A step-by-step algorithm for concluding a gift agreement, as well as how to draw up a deed of gift for a share in an apartment or 1/2 of it, and where can this be done?

What is a share?

When considering not the whole apartment, but its share, you should decide on the concept.
A share is an independent object in the form of a privatized part of an apartment. The share belongs to the owner on the basis of the privatization agreement, as well as an extract from the Unified State Register of Real Estate.

Types of shares:

  • 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 (Article 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.

  • Uncertain share

Regardless of how many owners live in the premises, they can use the rooms at their discretion. Payment for utilities also occurs jointly.

Donation of a share is possible taking into account the interests of the remaining owners. Let's say, if they agreed that the shares are equal, the donor will not be able to transfer to the relative more than what belongs to him.

Design features

You can write a deed of gift yourself or with the help of a lawyer. Sample provided. To draw up an agreement yourself, you will need the following information:

  • information about the donor and recipient;
  • subject of the agreement;
  • precisely formulated name, characteristics of the object;
  • documents on ownership of the living space (if an apartment is being registered);
  • signatures of both parties.

The document may indicate the market price.

If it is necessary to write a deed of gift for two, the difference will be that the donor draws up two gift agreements, indicating unequal or equal shares of each donee.


The procedure for drawing up donation agreements and subsequent re-registration of ownership rights is established by the following regulations:

  1. Civil Code of the Russian Federation.
  2. Fundamentals of legislation on notaries.
  3. Federal Law “On State Registration of Rights...”.
  4. Federal Law “On Cadastral Activities”.
  5. Federal Law “On State Registration of Real Estate”.

The Notary Law applies to the notarization of contracts. When donating a share in an apartment, a mandatory notarization of the contract is required.

Under what conditions can you give your share in the apartment to your wife or husband?

The donation can be either a separate room, which is then recalculated as a percentage of the total area, or a percentage without reference to the layout.

Personal income tax is collected only if the transaction is carried out between former spouses whose marriage was dissolved before the agreement was signed. A civil marriage is not considered kinship; when donating a share of an apartment to a common-law spouse, thirteen percent of the tax will be charged.

If a married couple gave each other shoes, clothes, jewelry, perfume, then ownership does not need to be confirmed, since these things are considered objects of individual use. This can be done orally as many times as you like. Without a written donation agreement and witness testimony, it will be difficult to justify that this is a gift if, for example, you brought your own car, laptop computer, TV, or iPad as a gift.

The donee needs to pay a state tax for registration of the gift deed. There is no need to worry when the specialist takes away the entire package of documents; in return, he must draw up a receipt stating that the necessary papers have been received by him.

In what cases is a deed of gift invalid?

A deed of gift for a share in an apartment must be drawn up in full compliance with current legislation. Legal errors in it will lead to the cancellation of the transaction.

Reasons for declaring a deed of gift invalid:

  1. Signing under threat of life or blackmail;
  2. Registration without obtaining the consent of the spouse for the transaction;
  3. Signing while under the influence of drugs or alcohol;
  4. The donor was a minor child or an incapacitated person;
  5. The donor suffers from mental illness and cannot be held accountable for his actions.

The deed of gift is declared invalid in court. The donor or his official representative must file a claim in court. In case of violation of the law by the recipient (for example, threats on his part to the donor), it is necessary to contact the investigative committee to initiate a criminal case.

Is it possible to issue a deed of gift for a minor child?

It is possible to draw up a gift deed for a minor child. The law provides that a person who has not reached the age of majority can become a donee. However, a minor cannot be a donor.

When drawing up a gift agreement for a minor child, it is necessary to include in the text of the agreement a mention that the recipient has not reached the age that gives him full legal capacity.

This means that the participation of the child’s legal representative is mandatory. Only he can sign the deed of gift, and not the minor himself.

Who can I give or transfer an apartment to?

