Relinquishment of ownership of an apartment

Relinquishment Laws

The grounds for the emergence, transfer or termination of property rights are regulated by the Civil Code of the Russian Federation. Special conditions for renunciation of ownership rights, including real estate, are specified in Art. 236 of the Civil Code of the Russian Federation.

This procedure is characterized by the following features:

Important!

Art. 236 of the Civil Code of the Russian Federation provides that even taking actions to renounce property will not entail legal consequences until another person acquires rights to the property.

In addition, in Art. 235 of the Civil Code of the Russian Federation establishes other options for termination of ownership rights, which can be used along with direct refusal:

• alienation of real estate to third parties under paid or gratuitous transactions;
• destruction of real estate;
• loss of property rights due to legal requirements.

Why do people give up their rights to real estate and other property{q}

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If it so happens that you received real estate of some kind, and you do not need it, then you can refuse it. There are several effective ways to carry out this procedure.

Instructions

If you inherited a share in a privatized apartment, you will have to share ownership of the living space equally with other heirs. You need to renounce the inherited property using a share purchase and sale agreement or an agreement according to which you give your share to one of the other heirs of the apartment.

To draw up such a conclusion, you will need a number of documents, in particular, papers that confirm your right to inherit property. In addition, you cannot do without a notary’s permission to conduct a transaction, documents of all shareholders, your refusal of living space documented by a notary, etc.

You will need to call a specialist from the BTI who will inspect the living space and, based on it, issue a new registration certificate for the apartment. Only after this you, together with the person to whom you are transferring your share, will be able to draw up the necessary agreement. And finally, you will need to formalize the transaction at the real estate registration center, after which the heir to your share will be able to assume his rights.

It will be much easier if the apartment is not privatized. In this case, you just need to contact a lawyer and formalize a refusal to participate in the privatization of living space.

If you have submitted an application for inheritance of property, but a certificate confirming this fact has not yet been created, then you can, without the participation of other heirs, formalize a waiver of the share of the apartment to someone else.

You can do it even simpler - simply not declare your rights. According to existing legislation, you have the right to designate yourself as an heir within six months. If you choose not to do this, the property that passes to you will automatically be divided among other heirs.

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Basic principles of non-ownership

This problem is regulated by Article 236 of the Civil Code of the Russian Federation; it, in fact, is an innovation for Russian legislation, despite the fact that the abandonment of property has been carried out before. According to this article, the owner has every right to voluntarily give up property by publicly announcing it or taking real actions that indicate his intentions.

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There must be an understanding that before acquiring ownership of real estate or land, which has already been abandoned by the previous owner, the person wishing to do so does not yet receive ownership rights. That is, the previous owner must pay taxes for some time, be responsible for damage caused to the property, and maintain it. And only when the new owner assumes his legal rights, these responsibilities are removed from the previous owner.

Having studied Article 236 in detail, you can understand the following principles. The circle of subjects who can renounce property is limited. These may be citizens of the Russian Federation or legal entities. Subjects of the Federation, municipalities and the Russian Federation cannot exercise the right of refusal.

You must relinquish property by declaring your intentions to the authority that registers the objects you want to relinquish. But there is another option. It is factual. The article requires that the actions clearly indicate a refusal.

The refusal itself, which we are talking about now, is not a legal fact that entails the termination of property rights and obligations. This means that a person who has renounced his property at any time can return his renunciation and re-enter the right to own it. The second part of Article 236 of the Civil Code of the Russian Federation tells us in this way that the legal consequences are associated not with the act of abandonment of property, but with the act of acquisition. That is, you lose ownership of a particular object only after the acquisition of the same rights by another citizen or legal entity.

The case when it comes to a plot of land

How to give up is the second question; the first question is always the one that answers the reason why the owner wants to give up the property. Take, for example, the case of a plot of land. After refusal, it becomes ownerless and is registered with the state. Only here is the possibility that if no one claims ownership of this land plot within a year, the land committee will sue and it will be recognized as municipal property.

As a result of the points described above, it becomes clear that the question of how to give up property is quite difficult to solve, and the best solution would be to donate, sell or exchange it. According to the Law “On State Duty”, no state duty is charged during the donation procedure. You can safely draw up an agreement on the donation of a land plot between yourself and the district administration or the District Committee for Land Management.

• apartment;
• house;
• land allotment;
• garage;
• car, etc.

The owner can give up this property at his own request or by force. The key reasons for this action can be considered:

1. Alienation.

This implies the termination of ownership and the transfer of the object into the ownership of another person. This transition occurs as a result of sale, exchange or gift. The transfer under a contract of sale, exchange or gift is regulated by civil law and occurs according to certain rules. Occurs after the conclusion of the relevant agreement, which is signed by the two parties involved in the transaction.

1. Deprivatization.

One of the main grounds for termination of rights to movable or immovable property is deprivatization. It represents the alienation of property and its transfer in favor of the state. It can affect both individual property objects, entire enterprises, and various complexes.

1. Loss or damage to property.

The loss of property usually means situations when, after a flood, fire or other natural disaster, as well as after the actions of third parties, the property ceased to exist or became completely unusable. In order to protect yourself from such situations, you need to insure your property.

1. Forced seizure.

These reasons are the most relevant. The owner may be forcibly deprived of rights to property as a result of failure to fulfill obligations under contractual relations. For example, as a result of late payments on a loan. Of course, after several delays, the bank will not take the property from the client.

