter of the Federal Tax Service of Russia dated 06/05/2012 N ED-3-3/).

We suggest you read: Exchange of apartment by inheritance

Having become the owner of a property, the donee becomes a payer of property tax for individuals (Art. Art.

The house is an inheritance from my mother's parents and uncle (mother's brother). 2/3 of the inheritance belongs to me (a gift from my mother), 1/3 to my uncle.

It is extremely difficult to separate a house and a plot due to the complexity of the buildings and the location of the plot. My uncle was previously married with children and was divorced for twenty years. Being disabled I paid the elements.

A year ago I re-signed with the same woman. Who lives to this day.

That is, everyone has “their own path”, prescribed in the “heavenly office”, which does not really take into account your personal goals and desires... and no matter how hard we try, no matter how much we want - if it is not written “there” - then this will not happen... and all the good and bad “accidents” that happen to us are also planned...

There is also an opinion that fate is an excuse for weaklings: that is, if everything is predetermined, then there is no point in taking any actions, but you can wait for all events, sitting in a chair and doing nothing - everything will come true anyway... by acting according to the saying: “my fate will find me under the bench.”

If you have a lot of records that need to be digitized, you will have to pay a large amount for it.

But why spend money when you can learn how to burn a video tape to disc for free?

1. Computer with Windows operating system.

Not only that, you should know that it must meet certain requirements. A regular office computer won't do the job you need to do.

Further

1 answer. Moscow Viewed 177 times. Asked 2012-01-14 13:06:44 0400 in the topic “Other questions” They gave away the house and documents for analysis for 500 UAH. There is no water or electricity on the site and as inexpensively as possible they could rewrite it to - They gave away the house and documents for analysis for 500 UAH. There is no water or electricity on the site and it is possible to rewrite it as inexpensively as possible. Further

1 answer. Moscow Viewed 63 times. Asked 2012-05-12 12:29:03 0400 in the topic “Real Estate” Hello! Question about renting a plot of land in a dacha community.

We want to rewrite by mutual consent. Thanks in advance.

2. Since the subject of the donation agreement is real estate, its characteristics indicated in the explanation and floor plan of the BTI should be described: area, number of rooms, floor, address, cadastral and inventory numbers, and so on.

Alexander Viktorovich, it would be better and easier to draw up a gift deed. You are close relatives, which means you will not have any tax obligations on this transaction.

I don’t quite understand – whose brother died exactly?

Did this brother have an ownership interest in the house? Good evening. My brother died. He and I were heirs to our parents’ house. No, neither he nor I have a share in the ownership.

Inheritance occurs by law and by will. A will is a legally significant document in which a person, while alive, indicates what property he owns and who will receive it after his death.

A will takes precedence over legal inheritance.

But there are exceptions when property is not always inherited in the shares indicated by the deceased. You must begin registering your husband’s inheritance within 6 months from the date of his death.

There are often situations when they want to register an apartment or a residential building in the name of a relative - a grandmother for her grandson, a mother for her daughter, etc.

What's the best way to do this? After all, there are several options: the apartment can be “sold”, it can be donated, or it can be bequeathed. Each option has its pros and cons.

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Hello and thank you in advance for your assistance.

I need to re-register the house 100% to my wife.

I don’t know how this is done and what documents are needed.

The dacha land was bought in my name during marriage. The house was built in marriage, registered in the registry office according to the declaration in my name as a residential building, residential purpose.

Later, a BTI registration certificate was made and the house was re-registered with updated dimensions.

Now the wife needs to have property in her name (for a loan).

Re-register the dacha

The word “dacha” can mean both a house and a plot of land, or perhaps both. Over the years, legislation has allowed different ways of processing documents.

In 1992, land privatization began. Before this date, it was possible to transfer buildings from one person to another during their lifetime or by inheritance.

Now there are many court decisions recognizing ownership rights to non-residential houses, buildings, and land plots.

Shared ownership implies the presence of two or more owners of a residential premises. Real estate can be in common shared ownership (without allocation of shares), or in equal or unequal shares.

Most often this happens when ownership of a home is transferred by inheritance.

In this article we will talk about ways to re-register shares in an apartment and how to avoid mistakes.

Your mother needs to go to a notary's office and register an inheritance. After completing the documents, the notary will issue a certificate of inheritance rights and an Extract from the Ukrainian State Register on registration of property rights.

These will be the title documents for the house. Then your mother can privatize the land plot under the house and receive a certificate of ownership of the land.

Hello! Can you please tell me what is needed to redecorate the house?

The situation is this: the house was registered in the name of my grandmother in 2000 (certificate about the right to power), my mother and I are registered in it.

The concept of close relatives

Since the law singles out close relatives for donations, and transactions with everyone else take place according to the usual rules, it is worth clarifying which of the relatives in this case will be considered close.