The recipient is a person who receives from the donor a privatized share in an apartment on a gratuitous (free) basis. As practice shows, “gifts” are most often given to relatives: parents, children, brothers, sisters, grandparents. Less often - to distant relatives and strangers.

The donor cannot be an incapacitated person or a minor if the transaction is not reported to the guardianship authorities.

Who can NOT receive a share in an apartment as a gift (Article 575 of the Civil Code of the Russian Federation):

  • civil servants and their deputies;
  • workers in educational, social, medical and other public sector sectors;
  • bank employees.

In addition, donations in favor of legal entities - companies, enterprises are not allowed... For this type of transaction, there are other forms: a purchase and sale agreement or a testamentary deed.

Who does not have the right to transfer their share?

The law regulates the procedure for transferring a share to a relative.

There are the following restrictions:

  1. Civil servants, medical and social workers. This category of persons cannot enter into gift relationships. Why is there such a ban? Because civil servants can take advantage of their position. For example, a citizen may transfer property to a government official as a bribe. Medical workers can also use their official position. For example, a citizen transfers his property to a medical professional as payment for an operation. Therefore, the law strictly regulates such transactions.
  2. Children under 14 years of age and disabled persons. According to current legislation, this category of persons cannot transfer a share in the apartment to a relative.

Is it possible to give housing to a stranger?

The law does not establish restrictions on donating a privatized share in an apartment to strangers. But, before resorting to a transaction, you need to make sure that it does not violate the interests of other owners. However, the donor is not obliged to seek the consent of the remaining shareholders.

Example: The Yakovlev family privatized an apartment. Housing was considered joint, so both husband and wife owned equal shares. However, family life did not work out, and the couple divorced. Yakovlev moved out of the apartment - the man decided to give his share to a close friend. The parties signed a deed of gift, the share passed into the hands of a stranger to Yakovleva. The woman immediately filed a statement of claim in order to invalidate the deed of gift. The main motivation is that she supposedly owns the rights to the second half of the apartment, which means she retains the primary right to receive the first share. But the claim was denied. Explanation of the court: the plaintiff really has rights to the second half, but since the share was transferred as a result of a donation - the ex-husband did not have to ask the ex-wife’s permission. As well as offering her his share.

Features of donating an apartment between husband and wife

Reading time: 10 minutes Giving an apartment in marriage between spouses is a common phenomenon. After the marriage is officially registered, a husband and wife are treated as close relatives, although formally they are only family members. Let's consider why spouses may want to re-register housing for one of them and how to implement it in practice.

Under a gift agreement, one party undertakes to transfer property to the other free of charge. If a husband gives his wife an apartment, the wife is not expected to respond - the characteristic feature of the transaction is that it is gratuitous.

Although the gift agreement is concluded between a husband and wife, it retains all the basic properties that are inherent in this transaction.

You should also remember some of the distinctive features of the agreement - the conciliation procedure, the procedure for registration, taxation, etc. Gifts in marriage are jointly acquired property.

Spouses can give each other gifts; the legislation does not contain any restrictions in this regard.

Agreement conditions

The donation is free of charge. There should be no counter-conditions in the agreement. Otherwise it can be challenged.

The contract must contain a clear description of the alienated property. The transfer of the share is carried out during the lifetime of the owner of the object.

Violation of any clause makes the gift agreement void or voidable.

Is the consent of the co-owners required for the alienation of part of the premises? Typically, consent is required in case of sale of property (Article 250 of the Civil Code of the Russian Federation).

When concluding a gift agreement there are some nuances. Only the allocated share can be given as a gift without the consent of the co-owners. An object in joint ownership can be donated only with the consent of the co-owners.


The donation of part of the housing occurs by concluding an agreement. However, sometimes citizens have to go to court. The reason is the death of the donor. If the recipient did not have time to register ownership, then the property of the testator is included in the inheritance. The legal successors of the property are the family members of the deceased subject.