To do this, certain circumstances must occur, which must be specified in the loan agreement between the financial organization and the person being credited. Seizure of property occurs after a court decision by bailiffs or other employees of government bodies, whose actions are regulated by current legislation.

At the same time, paragraph 2 of Art. 43 of the Land Code actually duplicates the general provisions of the Civil Code. Thus, this article indicates that the refusal in itself to exercise any rights in relation to land does not entail the termination of obligations associated with the ownership, use and disposal of it.

To refuse, it is necessary to perform certain legally significant actions. The question of how to renounce ownership of a land plot is settled in more detail in paragraph 2 of Art. 53 ZK. Thus, to terminate property rights, it is enough to submit an application to the Rosreestr authorities. From the moment a record of registration of refusal is made, the ownership of land of an individual or organization is considered terminated.

Since a dacha plot is also a separate plot of land, refusal to own it is subject to general rules. The procedure for relinquishing a dacha plot of property is regulated by clause 2 of Art. 53 NK.

Land legislation (clause 1.1 of Article 19 of the Land Code) establishes a general rule according to which all plots of land, the rights of the owner of which were renounced by the previous owners according to the established procedure, become municipal property.

Thus, from the date of registration of the abandonment of land by the registration service, it becomes the property of the settlement (urban or rural) or urban district within the boundaries of which the site is located. If the land is located in inter-settlement territories, then after refusal the municipal district becomes its owner.

The law established exceptions for cities of federal significance: Moscow, St. Petersburg and Sevastopol, which are recognized as separate subjects of the Russian Federation. So, in accordance with paragraph 3 of Art. 18 of the Land Code, the specified subjects of the Russian Federation become the owners of the land that was abandoned by the former owner, if the laws of these subjects do not secure municipal ownership of such plots. Accordingly, in this case, the ownership of the land plot is actually renounced in favor of the state.

Waiver Explained by Experts

The rule on renunciation of property rights has not yet found wide practical application, but experts are confident that with the development of market relations this issue will become increasingly relevant.

Renunciation of the right of ownership of owned property, according to the law, can only be made by an individual or legal entity.

This formulation implies that neither the Russian Federation, nor its constituent entities, nor municipalities have the opportunity to abandon the property on their balance sheet. In addition, from Art. 236 of the Civil Code it follows that, while retaining the right of ownership, the owner of an abandoned thing, before it passes into the ownership of other persons, has the right at any time, through his actions, to restore possession of the specified property.

On the form of refusal, freedom of speech and economic activity

However, legislators do not specify the form in which the owner will announce his refusal.
How should such an announcement be made: orally or in writing? If the latter, then it is not indicated whether it is necessary to publish an announcement of refusal in the media. It is also not determined whether such an announcement should be made before a specific government agency or subject of civil law. Because the announcement of refusal is addressed to an indefinite number of persons, the question inevitably arises: is it necessary to apply to it the rules on invitations to make offers and on public offers contained in Art. 437 Civil Code. Lawyers note that the renunciation of ownership of property by the owner through an announcement may lead to termination of ownership only in cases provided for by law. Otherwise, any announcement by the owner of his intentions regarding ownership will be governed by Art. 29 of the Constitution of the Russian Federation, which guarantees everyone freedom of speech. Accordingly, the owner is given the right to publicly announce his attitude towards property rights, set certain conditions, withdraw his announcement, etc.

In addition, it must be taken into account that Article 34 of the Constitution guarantees everyone the right to freely use their own property for commercial activities. Therefore, the law may establish cases in which the owner’s use of freedom of speech for the purpose of announcing any decision regarding his property rights is considered the use of this property for business activities.

On establishing the fact of refusal and the possibility of its cancellation

There are two ways to renounce ownership rights: by declaring the renunciation and by performing other actions. The first is applied in relation to real estate and must be submitted to the body that carries out state registration of the relevant objects. This rule is enshrined in the “Regulations on the registration of ownerless real estate by justice institutions for state registration of rights to real estate and transactions with it,” approved by Government Resolution No. 580 of September 17, 2003. The owner is required to submit an application for refusal to the relevant local government body , which is determined by the location of the property. From the moment the application is submitted, the ownerless property regime is imposed on the object. However, the previous owner may:

• request a suspension of the procedure;
• take the property back into possession, use and disposal (by submitting an appropriate application to Rosreestr within a year from the date of registration of the property);
• declare no intention to renounce your property rights.

If the “refusenik” again takes possession, use and disposal of the property, the specified object is deregistered.
Actions performed within the second method relate to movable things and may be of a factual nature (for example, throwing away). Article 236 requires that they testify (and definitely, leaving no doubt or ambiguity) about the removal of a person from the possession, use and disposal of property. Those. all 3 of these categories are placed side by side, from which it follows that to establish the fact of refusal, it is not enough to remove the owner from only one or two of them. In addition, part 2 of Art. 236 establishes that the recorded act of refusal does not entail the termination of the rights and obligations of the owner, as the person who refused continues to be called, and does not change his position. Therefore, the “refusenik” can cancel this act at any time (in other words, refuse the refusal). By this legislative norm, legal consequences are associated not with the act of the owner of a thing renouncing the right of ownership, but with the subsequent act of acquiring this right by another person. It is from the last moment that the ownership right of the person who renounced the property is considered terminated.

Relinquishment of ownership of an apartment or a share in it, can this be done in favor of another person?

