A fairly common way to alienate real estate is to transfer it to another person through donation. At the moment, there are two ways to donate an apartment: to make a gift on their own or at a notary public.
What rights does the gift give and how to present a donated apartment? This is what will be discussed later. Below we will consider how to give an apartment to mom or other relatives or unauthorized persons, what tax will need to be paid to the person who accepts the gift.
Features of the donated property
Like any transaction, a gift has its positive and negative sides.
The main plus of the gift agreement is that it does not require justification of the decision of the owner, even if the housing is donated to a completely stranger. By gift agreement it passes into the ownership of another person free of charge, and a person who accepts a gift of real estate will be able to dispose of the apartment at its own discretion, namely: to sell, lease, inherit by will and give.
Another feature is that you can transfer as a gift both the entire apartment and a certain share of it.
The main disadvantage is that even after the donee draws up a certificate of ownership, this contract can be challenged in court. If everything is arranged as it should and as required by law, then it will be practically impossible to terminate it.
How to give an apartment
Regardless of which contract is the basis for registration of ownership of housing, the donation procedure is always the same. And therefore, when answering the question of how to present a donated apartment, one should consider the process of registering real estate as a property after drawing up a gift agreement.
So, first of all, you need to issue a gift. As already mentioned, it can be compiled independently or with the help of a notary.
Rules for self-registration of a gift
First of all, it should be understood that an agreement on the donation of an apartment must be made in writing. It is important to know how to properly present an apartment. The following data must be included in the contract:
- Name, registration and passport data of both parties (the donor and the donee);
- the full name of the property and the address at which it is located;
- characteristics of the apartment, such as the floor on which the apartment is located, and the number of storeys of the entire house;
- it is necessary to indicate the contract of foundation on which the donor in due time became the owner of the housing;
- The contract must be signed by both parties.
After drawing up the contract, it must be registered with the MFC or the Federal Registration Service. To do this, both parties must come to the specified body and there they put their signatures in the agreement in the presence of the registrar of the institution, as well as pay the state fee for registering the agreement and submit the following papers:
- passports of the donee and donor;
- an agreement that has been drawn up;
- papers on the basis of which the donor became the owner of the home and a certificate of title;
- statement of the number of registered people in the apartment;
- power of attorney for the trustee, if the donor is not personally involved in the execution of the gift.
It is very important to provide the originals of the above papers along with copies. Together with them, it will be necessary to fill out and submit special application forms for registration of the contract.After the registrar checks the entire list of securities and signs the donation contract by both parties, he will accept them for re-issuance, he will only give passports and a receipt on receipt of documents. It will indicate the date when you can come for a new certificate for housing in the name of the donee.
After receiving this certificate, the new owner can dispose of the property. And in order to issue another gift, you need to follow the instructions above, since you can give a donated apartment to anyone on the basis of a new certificate of ownership.
Rules for issuing a notary deed
If there is doubt about the fact that one of the relatives will remain dissatisfied with the fact that the owner donated his housing to another person, and subsequently sues to challenge this decision, it is better to issue a gift certificate in a notary's office. The notary during the trial regarding the legality of the gift will be able to act as a witness and convince the court that the donor expressed a voluntary desire and was in his right mind at the time of the donation. Such a contract with a notary will be more costly, but at the same time more reliable. The notary will need to present the following documents:
- passports
- documents for the apartment;
- extract from the Unified State Register;
- statement of registered persons at the address of the apartment.
After completing and checking all the papers, the notary will designate the day when the donee will be able to receive a certificate of the right to housing given to him.
How to give an apartment to a child
About how to give an apartment to a minor child, few know. Therefore, it is worth considering in more detail the list of additional documents and the procedure for their receipt. First of all, when giving housing to a young child, a written permission must be obtained from the guardianship authorities and parents (adoptive parents). If at the time of signing the contract the child is not 14 years old, then his presence is optional, his representatives can sign the contract instead, but if the child has already reached the age of 14, he must come in person to draw up and register the contract.
To obtain such permission in the custody, both parents should come in person to the appropriate institution and write a statement. Moreover, the presence of a child who is already 14 years old is mandatory.
Written permission from parents will be sufficient without special notarization.
How to give a share of an apartment
For registration of the gift of being the owner of the whole apartment is not a prerequisite, since you can also give a share of the apartment. The process of registering a gift for part of the housing is no different from giving a whole apartment. The whole procedure of registration is described above, after registration, the donor will receive a certificate for his part of the apartment and will be able to dispose of it as he pleases.
Calculation of tax on donated housing
How to give a part of the apartment to a relative, we have examined. But one should find the answer to the equally popular question of how much money the donee will have to give to the state as a tax.
So, when donating to an unauthorized person, the latter will be charged a tax of 13% of the market value. If the apartment passes from hand to hand between close relatives, then the tax is not paid. Such cases include:
- Giving between husband and wife.
- Giving between children and parents.
- Giving between grandchildren and grandparents.
- Giving between blood brothers and sisters.
Gifted non-residents must pay a tax of 30% of the market value of the real estate transferred to their ownership.
Gift pitfalls
The apartment certificate received upon registration of the deed of gift gives the right to dispose of it to the new owner as he wants. He can either sell the donated apartment, or present or bequeath it to another person.It is worth noting that after this termination of the contract is impossible, since the property has been transferred to other owners.
When donating housing to a stranger, it is possible to stipulate the condition of the donor's permanent residence in the contract. Thus, the donor can protect himself from a possible forced eviction.
If the donor is married, it is very important when obtaining a gift to obtain the consent of the second half to the gift. It does not matter how the apartment became property. This condition is mandatory in any case. How to present a donated apartment is a rather serious question, the answer to which is not so complicated, if you understand how the whole procedure should take place. In this case, the correct execution of documentation will guarantee that the transaction will not be terminated by third parties.
You can terminate the contract during the year, provided that the housing does not become the property of other persons.