Example. The plaintiff went to court. He asked to recognize the deed of gift as concluded, and the certificate issued by the notary as invalid. The plaintiff also asked to cancel the certificate of ownership. Justification of the requirements - a gift agreement was drawn up between the plaintiff (son from his first marriage) and the late citizen K. But the plaintiff did not have time to register ownership of the premises due to the death of the donor. The defendants were the heirs of the deceased subject. They knew about the conclusion of the gift agreement, however, they turned to a notary to register the inheritance. As a result, the plaintiff lost the property donated to him. The legal successors registered the ownership rights with the Federal Registration Service of the Omsk Region. Two defendants admitted the claims. Another claimed that he knew nothing about the existence of a gift agreement. Moreover, the agreement was not certified by a notary. Therefore, he asked to dismiss the claim. However, the court did not agree with the defendant's opinion. The deal was concluded before amendments were made to Federal Law No. 172-FZ. Therefore, notarization of the agreement was not required. The claims were satisfied.

How to properly draw up a deed of gift?

You can correctly draw up a gift deed yourself, without outside help. The law gave such a right, as it established the form of the gift agreement - a simple written one. This clearly gives the parties to the contract a real opportunity not to have it notarized. However, when drafting the text of the document, a number of questions arise. What items and data must be included?

That is why the main types of data included in the property donation agreement are:

  • data about the item and its characteristics;
  • about the donor and the donee as participants in the transaction;
  • about the date of transfer of the gift;
  • about special participants or conditions of donation. For example, if a representative is involved in the case, it is necessary to include his data in the contract;
  • signatures of the parties.

If the item being donated does not imply the need for state registration of ownership, then after signing the agreement the transaction is considered completed and the right is transferred.

If the parties do not know how to correctly draw up a property donation agreement, it is more advisable for them to contact a notary. He will independently develop the text of the agreement, taking into account the requirements of the law, the parties to the transaction and the characteristics of the property. The participants will only have to sign the gift agreement; if registration of the right is required, the notary independently submits the documents and makes a request for it to be carried out.

Thus, you can draw up a gift deed yourself. It will take longer, but will be cheaper. Drawing up a property donation agreement through a notary is more expensive, but faster and more reliable. The choice of method should be based on the personal desires of the parties, their capabilities and other nuances of the case.

Do I need to have the contract certified by a notary?

If the apartment belongs to different owners, the gift agreement must be certified by a notary. The exception is certain situations when you don’t have to go to a notary’s office:

  • real estate has several owners, and all transfer shares to the donee under the DD within one transaction;
  • One person owns an apartment and wants to give a share to another.

Case studies:

No. 1. Several owners.

The apartment is owned by the spouses, the shares are allocated. They decide to register a DD for their common child. For this purpose, a tripartite agreement is drawn up, where the parties are the mother, father and minor. One of the donors acts on behalf of the latter - he signs for the child, because he is under 14 years old. The DD is registered in Rosreestr, and ownership passes to the donee.

No. 2. One owner.

A citizen owns an apartment purchased before marriage and decides to donate ½ share to his wife. The donor and donee draw up a DD, then contact the MFC to re-register ownership.

Legal advice: be careful when donating shares in a marriage. In the event of a divorce, the ex-spouse will retain ownership of part of the property and will not be able to evict him. Real estate acquired during marriage through a gift is not subject to division (Article 36 of the RF IC).

Cost of notary services

Notaries charge 500 rubles to certify the consent of the spouse. Certification of DD is much more expensive. According to Art. 333.24 of the Tax Code of the Russian Federation, the state duty is 0.5% of the cadastral value of the donated share, minimum 300, maximum 20,000 rubles.

If the deed of gift is drawn up by a notary, you will have to pay an additional 5,000-7,000 rubles. The cost of technical services is set by regional notary chambers.

If necessary, you can order documents to be sent for registration by a notary; the service is provided free of charge. Previously, it was paid, but at the beginning of 2020 the tariff was canceled.