The property owner can choose the most appropriate option to relinquish rights to his property.
But he must actually (in writing with the certification of a notary) or publicly state his intention. If the question concerns the abandonment of ownership of real estate, then the registration authorities must be notified. This will continue until the new owner claims his rights to it and submits documents confirming ownership. Next, changes are made to the state register and the object is already registered with the new owner.

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Please note that after the refusal of ownership of an apartment or other property, he will retain the following options:

• suspend the procedure for renunciation of property rights (a corresponding application is drawn up to government agencies);
• accept back property that was previously renounced.

• confirm intentions to renounce ownership rights to property objects (by filing a claim for recognition as having renounced ownership rights).

After the relinquishment of ownership rights, the property is registered as unowned and, after an inspection, the former owner is given supporting documents. After 1 year, the object can be transferred to a new owner with registration of ownership rights. Now all rights to maintain this property are removed from the previous owner, and they are transferred to the new owner.

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1. Statement by the owner to waive rights to property.

2. Documents describing the object (for example, technical passport or cadastral plan). They must be signed by the registration authorities and have legal force.

3. Documents on the ownership of property.

4. A certificate stating that the property is not pledged.

5. Owner's passport.

After submitting all documents, the owner will receive a written decision stating that he is no longer the owner of the property. This indicates that he is relieved of all responsibilities for its maintenance and payment of various duties and fees for the ownership of this object.

The procedure for abandoning an apartment or house is similar to the procedure for abandoning a land plot. The rights to both an apartment and a house are registered with the Rosreestr authorities, and information about this is entered into the Unified State Register of Real Estate. Accordingly, the homeowner has the right to submit an application to the Rosreestr authorities to abandon the residential building or apartment. The procedure for drawing up such a statement is not regulated; accordingly, it is drawn up according to the rules we set out above.

Relinquishment of ownership of a share in an apartment is also permissible. The law also allows such a procedure as renunciation of property rights in favor of another person, but such a procedure is correctly called differently. If a citizen has decided to transfer ownership of his property to another citizen, he has the opportunity to do this by entering into a paid or gratuitous transaction. This could be a donation, purchase and sale, etc.

The answer to the question of how to renounce ownership of an apartment that has been privatized is contained in Art. 9.1 of the law “On the privatization of housing stock...” dated July 4, 1991 No. 1541-1. We are talking about residential premises previously privatized by citizens if they:

• are the only place of residence of the citizen who privatized the housing;
• belong to this citizen (or several persons) by right of ownership;
• free from the rights of other persons and other obligations.

If all criteria are met, a citizen has the right to renounce ownership of such housing. And the authorized executive body of state power or a municipal body is obliged to accept this housing into state or municipal ownership, respectively.

We can talk about either one owner who participated in privatization, or all co-owners if several people participated in privatization.

In conclusion, we note that:

• the right to renounce property is enshrined in the Civil Code of the Russian Federation and the Land Code of the Russian Federation;
• To abandon a plot of land, a house, or an apartment, it is enough to submit an application to Rosreestr;
• the right terminates from the moment the entry is made in the register, and the ownership of a municipality or city of federal significance is automatically registered;
• the application does not have an approved form;
• abandonment of land or housing is not subject to state duty;
• abandonment of previously privatized housing, including apartments, is possible only through so-called deprivatization, i.e., by transferring privatized housing back to state or municipal ownership.

Even more materials on the topic can be found in the “Property” section.

According to Article 235 of the Civil Code of the Russian Federation, the grounds for termination of ownership rights are:

• Alienation of real estate to any persons;
• Refusal of housing;
• Destruction of real estate;
• Loss of property rights according to law.

Civil Code of the Russian Federation Art. 236 states that refusal is carried out by announcing or taking actions that clearly confirm the person’s reluctance to dispose and use the property.

Voluntary renunciation indicates that the person has no claims to the property either now or in the future.

The law clearly prescribes that constituent entities of the Russian Federation and local municipalities cannot renounce property on their balance sheet. Accordingly, legal entities or individuals can formalize the renunciation.

The concept of deprivatization is the opposite action of housing privatization, that is, the annulment of ownership of housing and its return to the state. This process is regulated by the law of the Russian Federation, Art. 9.1.

Owners resort to deprivatization of apartments for various reasons. This may be a reluctance to fulfill housing obligations, infringement of rights in the case of several owners, and the desire to get a new apartment when the old one is scrapped.

A citizen who has lost the prerogative to housing through deprivatization retains a lifetime opportunity to use it.

To deprivatize, you will need to collect the following package of documents and submit it to local authorities.

• Declaration of relinquishment of property;
• Copy of the passport;
• Copy of personal account;
• Originals of title documents;
• Technical passport for housing;
• Certificates of absence of encumbrances;
• Extract from the house register;
• Receipt for payment of the fee.

After submitting a package of papers, the local administration draws up an agreement on the transfer of the apartment into city ownership and submits it to the owner for signing. The procedure takes 1 month.

After signing the documents, the new owner is obliged to provide the former owner with a rental agreement for this housing within 15 days.

There are so many restrictions on relinquishing real estate.

The apartment is owned by several citizens. Deprivatization is possible only if all owners renounce their housing. If one of the owners is a minor or disabled, then permission for the procedure from the guardianship authorities will be required (see Housing for a child).

The renunciation procedure is available only to the privatization participant. If the apartment was received by gift, inheritance or purchased, then the deprivatization process is impossible.

After deprivatization, it will not be possible to return ownership of housing. The possibility of privatization of any other real estate is also lost.

