Donating a share in an apartment to a close relative in 2020: order and procedure, documents, taxes, state duty

Features of transferring a share in an apartment to a relative

A gift is a transfer of property. This is an agreement between the parties, which is drawn up in writing. According to the law, the agreement is a gratuitous transaction. In order to transfer a share, it is necessary to conclude a so-called gift agreement.

To do this, you need to prepare the necessary documents.

You can draw up such a document yourself or use the services of a lawyer. You can transfer a share in an apartment in different ways. But the easiest way is to draw up a gift agreement.

You can do this at any time. To complete such a transaction, the permission of other persons is not required. Today, there are two ways to formalize a transaction between relatives:

use the services of a qualified lawyer (notary); draw up the contract yourself.

Let's celebrate!

After all, most people are legally illiterate. Therefore, it is better to use the services of a specialist. If you have legal knowledge, then you can draw up a gift agreement yourself. Let's take a closer look at the procedure: A package of documents (application, various extracts, consent of the council, and documentation for the apartment).

Also, if necessary, you need to prepare copies of documents. Compliance with the conditions.

Some categories of persons cannot participate in such transactions. Drawing up the necessary agreement. It is difficult for an ordinary person to draw up a gift agreement. To do this you need to have the necessary knowledge.

Therefore, it is better to contact a lawyer or notary. These specialists will help you prepare the document correctly.

How to transfer or gift a share in a privatized apartment to a relative

In order to register a gift of a part of an apartment to a relative, it is necessary to correctly draw up an agreement. To do this, it is best to contact a professional lawyer. However, if you decide to tackle this difficult task yourself, then below we will tell you how to do it.

Procedure

You must follow this algorithm:

• draw up an agreement for the gratuitous transfer of ownership of a share in the apartment;
• collect the necessary package of documents;
• register the transaction in Rosreestr;
• obtain a certificate of ownership.

Required documents

It is impossible to complete a transaction without a complete package of documents. They are needed for registration at the multifunctional center and registration authorities.

To transfer a share in an apartment to a relative, you need to prepare the following package of documents:

• Spouse's consent. If there is a spouse's consent that is not notarized, then it is invalid. In this case, it cannot be used to complete the transaction. If the property is jointly owned, then the consent of the spouse is required. Consent is a mandatory requirement.
• Cadastral passport. It is necessary to make a copy of your passport. The passport must be certified by the authority that issued it.
• Extract from the house register. You must also make a copy of this statement. It will be required to complete the transaction.
• Various title documentation (original purchase and sale or special certificate). That is, they must certify the citizen’s ownership rights.
• Receipt for payment of various fees.
• Special application form.
• Donation agreement (two copies will be required). You also need to make a copy. The second copy will be stored in a special archive.

Procedure

The procedure for donating a share in a privatized apartment to a relative is quite simple. However, the greatest attention should be paid to the preparation of the deed of gift. It should be remembered that it should not indicate any conditions, even the most insignificant ones. For example, the donor cannot stipulate in the contract his lifelong right to reside in the alienated apartment. If this is indicated, the deed of gift will be declared invalid and the transaction itself void. But if you have already received a certificate of ownership, and the former owner of the share in the apartment does not want to vacate it, then you can go to court. You will learn how to do this correctly from this article.

To register documents, you can contact either the Rosreestr branch directly or the State Budgetary Institution “My Documents”. Here everyone decides for themselves what is more convenient to do.

Deadlines

You can conclude a deed of gift at any time. The parties to the contract determine the time to contact the notary independently.

How long does it take to register ownership? The beneficiary can submit papers at any time.

However, delaying the procedure is fraught with certain consequences. In the event of the death of the donor, the beneficiary will have to prove his rights to the property in court. Otherwise it will become part of the inheritance.

How to draw up a contract yourself?

To conduct a transaction yourself, you need to go online. After this, you need to draw up a gift agreement. But it is better to use the services of a good lawyer.

Nuances and difficulties when donating an apartment to a close relative

A deed of gift is a common way of gratuitously transferring rights to an apartment or its share to close relatives.

This form of alienation has both advantages and disadvantages for both parties. To eliminate possible conflict situations, you need to approach the preparation and collection of necessary documents extremely seriously.

The procedure for registering a deed of gift

Despite the fact that the basis for the execution of the agreement is the desire of the donor, the agreement will be recognized as legal at the legislative level only if all parties to the transaction agree, including the recipient of the property. After agreeing on all the nuances between the parties, as well as making a decision to issue a deed of gift for the apartment, the parties must draw up and sign an agreement in simple written form.