This:

• spouses;
• child (son and daughter);
• parents;
• sisters and brothers, including half-siblings;
• grandparents;
• grandchildren.

This is where the list ends - cousins ​​and brothers, nephews and others will no longer be classified as close relatives, which means that when donating real estate they will have to pay tax.

When receiving real estate as a gift from a close relative, you may receive a letter from the tax office regarding the payment of personal income tax for it. Then you should contact her with documents confirming the relationship, after which you will receive an exemption from payment. Sometimes the tax office may assume that the sale of real estate is registered as a gift, then you will have to confirm the gratuitous nature of the transaction.

Ways to re-register an apartment for your daughter

There are the following ways to re-register an apartment to a relative:

1. Selling an apartment
2. Registration of donation
3. Will

Selling an apartment

The easiest and fastest method of re-registration of real estate. The sale of an apartment cannot be completed only if incapacitated, minor persons are registered in it. Otherwise, there are no obstacles to the purchase and sale agreement.

Buying and selling process

1. Preparation of the necessary package of documents to complete the sale. This stage is the longest and most painstaking. Afterwards, the seller gets in line with Rosreestr to register the transfer of ownership.
2. Drawing up a purchase and sale agreement. Signing the transfer and acceptance certificate of real estate.
3. Cash payments, state registration of ownership and transfer of keys to the new owner.

Nuances of real estate re-registration

When completing a transaction between relatives, a situation often arises when an apartment is transferred, but no funds are received. For example, a mother can re-register a living space in favor of one of her children, but in fact they will not pay her anything. This situation does not comply with current legislation, but is common nowadays. Therefore, an important condition when drawing up a contract is the mandatory indication of the transaction amount. The document is registered in the State Chamber, which is obliged to inform the tax office about the completion of the purchase and sale transaction. A seller who has completed a transaction worth more than RUR 1 million. rub. and who has owned real estate for less than 3 years, should be aware that real estate taxation in this case will be 13%.

Often, enterprising people, in order to avoid additional expenses, underestimate the real cost of an apartment or house. And the contract contains a figure not exceeding the above threshold. But everyone should remember that the tax office can check the accuracy of the information submitted. And if, as a result of the audit, it turns out that the specified cost deviates by 20 percent in the direction of its increase or decrease, then the seller will need to pay additional tax, as well as a penalty. Such “risky” transactions, where there is actually no transfer of funds into the hands of the seller, are now carefully monitored.

The second point is that persons who are in interdependent relationships will not be able to receive a property tax deduction. These include:

1. People who are officially married.
2. Adoptive parent and adopted child.
3. Trustee.
4. A person who is subordinate in his position to another person.

If the son or daughter in whose favor the property is registered are married, then their other half becomes a co-owner of the living space. Upon divorce, the spouse of the person in whose favor the re-registration is being carried out may claim part of the property, since he has a share in the apartment. This can be avoided by first indicating in the marriage contract the fate of this house or apartment after the divorce. Sometimes, after the transaction, an agreement on the division of property is drawn up.

To sell real estate, you must provide a notarized permission from your spouse to conduct the transaction. This procedure also applies to couples who are already divorced. In the event of his death, a death certificate must be added to the package of documents.

When re-registering an apartment to his son, the father has the right not to be discharged, but to continue to live in this territory. But the second party - the son, according to Article 292 of the Civil Code of the Russian Federation, can sell the living space without obtaining the consent of the father. This situation is quite unpleasant and can create inconvenience for the older generation.

Donation of property

Donation refers to gratuitous unilateral transactions. To complete this transaction, the consent of all parties involved will be required. The agreement can be drawn up by the donor himself or together with a notary. The donation must be certified by a notary office.

Donation procedure

1. Drawing up the text of the contract. It is necessary to provide accurate information about the donor and recipient, as well as describe in detail the subject of the donation. At the end, the signatures of both parties and the date of signing the paper are affixed.
2. Registration of the agreement at the registration chamber or MFC. When registering, you must provide the required package of documents.
3. An employee of Rosreestr or the MFC draws up an application, which the parties read and confirm with signatures. The parties are also required to pay a state fee. Its cost is about 2000 rubles.

What you need to know about real estate registered as a gift

The owner of the property becomes the sole relative for whom the document is issued. Even if a married couple divorces, where one of them received an apartment as a gift, it is not subject to division. But according to Article 37 of the Family Code of the Russian Federation, if the spouse proves that he actively participated in the repair and restoration of real estate and thereby increased its value, then he can claim a part of it.

The donor does not pay any fees because he did not receive any income from the transaction. But with the second party, everything is more complicated - in a transaction executed between distant relatives, you will need to pay a gift tax. Otherwise, when spouses, parents, children, adopted children, and grandchildren take part, they are exempt from any additional expenses, according to subsection. 18.1. clause 1 art. 217 Tax Code of the Russian Federation.