Let's look at an example of duty calculation:

A man gives ½ of an apartment to a child, the cadastral value is 2,000,000 rubles.

2,000,000 x 0.5% = 10,000 rubles.

If he had a wife, he would have to pay another 500 rubles to verify her permission.

Important! If the notary fee exceeds 20,000 rubles, the specified amount is paid, because this is the maximum limit. For the calculation, the cadastral or inventory value of the donated share is used, and not the entire housing. The choice of value for calculating the payment rests with the donor.

Should I contact a notary: pros and cons

Since 1995, deeds of gift do not require mandatory notarization . The parties can do without his services: find a sample gift agreement, enter the main nuances, register the transaction in Rosreestr and transfer part of the property.

But if there are doubts that relatives can challenge the deed of gift, it is better to contact a notary.

Advantages of donating with the help of a notary:

  • an employee of a notary office carefully checks the condition of the parties: legal capacity, adequacy, sanity, absence of selfish intent, fictitiousness of the transaction, etc.;
  • a lawyer studies documents for a privatized share;
  • professional assistance in drawing up a gift agreement and an act of acceptance and transfer of an object;
  • exclusion of fraud.

Disadvantages of contacting a notary:

  • high cost of services - in addition to the state duty, you will have to pay for a real estate appraisal;
  • a huge list of documents for assessment (technical passport, extracts from the Unified State Register of Real Estate, house register, title documents, archival information, tax certificates...).

Whether to contact a notary or do it on your own is something everyone decides for themselves. If you are experiencing difficulties, we recommend that you get a free consultation from our lawyers. Experts will tell you about all the pitfalls of the deal and give a professional assessment of your situation.

Is it possible to issue a deed of gift for two people?

The execution of a property donation agreement in favor of two people is permitted by law. There are examples of such contracts for two people, where several persons act as donees. A special feature of drawing up such a gift agreement is the precise indication of the types of property or shares for each donee.

As a result, the deed of gift for the property is drawn up in simple written form, and, if desired, in notarial form. Its correct preparation is the key to a successful transaction. A gift agreement can be drawn up in favor of a minor child or several recipients.

A transaction in which two or more parties participate is called an agreement. The definition of a contract is given in Article 420 of the Civil Code, according to which it is an agreement of two or more persons (citizens) between whom civil legal relations are established. The provisions on two and multilateral transactions apply to any agreement, including donations. Special rules provided for by the Civil Code also apply to the gift agreement.

The parties to a multilateral gift agreement can be several donors and one donee, or one donor and several donees.

In accordance with such a gift agreement, its parties are simultaneously endowed with the corresponding rights and obligations inherent in a real transaction. In the case of concluding a consensual gift agreement, according to which the donor promises to give gifts to two or more persons in the future, at the first obligatory stage, rights appear for all parties to the transaction, and obligations - only for the donor, similar to a bilateral contract of promise of gift.

Features of re-registering a share in an apartment to a relative

In contrast to a single right to property, ownership of a share in some circumstances requires the agreement of the transaction with the remaining owners of the property. The fact that the recipient of part of the property is a close or distant relative does not in any way affect the course of the legal procedure. It is necessary to take into account the features of the chosen registration method and comply with the requirements of the law so that the re-registration is successful and a loved one can become the owner of the property.

The status of “share in real estate” is determined on the basis of Art. 244 of the Civil Code of the Russian Federation, which considers options for registering common or shared ownership. A share is a part of property divided into several owners, with the retention of the right of ownership, use, and disposal. In the absence of a share allocated in kind, the distribution goes evenly to all co-owners of the object.

Any of the persons recognized as a co-owner of an apartment or other real estate has the right to order the transfer of their volume of property to another person, including relatives. In some cases, in order to successfully complete a transaction, you will need to go through an additional approval procedure with the other owners of the property. The presence or absence of family ties can only affect the cost of re-registration.