You can get rid of real estate by submitting an application to the local government body at the location of your home. As soon as the application is accepted, the FGSRKiK Department registers the object, and the apartment acquires the status of ownerless property.

Part 2 Art. 236 of the Civil Code indicates that the recorded statement does not relieve the rights and obligations of the former owner in relation to the housing.

This means that the owner can at any time suspend the abdication procedure and declare his intention to remain the owner.

All prerogatives and obligations in relation to real estate are removed from the owner not with a statement of deviation, but with a confirmed act of acquisition of this property by another person.

We suggest you read: What documents are needed to sell a private house or part of a house?

To register an object with Rosreestr the following is provided:

• Declaration of refusal;
• Copies of documents confirming the ownership of the former owner;
• Technical and cadastral passport of the apartment;
• Information about the former owner (passport details and place of residence).

Verification of documents by Rosreestr takes 30 days from the date of submission of the application, after which the refuser is provided

extract from the Unified State Register

on registration of ownerless real estate.

A year after the housing is registered, the transfer of ownership is registered by municipal authorities. From this moment on, the status of an ownerless object is removed from the apartment, and the former owner is released from liability and loses all privileges to the property.

Situations arise when the heir does not want to accept the property registered under the will and his prerogative is to write a renunciation of the apartment or share in it in favor of a certain person or without indicating such. In the latter case, the property is distributed among the remaining heirs according to their order.

For example, the will indicates three first-order heirs and each of them has the right to 1/3 of the property. If one of them rejects the inheritance, its part is divided equally between the remaining two.

Application options:

• Unconditional refusal - when a specific person accepting the inheritance is not indicated;
• For the benefit of another person.

Applications are written and certified in a notary office. It is possible to issue a power of attorney to carry out transactions for another person, but it is necessary to indicate in the power of attorney the right to submit a waiver of real estate.

The concept of giving up a share or an apartment as a whole

Abandonment of property means the cessation of any activities with the property.

Article 236 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation) formulates the following conditions for such a procedure:

1. Any citizen whose right is officially registered can renounce an apartment (share in an apartment).
2. The owner must announce the removal from possession.
3. Refusal is voluntary.

Until the new owner acquires the property, all rights and obligations (for example, payment of utilities) remain with the original owner.

Legal grounds for refusal of share

The grounds for the emergence of shared ownership are determined by Article 244 of the Civil Code of the Russian Federation. The general reasons for termination of rights are established in Article 235 of the Civil Code of the Russian Federation.

Most often in practice the following types of relinquishment of a share in real estate are encountered:

• when accepting an inheritance;
• when privatizing an apartment;
• when signing a purchase and sale agreement;
• when drawing up a deed of gift.

The procedure for registering a waiver of part of an apartment depends on the chosen option.

Relinquishment of a share in an apartment by alienation: how to formalize it correctly

Giving up a share by alienating it means transferring ownership rights to your part in the apartment to another owner or owners.

When can you renounce a share in favor of a specific person?

By renouncing his share, a citizen may, in some cases, transfer the property to a specific person.

Thus, transfer of a share to a certain person is possible:

• under a gift agreement;
• upon refusal of inheritance.

Without the right to indicate a specific person, refusal occurs when:

• refusal of privatization;
• sale of shares.

In relation to sale, the issue of identifying a person is controversial for the following reasons.

Selling a share in an apartment

The most typical transaction for the alienation of part of an apartment is its sale.

Since an apartment in shared ownership is a residential property where several users live, in order to protect their interests, the Civil Code establishes the mandatory conditions of this transaction.

According to Article 250 of the Civil Code, all other apartment owners have an advantage when purchasing a share over outside applicants. This means that the owner must first look for a buyer of his share among other owners of shares in this apartment, notifying them of his intention.

Written notification to other owners about the sale of a share in the apartment protects the seller from litigation in the future

Other residents must be informed according to the following rules:

• the message must be in writing;
• You must indicate the current price and conditions.

It should be noted that if the seller, in order to get a waiver from the transaction, deliberately inflates the price of the property and then sells it to an outside buyer at a lower price, such a transaction may be challenged by persons who have a preemptive right to this part.

The seller must wait one month before offering the share to other buyers. However, after a month, no confirmation of the refusal of other apartment owners is required. True, the seller must make sure to timely and accurately inform the co-owners of his intention and take care of documentary evidence of this fact. Otherwise, the transaction with an outside buyer may be contested.

The complete transaction procedure is carried out according to the following scheme:

1. Notifying other owners of the sale.
2. Drawing up a purchase and sale agreement. If there are no interested parties among other participants in the ownership of the apartment, an agreement can be drawn up no earlier than in a month. If the owners show their intention to buy out the share or inform them in writing of their refusal, then the transaction can be completed earlier.

   The contract must describe in detail the subject of the transaction, the amount and terms of payment

3. Going to a notary to certify the alienation.
4. Submission of documents to Rosreestr for registration of rights.

Video: about the rules for selling a share in an apartment

The procedure for registering a share as a gift

Another legal way to give up your share is to donate it, that is, transfer it into ownership to another person free of charge.

In order to donate your share to another person, you must perform a number of sequential actions:

1. Draw up a gift agreement according to the rules of Article 574 of the Civil Code of the Russian Federation. The document must indicate the object of donation (share in the apartment) with a detailed description (cost, size), as well as information about the entire apartment (address, registration data).
2. Have the contract notarized.
3. Pay the fee and register the transfer of ownership in Rosreestr.

Financial costs are paid by default by the recipient.