If the property belongs to a married couple, then the spouse must give appropriate permission. With its help, the second owner of the property alienates the living space acquired jointly during the marriage and makes it possible to register a gift to another person.

It is difficult to cancel a deed of gift, and in some cases it is even impossible (when the recipient himself does not renounce the real estate).

Housing will

A will is a transaction involving the gratuitous transfer of property after a person’s death. It must be certified by a notary, or it will be declared invalid. The execution of the will must be recorded, if possible, by the notary who certified the will.

Process

The process of making a will is simple and does not require special preparation.

At the first meeting with the notary, the testator only needs to bring his passport with him. The testator negotiates with the notary the specifics of the will, and also talks in detail about the object of the testamentary disposition. The more carefully the characteristics of the property are specified in the will, the higher the likelihood that the document will not be annulled.

Good to know! During the second meeting, the completed text of the will is drawn up. At least 2 witnesses must be present when signing the document. This condition is necessary so that later it is impossible to challenge the state of health of the testator and external pressure on him from the outside.

Peculiarities

There is a possibility that other relatives who have an obligatory share in the inheritance may lay claim to the property. These include disabled minor children, spouses, and parents. In this case, you can register the apartment under a purchase and sale transaction or as a gift.

It must be remembered that the testator can revoke his will at any time without giving a reason.

When drawing up a will, a testamentary refusal may be issued. For example, an heir receives ownership of a house or apartment, but on the condition that another person will live in the same living space during his life or the period specified in the will.

When selling real estate, the second person (legatee) will be able to live in this living space. Eviction of such a person is possible only with his voluntary consent.

If there are minor children, the testator is obliged to indicate them in the document.

Realtors and lawyers prefer not to work with apartments that have been inherited. This is explained by the fact that other heirs who suddenly arise may lay claim to such real estate.

Transfer the Apartment to the Child During Divorce

The spouse, whose notarized consent to carry out the specified transaction was not received, has the right to demand that the transaction be declared invalid in court within a year from the day when he learned or should have learned about the completion of this transaction.​

Is it possible to transfer a share in an apartment to a child during a divorce?

The wife does not make contact. Lawyers say that you can file for division of children, but in my situation I won’t win anything. My wife moved the children to a kindergarten where there is no psychologist or speech therapist, where the children are shown cartoons and there is no preparation for school, but they went to me if I transfer the apartment to the children after a divorce, the best kindergarten in the city.

Thus, managing partner Dmitry Chernokaltsev shared an instructive story. Spouses can simply lose their share of jointly acquired property by simply getting a “wrong” divorce. This, of course, seemed unfair to the husband. Registration completed successfully! Please follow the link from the email sent to.

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Documentation

In most cases you need:

1. Passports of the parties to the transaction.
2. Legal documents.
3. Consent of the guardianship and trusteeship authorities, if the owner of the property is a minor.
4. Technical and cadastral passport.
5. Legal documents.
6. An extract from the Unified State Register indicating the absence of encumbrances.
7. Help in form No. 9.
8. Documents confirming the family ties of the parties to the transaction.

Particular attention should be paid to the preparation of cadastral extracts and documents requiring notarization.

Extracts from the cadastral register

If the cadastral passport was issued less than 5 years ago, then it is enough to make copies and attach them to the original. If the document has expired, the information must be updated in the BTI.

The bureau specialist will conduct an examination of the apartment and issue a new cadastral passport.

The procedure takes 10–15 days.

Notary

In some situations, a number of documents required for a transaction for the alienation of living space must be notarized. This requirement is also relevant in the case of shared ownership, when other owners must sign an agreement (in accordance with Article 244 of the Civil Code of the Russian Federation).

If the owner is in a registered marriage, then in accordance with Article 34 of the RF IC, the spouse of the apartment owner must issue a notarized certified consent to the transaction.

Procedure

To change the owner you must:

1. Preparation of documentation. Documents stored by the owner are retrieved, missing papers are ordered (consent of the spouse, permission from the guardianship authorities, cadastral passport for the apartment, etc.).
2. An agreement or other legal act is drawn up on the basis of which the ownership of the housing will be transferred.
3. If necessary, the executed agreement is notarized.
4. After the documents are signed, the agreement must be transferred to Rosreestr or registered through the MFC. The procedure lasts on average 7–10 working days , after which the new owner receives an extract from the Unified State Register of Real Estate with a record of the registered transfer of rights.

Housing for a child

• Certificate of ownership of real estate;
• If there are several owners, notarized consent of all owners;
• An extract from the house register (needed to confirm that no one is currently registered in the apartment);
• Personal account statement;
• Certificate from the BTI;
• A copy of the cadastral passport.

After receiving the documents, the state fee is paid, and the package is transferred to the registration authority for registration of real estate. After a certain time (usually 30 days), the guardians receive a certificate of ownership. In the document, the subject of law will be the child.