The following options for transferring part of the real estate are provided:

  • barter agreement;
  • deed of gift;
  • bill of sale.

The consequences and nuances of transaction execution depend on the choice of transaction type.

For purchase and sale

To re-register part of the apartment to your relative, they proceed from the basic provisions of civil law, paragraph 7 of Chapter. 30 State Civil Code of the Russian Federation.

The law establishes that paid transactions are carried out only after agreement with the other owners of the property. The seller is obliged to offer his meters to the other owners of the property, and upon receiving a written refusal from them or ignoring a documented offer, formalize the transaction with any other contender.


One of the options for rewriting a share in an apartment is an exchange. The grounds for concluding an agreement with the exchange of property are established in the Civil Code of the Russian Federation (Chapter 31). If the requirements for the procedure are met, the registration authority will have no reason to refuse to re-register the share.

Gift deed

Most often, transactions between relatives are carried out free of charge, i.e. no charge. When concluding a deed of gift, the right to transfer one’s property in favor of another person cannot be canceled.

If the share is transferred under a gift agreement, close relatives are exempt from paying tax. When completing the transaction, you will have to confirm the presence of a close family relationship.

The donation agreement frees you from the need to coordinate the transaction with the co-owners of the property, however, you should use this re-registration option only under truly gratuitous transfer conditions. By signing a deed of gift to a stranger with the expectation of receiving the amount as if selling, the former owner risks being deceived. To cancel the transaction, it will be necessary to establish that both parties deliberately made a substitution.

Cancellation of a gift to two recipients

A donation can be canceled either by the donor on the grounds provided for in paragraphs 1, 2 and 4 of Article 578 of the Civil Code, or by an interested person - paragraph 3 of the same article. The list of such grounds is absolutely exhaustive. Let's consider each case separately:

    If the donee made an attempt on the life of the donor, one of his family members or close relatives, intentionally inflicted bodily harm on him, thereby causing harm to his health.

Such facts must be confirmed in the form of a certificate of bodily injury, testimony of witnesses or statements to law enforcement agencies.

In the event of the death of the donor, his heirs have the right to cancel the donation in court.

If the donee treats the donated property inappropriately and such an attitude poses a threat to its destruction, damage and thereby can lead to its irretrievable loss.

In this case, the donor will need to prove that the property donated by him constitutes enormous non-property value for him and the fact that he warned the recipient about this.

If the death of the donee occurs during the life of the donor.

Such a condition must be specified in the content of the donation agreement, otherwise it will be impossible to cancel the donation.

If the grounds described in paragraphs 1, 2 and 4 of Article 578 of the Civil Code concern one of the donees, then depending on how the ownership of the donated property is formalized, the consequences of canceling the donation will depend:

  • if the property is transferred into common ownership by two donees, then the donation is canceled and the property remains in the common ownership of the donor and the donee who was not affected by the cancellation;
  • if a specific share of the property is given as a gift to each of the donees and a certificate of ownership of the share in the property is issued, then after the cancellation of the donation, the property of the donee who was affected by the cancellation passes to the donor, and the property of the other donee remains with him.

Therefore, if the donor has any doubts about the donees, it is best to conclude a separate agreement for each donee.

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.


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.


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.


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.


Documents required to draw up a gift agreement:

  1. Title documents for property (original plus copy).
  2. Technical and cadastral passport (issued by BTI).
  3. Consent of the donor's spouse, certified by a notary (if there is one).
  4. An agreement signed by all participants.
  5. Extract (valid for only thirty days).

After collecting and preparing all the necessary documents, you should contact the State Register to register your agreement in the Unified State Register, write an application (using the sample) and pay the state fee. Within 11 days, specialists will register everything and issue a supporting document.

Donation agreement for a privatized apartment to a relative

As mentioned above, the gift agreement is the most important part of such a transaction. Let's look at how to compose it correctly and what should be indicated there.