In this case, two conditions must be met:

• The object of alienation must not be encumbered (pledge, arrest, long-term lease, trust management of real estate, etc.)
• The agreement must be drawn up according to officially recognized standards with a mandatory indication of the characteristics of the property being alienated free of charge.

Actions of the parties for the free transfer of real estate to a relative Step 1. Drawing up and signing of a deed of gift by all interested parties.

Step 2. Submitting all necessary documents to Companies House.

Transfer of a share in an apartment to a relative: necessary documents

What documents are needed to transfer a share of an apartment?

A standard registration procedure rarely costs more than 5,000 rubles (taking into account the preparation of draft documents with the participation of lawyers). It will be cheaper to register a draft agreement, which was drawn up by the parties after consultation with a lawyer.

Types of shares:

1. Share in the form of residential premises (in kind)

Often this is a room in a 2 or 3-room apartment. Common premises are a kitchen, a bathroom, a corridor, a passage, and a storage room.

The owners agree on all the nuances through an agreement (Art.

245 of the Civil Code of the Russian Federation). True, the option of judicial allocation of a share in kind is possible. This distinction is inherent in a communal apartment.

1. Uncertain share

Contents: According to the laws currently in force in the Russian Federation, real estate can have two forms of ownership:

1. Common property.
   With this form, the specific size of shares is not determined.
2. Shared ownership.
   It presupposes the common ownership of several persons, the share of each is established.

If the donor owns only a share of the property, the consent of other homeowners is not required when transferring his share. Owners of a share in a privatized apartment can undertake any operation - sell, rent, mortgage, exchange.

The donation of a privatized share in an apartment has become widespread. Usually in such cases the recipient is a relative. For example, a minor.

In this case, two conditions must be met:

Where to start the procedure?

First, you must inform the recipient of your intention to allocate a portion of the apartment. There are times when you can get rejected.

It is important to decide which share of property will become a gift:

• single owner apartments;
• common joint property;
• common shared ownership.

It matters who will participate in the transaction of donating a share of the apartment. Depending on the participants, a package of documents is prepared.

To donate a share, you must be the owner of this share. The sole owner has no restrictions and can dispose of his property as he wants. He can allocate a share to give to his granddaughter. Can transfer his property into common shared property (define 1/2, 1/3, etc. part of the living space for donation); or allocate a share in kind - indicate which room, what area.

We suggest you familiarize yourself with the period during which you can terminate the apartment donation agreement

If there is more than one owner, a special approach is required:

• If the property is shared, then there is no need to allocate anything; you can immediately donate your part of the property without coordinating the deal with other owners, because donation is a gratuitous act. How to donate a share without the consent of the second owner is described here.
• If the property is common joint property, then you must first go to court to determine the shares in the common property right.

Article 252 of the Civil Code of the Russian Federation provides for the division of property with the allocation of a share. The procedure must be agreed upon by all participants in the common ownership. Art. 245 of the Civil Code of the Russian Federation regulates the determination of shares in the right of shared ownership, 246 of the Civil Code of the Russian Federation - the disposal of property that is in shared ownership.

The law provides for the allocation of a share without infringing on the rights of the remaining owners, without deteriorating the ability to use common non-residential property.

Registration of donation of a share in an apartment in 2020

Let's live.com≫Apartment≫Share≫Donation Article updated: August 16, 2020 Author of the article Svetlana MitrofanovaLawyer.

Work experience - 14 years Hello.

I helped 20 clients formalize the donation of their shares.

In itself, the execution of a deed of gift does not depend on whether the donors are related to the recipients or not.

Therefore, the instructions on this page are suitable for everyone. I divided everything into 3 main stages: 1) collect documents; 2) we draw up a gift agreement; 3) submit the agreement with documents to the MFC or the Registration Chamber to register the transaction.

Parties to the transaction: donor - the one who gives his share; donee - to whom it is given.

Remember: if the owner wants to give someone his share in the apartment, then he does not need to ask the consent of other owners, nor the consent of those registered/living in the apartment, nor the permission of the guardianship authorities if one of the owners is a minor. The owner of a share can give it to anyone - p.

2 tbsp. 246 of the Civil Code of the Russian Federation. And nowhere is it stated about the consent of other owners in such a situation - not in Chapter 32 of the Civil Code of the Russian Federation. Donation, nor in the Federal Law of July 13, 2015 No. 218-FZ, on the basis of which all real estate transactions are registered. Stages:

1. Stage No. 3 – Registration of the gift transaction
2. Stage No. 2 – order a donation agreement for a share of the apartment
3. Stage No. 1 – collecting documents

Stage No. 1 – collecting documents Documents are needed in originals.