The rule on the pre-emptive right of acquisition does not apply to a gift agreement.

Often this point is used when intending to sell a share to an outsider who is not related to the apartment. The deed of gift actually disguises the sale. That is, the share is legally formalized as a gift, and the transfer of money is carried out on the basis of an oral agreement. Such tricks are illegal and, if evidence is available, the contract can be canceled.

There is no need to obtain consent from other persons for the transaction. As an exception, mention should be made of the case of joint property of spouses.

Let's assume that one of the shares in the apartment is registered in the name of citizen Ivanov. Ivanov is married, but his wife’s name does not appear anywhere in relation to this apartment. If this share became the property of Ivanov after his marriage, then by law it belongs to him and his wife jointly, therefore, when dividing property, the spouse has the right to half of this share. It is assumed that all transactions with common property are made by mutual consent. If such consent has not been documented, then after the “nominal” owner has completed a transaction with the common property, the other spouse can challenge it and demand that the alienation be cancelled. And the loser will be the new owner. He will have to return the property. Taking this into account, a document on the consent of the other spouse, although not mandatory, is very desirable for the new owner (done or buyer).

Inheritance

Another circumstance that can lead to the acquisition of a share in an apartment is the receipt of an inheritance. The rules for entering into inheritance are provided for in a separate section 5 of the Civil Code.

You can receive a share in an inheritance either by will or by law.

It must be taken into account that when entering into an inheritance, you can not only become the happy owner of this or that property, but also take on material obligations, that is, debts and the necessary expenses for maintaining the property.

You must accept the inheritance no later than six months after its opening. At the same time, a citizen can refuse his share in the apartment and, within the same period, formalize a refusal of inheritance. In this case, it is worth remembering that refusal of part of the inheritance (only the share in the apartment) is impossible; you will have to refuse the inheritance in full.

In an application for refusal to accept by inheritance a share in an apartment for the purpose of transferring it to a specific person

Article 1158 of the Civil Code of the Russian Federation establishes that the share that a citizen renounces can pass either to a specific person among other heirs or be distributed equally between them.

You can refuse part of an apartment by way of inheritance without specifying the person in whose favor the refusal is being made

You can formalize the refusal by means of an application, presenting it personally to a notary or another person authorized to act on the opening of an inheritance. If visiting a notary seems problematic, for example, due to territorial remoteness, then you can use postal service or deliver the application to someone. It is important to notarize your signature on the refusal application.

If you, as an heir, intend to renounce your share in the apartment, keep in mind the following legal consequences of such refusal:

• refusal is a free expression of will that cannot be revoked. It will not be possible to return part of the apartment to ownership;
• If you renounce a share by way of inheritance, provided that you do not inherit other property besides this share, you are also released from any debts and obligations of the deceased.

Refusal of joint property

For such a refusal to acquire legal force, simply telling the former partner: “Take everything, I don’t need anything!” is not enough.

The decision must be documented. Otherwise, the renouncing spouse does not lose his rights to common property.

During the entire limitation period, he may change his mind and demand his share back. Therefore, you should not rely on oral agreements. A written document must be drawn up.

The renunciation of joint property must be formalized only on paper - spoken words are worth nothing.

How to formalize a refusal?

You can renounce your rights to common property both before the divorce and during the divorce process.

If conversations about this began during married life, the husband and wife can draw up a prenuptial agreement. It will make it possible to establish certain conditions for the disposal of property after a divorce, including the ownership right of one of the spouses to common property.

If one of the spouses wishes to renounce jointly acquired property during a divorce, then formalizing the refusal is very simple:

• draw up a voluntary agreement - such a document on the division of joint property has legal force and requires mandatory notarization;

• draw up a settlement agreement - the document is confirmed by the court during the divorce process. If the judge is sure that he does not violate the rights of the husband or wife, he will approve it with his ruling.

If a spouse who has renounced his claim to his share of the community property tries to avoid paying common debts in this way, this action will be considered illegal. Both property and debts are divided between husband and wife in a 50/50 ratio.

The renunciation of common property can be formalized voluntarily through a notary or through the court.

What property is not subject to division?

The law has a clear list of things that are not subject to division between spouses:

• property acquired by a husband or wife before marriage. It does not matter how it was received - purchased, gifted or inherited. In any case, such property is not divided;

• office and municipal real estate. The object of division cannot be service, municipal or departmental apartments, as well as housing under a commercial lease agreement. It does not belong to the spouses;

• items for personal use. These can be instruments (musical, construction, plumbing, etc.), clothing, shoes and other household items that each spouse uses individually;

• intellectual property. It is impossible to divide the exclusive right to the result of intellectual activity created by one of the spouses. In any case, such property belongs only to the author;

• indivisible and complex things. An indivisible thing is an object that you cannot use if you physically separate it. For example, a car. In this case, it remains with the person who uses it most often. The other spouse is paid 50% compensation;

• children's property. Property acquired by spouses for children or purchased in their name is not divided. For example, a computer or an apartment;

• property under a marriage contract. Property assigned to each of the spouses under a marriage contract is not subject to division.

Note!

Carefully review the list of items that cannot be divided. This will help you draft the quitclaim agreement correctly.

Receipt for waiver of claims to property

Giving up your share of property means that you transfer your property rights to your second spouse. This cannot be done through a receipt. Such a document is unilateral and has no legal force.

A receipt for abandonment of property has no legal force.

How to refuse a share{q}

In Russian legislation, the waiver of the right to own real estate is clearly regulated in the civil code, but in legal practice cases on this issue rarely arise.