Form, content

The agreement is usually drawn up on white unlined sheets of A4 paper. It is best to type the text using a computer, but if this is not possible, then filling out the document by hand is also allowed. There is no unified form of agreement, but the following information must be indicated:

  • place of preparation and date of preparation of the document;
  • name of the agreement;
  • full data of the donor and recipient;
  • an indication of the degree of relationship between the parties to the transaction;
  • securing the donor’s voluntary will to transfer a share in the apartment and the recipient’s consent to accept it;
  • description of the property (part of the housing): address, square footage, etc.;
  • the basis for the emergence of ownership rights of the person taking away the property;
  • determining who will bear the costs of completing the transaction;
  • signatures of the parties, the date of their affixing.

The gift agreement does not require mandatory registration with a notary, that is, after drawing it up, you can immediately contact the registration authority.


Since deeds of gift are usually of the same type, you can use the link below, make changes to it and print it.

Pros and cons of donating an apartment

That is, there are two options. Second. If you want to sell where there is a minor child as the owner and you don't want to purchase anything in return, you will still have to allocate the child's share somewhere else, such as in a grandparent's apartment. Can a husband give his wife his share in the apartment? How to register a donation of part of an apartment that is in shared ownership?

Without paying personal income tax of 13%, housing can be transferred to family members and close relatives of the donor. The Family Code of the Russian Federation clearly regulates this category:

  • Spouses;
  • Parents and children;
  • Adoptive parents;
  • Grandparents, grandchildren;
  • Brothers and sisters who have the same father or mother.

The document is registered either at the Registration Chamber or at the MFC; for this, both parties must appear at the registration office with the originals of the deed of gift, as well as a copy of the agreement.

State duty, expenses, taxes

Here a lot depends on who, to whom and in what amount transfers. Let's consider the main types of expenses and their size:

Type of expensesSum
Notary services (if required)About 5000 rubles. There are no specific amounts or requirements, everything is individual.
State duty2000 rubles*share (see the example below for more details).
Extract from the Unified State Register of Real EstateFrom 300 rubles.
Extract from the house registerFrom 200 rubles.
Personal income tax for residents of the Russian Federation13% of the cadastral value
Personal income tax for non-residents of the Russian Federation30% of the cadastral value

Example of calculating the amount of expenses : One of the family members decided to transfer a share in a privatized apartment to a relative. Its share is 50% of the entire apartment. The procedure will be completed through a notary, the cost of which will be 5,000 rubles. The state fee for registering property rights in this case is 2000 * 0.5 (50% of the entire apartment) = 1000 rubles. For the transaction, an extract from the Unified State Register and the house register is required. This is another 300+200=500 rubles. Thus, the procedure will cost 5000+1000+500=6500 rubles. If the donee were not a relative, he would have to pay another 13% of the cadastral value of the received share as tax (or 30% if he is not a resident of the Russian Federation). Let's assume that the cadastral value is 1,000,000 rubles. The share is 50%, its total price is 500,000 rubles. 13% from here is 65,000 rubles. 30% from here is 150,000 rubles.

How to give part of an apartment to a wife from her husband and vice versa

9111 Gift deed is common between relatives, such as spouses.

You can donate jointly acquired property or personal property of each family member.

Such real estate transactions are not subject to tax and allow you to effectively dispose of expensive property. A spousal deed of gift has some design features that must be observed. Donating a share of an apartment between spouses is permitted by law and is a fairly common legal procedure. Most often, we are talking about a gift of gift when one of the spouses decides to protect their half from the possible division of their share of property after death. The heirs of the first priority according to the law include the parents, spouses and children of the owner of the property.

In other words, the spouse's share will be divided among those whom he does not want to see as heirs. Even if there is a will, there is

Rights and obligations of the parties

A deed of gift can only be drawn up voluntarily, that is, the transaction must have the consent of not only the donor, but also the donee. If a close relative does not want to accept a share in the apartment as a gift, then he can refuse the transaction and not explain the reasons for his refusal.