Below I have listed a minimum list of documents, but in each specific case additional ones may be required.

Transferring a share in an apartment to a relative - procedure

› › Shared distribution of real estate is a fairly common phenomenon.

It occurs in several cases - after privatization, acceptance of an inheritance or a purchase and sale agreement. Many people do not understand how to manage real estate or how to transfer a share in an apartment to a relative when the property is shared. I want to tell you how to do it correctly and how to avoid mistakes.

Relations between owners of shared real estate are regulated by law on the basis of established norms. If it is not possible to reach an agreement, the dispute is resolved in court. Having become the owner of shared property, it is worth remembering:

1. it is not always possible to reach a peace agreement;
2. each case is considered individually;
3. a positive outcome in a dispute depends on many factors.

Many participants in such processes often tell me that it is impossible to peacefully decide what belongs to whom.

All share owners have the right to dispose of their share as they see fit. Disposal of the common share can only occur by agreement of the parties.

Especially if the share is allocated in unequal parts, the funds cannot be divided correctly. Misunderstanding, ignorance of the laws, or, as they say now, legal

List of documents for registration of donation of a share of an apartment in 2020 + instructions on where to obtain them

Let's live.com≫Apartment≫Share≫Donation≫Documents Article updated: October 14, 2020

There is a share, and here it is impossible to resolve the dispute about allocating it in kind. That is, one is satisfied with this room, while the other is categorically not suitable for the proposed part. One client told me that it would be better if they sold it and divided the money. But this is not so easy to solve.

Author of the article Svetlana MitrofanovaLawyer.

Work experience - 14 years Hello. In this article I have listed the documents for registering the donation of a share in an apartment. There are also links to instructions on how and where to get them. The list is current for 2020 and I update it periodically if any laws or registration itself change. The giver is the one who gives. The recipient is the one who accepts the gift.

A small digression - if you need free legal advice, you can write online to a lawyer at the bottom right at any time, you can order a call at the bottom left, or call yourself: 8 (499) 938-45-06 (Moscow and region); (St. Petersburg and region); (all regions of the Russian Federation).

Documents for registering a transaction with the MFC/UFRS Here are the mandatory documents that must be submitted to the MFC or UFRS to register a transaction. After them I listed additional ones.

The notary will need them if the gift deed will be drawn up with him. More on this below.

• Donation agreement for a share in an apartment; Previously, in all cases, a simple form of agreement was suitable for donating a share of real estate.
  By simple form we mean a regular contract printed on A4 sheet. But since June 2020, in most cases, an agreement in a notarized form is required (Clause 1, Article 42 of Federal Law No. 218-FZ).

  Those. You must first certify (certify) the contract with a notary, and only then submit it to the MFC or

How to register a share in a privatized apartment for another shareholder in the same apartment

My parents have a 2-room privatized apartment. Both of them are registered (they have 2 shares of 50%), my sister and I are also registered (at the time when the apartment was privatized, we were minors, so we don’t have shares). Recently, my sister registered her daughter, who is now 3 years old, in the same apartment. My parents want to bequeath their shares to my sister and me (my mother’s to me, my father’s to my sister). The sister has already stated that she will do everything possible to ensure that she and her daughter get the apartment. I don’t know if it means anything that I don’t live with my parents: my mother and father, my sister, my daughter and my husband live in the apartment (our husband is not registered with us). I would like to know if she can challenge the will to take most of the apartment (or all of it)? If not, what can I really do with my share until my sister’s daughter comes of age? And further . Is it possible to exchange an apartment now (in principle, will they be allowed to exchange it) so that the parents live separately from the sister (she gets her half, and the parents live quietly separately from her (so that she can no longer claim this piece in the future)?

Hello! Please tell me, the notary has set a date for signing the agreement on the determination of shares for January 20. One of the parties did not sign an agreement for the due share. Moreover, I own 3/4 of the share, and the other party owns 1/4 of the share according to the court. The employee of the notary office did not give me any explanation, since the owner of a 1/4 share of the apartment does not agree with his assigned share. Question: what are my actions, and what are the deadlines for signing the agreement, and should I require an explanation from the notary office, and if so, in what form?

May 26, 2020 glavurist 372

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Transfer of a share in an apartment to a relative: necessary documents

Contents of the article Shared distribution of real estate is a fairly common phenomenon. It occurs in several cases - after privatization, acceptance of an inheritance or a purchase and sale agreement. Many people do not understand how to manage real estate or how to transfer a share in an apartment to a relative when the property is shared.

I want to tell you how to do it correctly and how to avoid mistakes.