In practice, renunciation of property rights is a written renunciation of various types of ownership of real estate; Article 235 of the Civil Code provides for the following grounds for termination:

1. Alienation – sale to other persons, conclusion of a deed of gift, exchange.
2. Voluntary renunciation – deprivatization, renunciation of inheritance or equity participation in the ownership of real estate.
3. Destruction of property for various reasons.
4. Loss of property rights in cases specified by law.

Procedure

The choice of option for terminating one’s rights to real estate remains entirely with the owner of the property, but the procedure is similar:

1. Drawing up a written statement.
2. Notarization by a notary or application to the registration authorities.
3. Subsequent application to Rosreestr to make changes regarding real estate.

Let's celebrate! If the owner waives his rights, there is one caveat - the entire procedure takes place within 1 year, during which the owner can change his decision and withdraw the application.

During this period, the owner retains the following options:

• Suspension or complete transformation of the procedure.
• Possibility to take the property back into your own hands.
• Confirm your intentions to refuse by filing a claim for legal recognition of yourself as a refusal.

Who has the right{q}

The law defines two categories of citizens who have the right to refuse property - legal entities and individuals. At the same time, municipal or state bodies, for obvious reasons, do not have this right.

The ownership rights of individuals and legal entities are similar - both categories can sell, exchange, donate property and lease it to other persons, as well as use it in other ways that do not contradict established legislation.

Note! By leasing real estate, according to the law, ownership rights do not depart from the owner, unless this is provided for by the agreed conditions in the contract.

Termination of the right to own property must be registered with Rosreestr, but the law defines one nuance - without transferring the rights to own real estate to another person or group of persons, it is impossible to carry out this procedure.

In what cases is refusal possible{q} Below are the main cases encountered in practice.

Registration of a deed of gift for another person is one of the common options. The reasons for carrying out this transaction can be extremely varied - gratuitous transfer of real estate to relatives, the presence of an empty, second, real estate, etc.

Refusal of inheritance

According to the law, every relative of a deceased person has the right to refuse the inheritance both in favor of another heir and without giving reasons. The corresponding statement is written by the notary conducting the inheritance case.

Common cases when an heir renounces his share:

1. In favor of a specific person, for example, in an oral agreement or in favor of a minor relative.
2. Personal reasons for refusal.
3. The downside is an unfairly drawn up will, as a result of which the potential testator refuses both part and all of the inheritance (willfully or under pressure).

If you do not want to receive a real estate inheritance, there is one caveat - if the potential heir is a minor and does not want to receive the inheritance, the consent of not only his representatives, but also the guardianship and trusteeship authorities will be required.

When a refusal of inheritance is formalized, the law provides for only one case when the procedure carried out is subject to cancellation or revision - evidence that the heir refused the heir for the following reasons:

1. Various pressures from others.
2. Incapacity of the person at the time of registration.
3. Deceptive or misleading acts by others.
4. Reconsideration is possible when other potential heirs have convinced those who refused to reconsider the decision.

A rather non-standard situation in legal practice is when a citizen carries out deprivatization of property that belongs to him, but also as provided for by the civil code.

The following cases are necessary for deprivatization:

1. Consent of all owners participating in the privatization procedure.
2. The transferred property is essentially the owner's only residence.
3. No encumbrance, such as collateral status or lien.

When this procedure is carried out, a social tenancy agreement is drawn up for the former owners; the reasons for refusal have no legal significance.

But there may be personal reasons for this:

• Lack of desire or ability to pay the costs of maintaining home property.
• If the house is dilapidated or in poor condition, there is a desire to participate in the relocation.
• It is impossible to resolve disputes between owners in any other way in the case of shared ownership.

Ownership gives a person greater opportunities to dispose of property. In addition to the fact that he can determine the further legal fate of the object, for example, give, sell, bequeath, he receives all the benefits from use. Depending on the type of property, its owner can receive both material benefits in the form of profit and intangible ones.

However, owning real estate means not only acquiring rights, but also accepting responsibility. The owner of an apartment, house or land must pay property taxes and maintain the property in satisfactory condition. This is often associated with large expenses that the owner is unable to bear.

https://www.youtube.com/watch{q}v=gXIKVPuv3Bg

Accepting a gift or inheritance can negatively affect the well-being of the person accepting the property, because debts are often inherited along with the property. In the case of a municipal apartment, the costs of major repairs and maintaining the proper condition of the house are borne by its owner, so residents often refuse privatization.

Another reason, besides financial difficulties, that may prompt you to abandon property is a personal agreement. For example, relatives came to an agreement among themselves which of them would receive the inheritance. If inheritance by law does not coincide with a personal agreement, then the inheritance can be refused.

Is it possible to write a waiver of inheritance{q} Yes, there is such a possibility, but it has its own characteristics. In order to refuse to accept inherited property, a citizen must write a statement of refusal in the presence of a notary, who will certify it with his signature.

You can only refuse in favor of a specific relative who:

• is in line according to the law;
• not deprived of the right to inherit by will.

We invite you to familiarize yourself with: Sample claim for division of property between spouses

It is prohibited to refuse part of the inheritance. The application is written for the entire share. An exception is the situation in which a person receives an inheritance both by will and by law as an applicant for an obligatory share. In this case, it is allowed to choose the part that will be most beneficial to the heir.

An adult citizen can sign a waiver of the right to inheritance; he is not required to indicate the reason for his action. A person under 18 years of age may sign this document only in the presence of legal representatives and with the permission of the guardianship and trusteeship authorities.