This category of transactions is free of charge. The donor receives nothing in return from the recipient. For this reason, the donee is not obliged to perform any reciprocal actions in favor of the donor. If the parties agree on any mutual settlements, then they cannot be included in the terms of the deed of gift, since in this case it will lose its legal force.

It is extremely difficult to cancel a deed of gift. The donor is deprived of the donated share in the apartment, all ownership rights are transferred to the donee. No conditions can be included in the deed of gift. The donor cannot indicate that the deed of gift will come into force upon the occurrence of any circumstance. Thus, a deed of gift, where the gift is transferred subject to further residence in the donor’s apartment, will be declared invalid.

However, according to the law, a deed of gift can be drawn up as a promise to transfer a share in an apartment after the occurrence of certain events. For example, such events could be the recipient’s marriage or his coming of age. Agreements of this type should be drawn up extremely carefully, because in the event of a sudden death of the donee before the deed of gift comes into force, the right to a share in the apartment will pass to his heirs.

Just like a regular deed of gift, a promise of gift agreement can only be in written form and is subject to mandatory registration in the Unified State Register. You cannot replace a will with this document, specifying the death of the donor as a condition for entry into force, since the document will be declared void.

Is it possible to draw up a deed of gift without the consent of the spouse?

It is possible to draw up a gift agreement without the consent of the spouse when the property being transferred as a gift was acquired by the donor before marriage. In addition, if the donor received it by inheritance or as a gift, then it is recognized as his personal property.

Property purchased during marriage using the joint funds of the spouses, in the case where one of them is the donor, always requires the consent of the second spouse. If the agreement is drawn up without such consent, then registration of the right will most likely be refused. In addition, the second spouse can always challenge the deed of gift if he did not consent to the transfer of property.

Apartment status

Real estate (subject of donation) must first be privatized. Otherwise, the donor simply does not have any right to give anything. Upon privatization, the donor may not be the full owner, but only the owner of a share of the housing.

Despite the fact that the privatization rush has long subsided, there are still a lot of apartments in the housing stock that do not belong to those who live in them. This point is important. Usually, as a result of privatization, there is not one apartment owner, but several. Many more apartments are listed as municipal or state property, and the people living in them have the right to take possession of housing for free once in their lifetime. Privatization does not mean that a citizen can simply acquire ownership of an apartment. We are talking about the housing stock that was once distributed, and the residents simply transfer their living quarters from municipal or state property to personal ownership. That's why it can only be done once.

When drawing up a gift agreement, essential information will be required: specific characteristics of the housing.

  1. Address.
  2. Floor.
  3. Square.
  4. Cadastral number.
  5. Number of rooms.
  6. Gas, electricity, heat supply and so on.

All this data will be required when preparing a package of documents; in addition, they are used when preparing the text of the gift agreement.

Is it possible to draw up a deed of gift without the donee?

Drawing up a gift agreement requires the participation of everyone who is a party to the transaction. The donor and the donee must not only agree and develop the text of the gift agreement acceptable to them, but also sign the document.

However, there is a way out when the recipient’s presence is impossible or inconvenient. To do this, the donee can issue a power of attorney to the representative and instruct him to replace himself in the process of drawing up the contract. In this case, the power of attorney must be notarized, limited in duration, and it contains the entire list of actions that the representative can perform.

Special conditions of donation

A relative acting in the status of a donee is not obliged to accept a gift; there is no guarantee that the donor’s ideas initially suit the donee or were agreed upon with him. It is not uncommon for a situation where a gift of real estate is not a benefit, but a serious burden and a significant burden on a person burdened with family relationships.

If a relative unexpectedly finds out that an “immovable” but unexpected and clearly inappropriate gift is being made to him, he can refuse it at any time before registering the transfer of rights to him. The agreement will not take place. Such refusal is made in writing.