Relations between owners of shared real estate are regulated by law on the basis of established norms. All share owners have the right to dispose of their share as they see fit. Disposal of the common share can only occur by agreement of the parties.

If it is not possible to reach an agreement, the dispute is resolved in court. When becoming the owner of shared ownership, it is worth remembering:

1. it is not always possible to reach a peace agreement;

a positive outcome in a dispute depends on many factors.

2. each case is considered individually;

Many participants in such processes often tell me that it is impossible to peacefully decide what belongs to whom. There is a share, and here it is impossible to resolve the dispute about allocating it in kind.

That is, one is satisfied with this room, while the other is categorically not suitable for the proposed part.

One client told me that it would be better if they sold it and divided the money. But this is not so easy to solve. Especially if the share is allocated in unequal parts, the funds cannot divide correctly. Misunderstanding, ignorance of the laws, or, as they say now, legal illiteracy, lead to the fact that close relatives become enemies and can only resolve disputes in court.

You can sell your share, but there are too many pitfalls here.

How to register the transfer of a share of an apartment

March 31, 2014 Author KakSimply! The owner of the apartment has the right to transfer its share to another person, for example, his relative.

To do this, it is necessary to prepare a package of relevant documents and draw up an agreement on the transfer of shares with the Federal State Registration Service at the place of residence. Related articles:

1. How to formalize the transfer of property Question “is it possible to inherit an unregistered cooperative garage” - 3 answers You will need
   - certificate of ownership of the apartment; - passports of all participants in the transaction; - extract from the house register; - cadastral passport; - gift agreement; - permission from the guardianship authorities (if necessary).
   Instructions 1 Prepare a special package of documents necessary to confirm your ownership rights and go through the procedure of transferring a share of housing to another person. You will need a certificate of registration of ownership, as well as an extract from the house register for the building in which your apartment is located. The list of documents must include the original and a copy of the cadastral passport. If you are married, draw up and notarize a statement from your spouse that there are no claims to transfer the share to one person or another.
2. How to donate a part in an apartment

How to draw up a deed of gift for a share

If you are registering through a notary, he may ask for additional documents. For example, a certificate from a psychoneurological clinic to check the legal capacity of the parties. This is especially true in a situation where an elderly person gives a share.

In this case, the basis document, for example, is a purchase and sale agreement

If the contract is not required to be certified, you can draw it up yourself, find a template on the Internet, or order it from lawyers. We have already written about how to draw up a gift deed yourself.

Make sure that the contract contains:

1. Information about the apartment: address, cadastral number and its total area.
2. Information about the share in the property right: its size and on the basis of what it belongs to you (purchase and sale agreement, certificate of inheritance, deed of gift or other document).
3. Exact details of each party to the contract.

Drawing up an agreement with a lawyer will cost from 2 to 10 thousand rubles, depending on the complexity of the agreement and the speed of its preparation. If you make an agreement through a notary, he will charge you for services of a technical and legal nature - in each region and notary chamber these amounts are different.

For example, the Moscow Notary Chamber has set a maximum payment amount for 2020: gift agreements that are mandatory for certification will cost no more than 6 thousand rubles, and optional ones will cost no more than 8 thousand rubles.

If you submit documents yourself to the MFC, registration will take 9 working days.

Registration cost. For registration you will only need to pay a state fee - no more than 2000 rubles.

When a notary is not needed when registering a donation of a share. A notary is not needed in two cases:

1. If owners alienate all shares in one transaction, this change was introduced on July 31, 2020; previously, such agreements had to be certified by a notary.
2. If the sole owner of the apartment decides to donate a share: at this moment he does not yet have co-owners, therefore notarization of the agreement is not necessary. This position has long been supported by Rosreestr, which registers rights to common property.

In all other situations, the contract will have to be certified. Although this has its advantages: the notary can offer a verified form of the agreement and will send documents for registration free of charge. Previously, these services were paid, but from February 1, 2020, notaries were prohibited from taking money for services for sending documents to Rosreestr.

If the contract does not need to be certified, but you really want to, it can be done. It will cost a little less - for contracts that are not required for certification, a different tariff is set.

6,000,000 R × 0.5% × ⅓ = 10,000 R

If you decide to certify the contract at your own request, the tariff will depend on the amount of the transaction and the degree of relationship. The cadastral value of the share is again taken as the transaction amount.

If the contract is certified by a notary. The notary himself will send the documents for registration. You only need to pay the state fee; the notary will do the rest for free.

If the contract was not certified by a notary. Then you can submit documents for state registration through the MFC. It is better to make an appointment in advance to avoid waiting in line.