It is prohibited to refuse an inheritance if a person is the only heir. Also, the guardianship and trusteeship authorities will not allow waiver of the mandatory part in the case of minor citizens.

The process of registering state real estate as private property is called privatization. Citizens registered and living in municipal housing have the right to apply for the privatization of housing. This right is granted to every person once in a lifetime.

Is it possible to write a waiver of ownership of housing obtained as a result of privatization{q} Yes, there is such a possibility, and the procedure is called deprivatization. To issue a refusal, you will need to provide the following documents:

• Russian passport;
• personal account for living space;
• document on ownership of the apartment;
• technical documentation;
• an extract from the house register;
• document confirming the absence of encumbrance on the apartment;
• disclaimer of ownership.

Donation, inheritance, privatization are two-way processes in which one party offers to accept property, and the other can agree or refuse. A person is not obliged to accept as a gift or inheritance those objects that he does not need or will worsen his well-being. The right to refuse is regulated by the Civil Code of the Russian Federation. Let's consider how a citizen can exercise his right to refuse property.

These circumstances lead to the unambiguous conclusion that the registered ownership of a residential building, without a written refusal from the previous owner, can be transferred to the property of a person according to the rules of Art. 234 of the Civil Code of the Russian Federation is practically impossible. Moreover, this impossibility seems simply and unnecessary.

If a new owner is ready to move into a house or apartment that belongs to you, then why don’t you formalize a real estate donation transaction and provide the new owner with a completely legal basis for living in housing that turned out to be completely unnecessary for you. In passing, mention should be made of deprivatization - as a type of renunciation of property rights.

Attention Documents In order to formalize the abandonment of a land plot, the following documents may be required:

• a written statement regarding the issue of abandonment of the allotment;
• title documentation for the land plot;
• cadastral passport of the land, including a plan of the boundaries of the site;
• if there are buildings on the land plot - an extract from the BTI;
• applicant's passport copies of all completed pages;
• receipt for payment of state duty.

Each document must be submitted in the form of a copy, but upon submission it must be confirmed as an original. A sample cadastral passport for a land plot is here.

Refusal of a share in a privatized apartment

The law gives owners the right to transfer their share in the apartment to another person.

The most common reasons for abandoning real estate are:

• registration of an apartment for one of the family members;
• the opportunity to improve living conditions (for example, participation in one of the government programs);
• unwillingness to accept the responsibilities of the owner.

It will not be possible to dispose of a share in a privatized apartment if the apartment is seized (Federal Law No. 229-FZ “On Enforcement Proceedings,” Article 80). The transfer of real estate in this case will be considered unlawful.

Refusal options: donation, purchase and sale

Registration of a deed of gift or conclusion of a purchase and sale transaction are the main ways to relinquish a share in an apartment.

Drawing up a gift agreement is the simplest procedure. The document has a simple written form and does not require the participation of a notary. Only the consent of the donee (the person to whom the share is transferred) is necessary.

To register a deed of gift in Rosreestr, you need to pay a state fee (2,000 rubles).

If the property is transferred to a close relative, no income tax is charged. In other cases, the new owner pays a tax fee of 13% of the cadastral value of the share (find out how the cadastral value is calculated).

Ways to renounce a share and their implementation

How can an heir refuse a share, for example, in a privatized apartment? Citizens refuse part of the inheritance for various reasons.

Among the most commonly used reasons are:

• desire to improve living conditions for one of the relatives;
• the desire to register the property entirely in the name of one family member;
• reluctance to register real estate in your own name.

It is worth noting that if one of the heirs renounces his share, the remaining heirs can privatize the property in the manner prescribed by law. The owner will not be able to perform actions with real estate if restrictions are imposed on registration actions or the property is seized.

How to remove the encumbrance from an apartment on maternity capital.

Cadastral value of an apartment: what does it mean, read here.

How to draw up a power of attorney to manage an apartment, read the link:

Donation

The most common way to renounce your share is through donation. The heir has the right to transfer his share of the property to another relative or stranger.

To formalize the transferred share, the consent of the recipient is required. In this case, the share of the property is transferred to the recipient free of charge, and the consent of other owners is not required.

The gift agreement is drawn up in free form and does not require notarization. The property transfer transaction must be registered with Rosreestr, located in the same entity as the donated property.

Attention! To re-register a gifted share, the donor and the donee submit an application to which must be attached:

• 3 copies of the gift agreement;
• a receipt for payment of the state duty (the state duty is paid by the person to whom the property is transferred).

If the person transferring the property is married at the time of transfer of the property, then the written consent of the spouse must also be attached.

Documents can be sent in one of the following ways:

• documents are submitted by a representative of the parties (if there is a notarized power of attorney);
• by mail (the authenticity of the applicants' signatures is confirmed by a notary);
• through the State Services portal (if you have a digital signature).

If a share of the property was transferred as a gift to a close relative, then the person who received the property as a gift is not required to pay income tax.

If the donor is not a close relative, then the person who received the property as a gift is required to pay income tax in the amount of 13% of the cadastral value of the property.

It is worth noting that according to Art. 575 of the Civil Code of the Russian Federation, the gift of property from a minor is strictly prohibited.

Exchange and sale of shares

The heir to a share in an apartment has the right to sell or exchange it. At the same time, the owners of other shares of this property have priority rights in acquiring this property.

Moreover, before selling his share, the owner is obliged to notify other property owners in writing (Article 205 of the Civil Code of the Russian Federation).