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Registration of donation

There are no problems when transferring real estate between close relatives; no tax will be charged when concluding a gift agreement. This means that this option is preferable, for the implementation of which you will need to formalize and conclude an agreement in accordance with the rules, collect all the necessary documents, and then register the transfer of rights in Rosreestr.

Conclusion of an agreement

First of all, the donor must free the apartment from any encumbrances and pay off all debts, after which the contract itself is drawn up. It can be either real or consensual. If in the first case the apartment is simply transferred to the new owner, then in the second this transfer is provided for in the future. This must be a clearly defined point and, since the gift agreement is not identical to the will, the death of the donor cannot be specified as a condition for the transfer of the gift.

The contract must contain the following information:

• Name and number.
• Full name and passport details of the parties to the transaction.
• Essential conditions – the subject of the donation, and its description, drawn up in accordance with the documents and detailed; The floor on which the apartment is located, its area, and the number of rooms must be indicated.
• Additional conditions, such as the deadline for transferring the gift, the right to cancel it, and others.
• Random conditions.
• List of attached documents.
• Date and place of conclusion, signatures of the parties.

There are certain rules for drawing up a contract that it must comply with: for example, the text should not contain errors, omitted punctuation marks, or corrections. If it is not completed correctly, it will be returned for correction. A drafting sample is attached to the article. Certification is required if the transaction affects the rights of minors, incapacitated or partially capable persons. In other cases, notarization is not required, but if there is a risk of challenging the transaction in the future, then it is advisable.

The parties to the contract are subject to certain requirements:

• age - the donor must be an adult, and if the recipient is under 14 years old, the agreement is signed for him by his parents or guardians;
• legal capacity – if a person is incapacitated, he cannot sign an agreement, this right is vested in the representatives of this person; if the citizen was intoxicated at the time the transaction was concluded, it may be declared invalid;
• good will - both parties must agree to carry out the transaction, and do it not under the influence of threats or deception.

Collection of documents

To formalize the transfer of rights to real estate on the basis of an agreement, you will need:

• the contract itself;
• statements of the parties on state registration;
• passports of the parties;
• tax registration certificate;
• cadastral or technical passport;
• confirmation of the donor's property rights;
• BTI certificate about the cost;
• certificate of no debt;
• certificate of absence of encumbrances;
• an extract from the house register about those registered in the apartment;
• certificates of legal capacity of the parties to the transaction;
• fee payment receipt;
• power of attorney when issued through a representative;
• if the donor has a spouse, his consent to the transaction.

Price

If the property is re-registered to a close relative of the owner, the parties are exempt from paying income tax.

Information: The obligation to pay the state fee for registering a transaction in Rosreestr remains, and its amount is 2,000 rubles.

If there was a transaction for the purchase and sale of housing, the seller retains the obligation to pay personal income tax on the balance exceeding 1 million rubles. This rule is valid if at the time of the transaction the apartment has been owned by the seller for less than 5 years.

Drawing up a will will cost the testator 100 rubles, however, the state duty that the heir will need to pay after entering into the inheritance will be much more. Its size directly depends on family ties:

• 0.3% if the testator is a first-degree relative;
• 0.6% for other family ties.

Drawing up a rental agreement costs 2 thousand rubles, to which you also need to add the cost of documents drawn up by a notary.

Without payment

There are 2 ways to avoid paying taxes:

1. Having drawn up a gift agreement several times, in case of re-registration of an apartment in the name of relatives who are not among the close ones.
   For example, if an uncle expresses a desire to give real estate to his nephew, then in order to avoid paying income tax, he will need to issue a deed of gift twice, for his brother, and then directly for his nephew.
2. By signing a fictitious purchase and sale agreement. You will not have to pay tax if the property has been owned for more than 5 years.

When should you transfer?

Only close relatives - parents, children, spouses, brothers, sisters - receive exemption from income tax (according to clause 18.1 of Article 217 of the Tax Code of the Russian Federation). In all other cases, personal income tax is paid in accordance with the general provisions of the Tax Code of the Russian Federation.

The debtor transferred the property

The court has the right to seize property held by third parties. In addition, no one has repealed Art. 312 of the Criminal Code of the Russian Federation “Illegal actions in relation to property subject to inventory or seizure or subject to confiscation.” However, under this article, it is possible to confiscate from third parties things transferred after they were “involved in the case.”

For the first time, such intentions were announced last Friday by the deputy director of the FSSP, Artur Parfenchikov. “Many debtors drive expensive cars, have their own profitable business, and at the same time, according to the documents, they do not have either funds or real estate, which, as a rule, is transferred to close relatives,” Parfenchikov said at the seminar, during which Russian bailiffs exchanged experience with Finnish colleagues.

16 Apr 2020 stopurist 371

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