The donor may not fulfill the contract when significant circumstances unexpectedly arise:

  • the situation or health of the donor has deteriorated, which radically changes the possibilities of making a gift;
  • an unlawful act has been committed against the donor or his relatives and the person to whom it was planned to donate the rights to the real estate is suspected.

Any option for terminating the contract does not give the recipient the right to demand compensation for losses. Actually, in such a situation there is no gift, no giver, no recipient.

The rules and provisions of the contract and additional agreements are confidential and not subject to disclosure.

A characteristic feature of donation is that significant material benefits are transferred from the possession of one person to the property of another person free of charge. The state's interest in such agreements is understandable and objectively justified.

The factor of the real possibility of covering up selfish interests (registering the sale of real estate under the guise of a gift, for example) is obvious and competent government agencies are studying this kind of situations.

But the psychological aspect and the specifics of family relationships in the context of the gratuitous movement of material goods should still be kept in mind. For example, not only the donee can strive to receive a gift and go out of his way until the right is formalized, and then neglect the donor in any unsightly form.

Achieving an unlawful goal is not excluded on the part of the donor. Without being able to sell property, for example, there is a lawsuit going on, so any movement of material wealth can be blocked according to procedural law, be it civil or criminal proceedings. But gift deeds are less visible in terms of moving tangible things, including real estate rights. Giving children their own apartment is a noble gift! For example, to offset alimony that was not paid on time for the entire time when it should have been done.

Such a transaction is invisible, and in return such a “practical” donor, for example, receives a car registered in the name of another person, or money, or other living space.

Relatives can come up with a sufficient number of options for using gift agreements. And it’s good when these options exist in accordance with the rules of law regarding the movement of material goods and established moral values.

Concept and parties to the gift agreement

A gift agreement is a civil document under which one party, called the donor, gratuitously transfers (obliges to transfer) certain property to another party, called the donee, or releases (obliges to release) the other party from a property obligation. Gratuitousness is the main feature of a gift agreement. Although property, at the same time the very property that is donated, has its own price, its value is not directly related to the legal relations of ownership. A necessary condition for the transfer of a gift from one person to another is that the first person owns the rights to the transferred property.

A gift can be performed either simultaneously with the transfer of a thing or property right (a real transaction), or in the form of a promise to give a gift to someone after a certain period of time (a consensual transaction). In the latter case, the moment of conclusion of the contract does not coincide with the moment of transfer of the gift to the donee. The legal relationship between the donor and the donee under a real and consensual gift agreement differs from each other. The rules and regulations of the Civil Code mainly govern either one or the other transaction.

However, in some cases, a deed of gift may contain a counter-obligation to the donee, which will not discredit the transaction.

On the one hand, this gift agreement seems to contain a counter-provision to the donee. But on the other hand, the donor does not receive anything new from their performance of this duty. It can be assumed that the rights that, according to the agreement, remain with the donor, are simply not part of the gift. From the above example, it follows that a deed of gift can be bilaterally binding, reciprocal, but at the same time gratuitous.

This sign of donation, relating it to contracts, is essential. Without acceptance of the gift by the donee, the donation as a transaction will not take place, and the agreement will be considered not concluded.

Other features arising from the gratuitous nature of the contract in question are:

  • reduction of the donor's property;
  • accordingly, its increase in the donee;
  • the donor's intention to give.

All these features of a gift agreement are interrelated, and regardless of the importance of one or another, they are necessary for the gift to be considered a valid transaction.

The validity of a deed of gift is also affected by the legal capacity and capacity of its parties. Thus, the law provides for the opportunity to make a gift and be a recipient of almost all subjects of civil law. They can be individuals and legal entities, as well as the state itself, its subjects and municipalities. However, for some of them there are prohibitions and restrictions in the legal relationship of donation on one side or the other.

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