To register you will need:

1. The gift agreement is in three copies: one will remain in Rosreestr, and two will be returned to the parties to the transaction.
2. Passports of the parties - you will only need to present them at registration.
3. Power of attorney for the representative, if the contract was signed by the representative.
4. Power of attorney for the representative submitting documents for registration.
5. Notarized consent of the spouse, if you have prepared it.
6. An application for registration will be completed by an MFC employee directly in front of you.

We invite you to read: Will there be a minimum pension upon dismissal from service for health reasons with more than 10 years of service?

Sometimes information about the completed registration appears on the Rosreestr website before the documents are returned to the MFC: enter the cadastral number of the apartment and check the “Rights and Restrictions” column. If it contains a recent record of ownership, then you can rest assured that the registration was successful

You can issue a deed of gift:

• on one's own;
• in a law firm;
• through a notary.

There are various contract forms available on the Internet. You need to select the appropriate one and fill it out. Have it certified by a notary (is notarization necessary?). However, each individual case may have its own characteristics. There may be something left out. Correcting errors will take longer.

Any law firm will help you prepare an agreement for the donation of a share, but it must be certified by a notary if there is more than one owner of the apartment, and the share is not alienated by all owners.

The notary will prepare and certify the agreement and check the entire set of papers. In 2020, Federal Law No. 338-FZ of August 3, 2018 came into force, according to which a notary has the right to send documents for registration of property transactions to Rosreestr. This is done using an electronic signature.

How to properly formalize the donation of a share in an apartment to a close relative?

Donating a share in an apartment to a close relative is a procedure that is often used to ensure the transfer of property. Its essence is largely the same as a will, only the donee does not have to wait for the death of the donor.

When a share in an apartment is donated to a close relative, a written agreement is drawn up.

In this document, the donor expresses his will, and the donee accepts the gift, which both parties sign.

According to Art. 574 of the Civil Code of the Russian Federation, a deed of gift for a share in an apartment is subject to mandatory registration in Rosreestr.

According to Federal Law No. 302 of December 30, 2012, from March 1, 2013.

It is necessary to register the transfer of ownership of real estate from the donor to the donee.

You can draw up a document yourself in simple written form, then contact the Registration Chamber and carry out all the necessary registration activities.

However, you can simplify your task and transfer this responsibility to a notary, who will certify the transaction and register it himself. The cost of notary services is higher than the cost of self-registration, but challenging a properly certified deed of gift is much more difficult.

Download (sample) Download If a close relative receives a gift, then he will not have to pay income tax (NDFL). In other cases, citizens pay 13% of the value of the property received as a gift, and foreigners – 30%. Relatives are considered close:

Donation as the best option for resolving disputes

The state duty is calculated based on the size of the share: the total duty of 2,000 rubles is multiplied by the size of the share in ownership. For example, if there are two owners in an apartment with ½ shares, each will have to pay a state fee of 1000 rubles.

Please note: the donated share remains pledged to the bank, and the new owner of the share bears all the rights and obligations of the pledge holder. He may also lose this share if the loan is not repaid. Often, the donee becomes one of the co-borrowers in the loan agreement - only under this condition does the bank approve the donation of a share.

Privatized apartment. There are no special rules in this situation either.

If the apartment is registered as a property, a share in the right can be given to anyone. Before the transaction, check all privatization documents: the agreement on the transfer of shares in ownership must be registered.

When donating a share in an apartment, the recipient generates income. A tax of 13% is withheld from any type of income in cash or in kind (clause 1 of Article 224 of the Tax Code of the Russian Federation). If the recipient is a non-resident, he pays 30% of the income to the budget (clause 3 of Article 224 of the Tax Code of the Russian Federation).

Residents are considered citizens “staying in the Russian Federation for at least 183 days within 12 consecutive months” (clause 2

Article 207 of the Tax Code of the Russian Federation

).

A transaction under an agreement to donate housing from one close relative to another is exempt from withholding personal income tax (Clause 18.1, Article 217 of the Tax Code of the Russian Federation). A non-relative or distant relative who received a gift will have to pay a tax of 13% of the cadastral value of the share and submit a 3-NDFL declaration to the tax office.

We invite you to familiarize yourself with the Inheritance of minor children after the death of their parents

From the above, it becomes clear that donation is considered the most painless, safe transaction. To do this you need to go through just a few steps:

• collect the necessary documents;
• order a gift agreement transaction;
• register with the MFC or the Registration Chamber.

For the transaction it is necessary to prepare the following package of documents:

• passports and copies of persons participating in the transaction;
• consent of the seller’s spouse to sell the share;
• consent of other shareholders if the share is sold to an outsider;
• certificate of ownership.