The law allows one month to express your desire to buy a share, as well as to prepare a purchase and sale transaction for other owners. Otherwise, the owner sells his share.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

The owner has the right to sell his share to outsiders if other owners refuse to purchase.

If one of the relatives has expressed a desire to purchase a share, an agreement on the transfer (exchange) of the apartment’s share in the right of common ownership is drawn up in writing.

The transfer of ownership must be registered with Rosreestr. In this case, the same package of documents is provided as when donating a share.

In the case of selling a share of property to third parties, in order to register ownership, it is necessary to prepare written refusals of acquisition by the remaining owners of the shares.

If among other heirs there are minors, then the share can be sold to third parties only after receiving written consent from the guardian and the guardianship and trusteeship authorities.

Non-participation in privatization

The heir has the right to refuse a share of the property at the stage of preparation for privatization, when the apartment is considered municipal property.

In this case, the heir formalizes consent to privatize the apartment without his participation. This document represents confirmation of the renunciation of the share.

This refusal of privatization is certified by a notary and attached to the documents for privatization.

It is worth noting that in case of abandonment of property at the privatization stage, the alienated share will be divided among other property owners. This share cannot be transferred in favor of another heir. However, at this stage it is possible to conclude an agreement that will indicate the ratio of shares between the owners.

It is worth referring to Art. 7 of the Law “On the privatization of housing stock in the Russian Federation”. It states that minor heirs who have the right to use this property must be included in the privatization agreement.

A minor heir will be excluded from the privatization agreement with the written consent of the guardianship authorities.

ATTENTION! Look at the completed sample refusal to privatize an apartment:

Refusal of inheritance

If a share of property is received as an inheritance under a will or by law, the heir has the right to refuse, having the refusal certified by a notary.

It is important to note that the law prohibits the refusal of part of the inherited share - the inheritance is alienated in full.

Refusal of inheritance can be issued in favor of another heir, one of the closest relatives, or in favor of all heirs of the property.

ATTENTION! View the completed sample application for renunciation of inheritance:

Watch the video. Refusal from privatization:

How much does a refusal cost?

Any of the above actions will require certain costs. Most of the paperwork is done by notaries. Let's look at how much a refusal costs.

Note. The drafting of contracts by a notary depends on the transaction price. You can find out the exact amount in your case during a preliminary consultation.

Advantages and disadvantages

What to choose if you already have a share in the apartment and need to give it up?

The choice between these methods of transferring a share to another person is made depending on specific conditions.

The most important features of the alienation of shares

What problems usually arise for parties to shared alienations? What must be taken into account when registering a waiver of a share in an apartment if everything happens through an alienation transaction?

General rules for transactions entailing the relinquishment of a share in an apartment

Any action to relinquish property entails serious legal consequences, so for these transactions there are general requirements for registration, tax issues and respect for the interests of other persons.

Transaction certificate

Contacting a notary is an integral step in almost all real estate transactions.

When registering a waiver through sale or donation, the participation of a notary is required to certify the agreement. When renouncing a share in the inheritance, the corresponding application must be accepted by a notary.

Notary services for transactions involving the alienation of a share in an apartment consist of the notary fee and services for drawing up the document itself. You can save on the latter by preparing the transaction document yourself.

The size of the tariff depends on the value of the transaction and is half a percent of this amount.

The participation of a notary is necessary to verify the transactions carried out and documents drawn up for compliance with the law

Tax obligations of parties in transactions involving the alienation of property

Since transactions with shares in an apartment always entail an improvement in the property situation for one of the parties, they are subject to tax legislation. We are talking about paying personal income tax.

As a general rule, the tax rate is 13% of the transaction amount. For foreigners the rate is significantly higher - 30%.

Tax on the sale of a share in an apartment

The tax must be paid with some reservations if you give up your share in the apartment by selling it.

Legislators have shown a very flexible approach to the issue of payment or exemption from tax when selling part of an apartment. Let's consider various options.

There is no need to pay tax on:

• property acquired before January 1, 2020, with ownership of shares for more than three years;
• real estate received after January 1, 2020 and held for more than three years, if ownership arose as a result of participation in privatization, a gift from loved ones, by inheritance or under a rental agreement.

The amount from the sale of a share is subject to taxation if:

• this share was received before January 1, 2020 and was owned for less than three years;
• if the share was received after January 1, 2020 and was held for less than 5 years (with the exception of the three-year rule described above for shares received in certain ways).

When determining the amount of tax, the seller has the opportunity to reduce his expenses using the rules of deduction determined in various ways (cost or property).

Features of refusal in favor of the state

The share is transferred to the state as a result of deprivatization. This is a procedure for canceling a privatization agreement and returning property to the country. This procedure is carried out exclusively through the court. The initiator of the proceedings can be any owner of the apartment or the relevant control authorities if a violation of rights has been identified.

You can file a claim to invalidate the privatization agreement within three years from the date of transfer of the apartment for privatization. You can only return the apartment in its entirety.

Consequences of termination of ownership

Although real estate is registered with the state for a period of 1 year until a new owner appears, the relinquishing person must perform the following actions:

1. Pay related taxes as usual.
2. Properly maintain the property.
3. In the event that, as a result of certain actions, real estate causes damage to someone or something, the former owner is responsible for this.

Until a new owner appears, the state, through laws, does not recognize the final decision to abandon the property. As a result, both responsibilities arise and the opportunity to reconsider your decision in certain cases.