Is it possible to donate a donated apartment if the donor is alive?

Legal basis for the transfer of real estate

As you already know from our article on registering a deed of gift, the main document of this transaction is the deed of gift, registered in the branch of Rosreestr at the place of residence of the party receiving the apartment.
It is this document that gives the new owner of the property the right of ownership, after which he has the right, as an owner, to dispose of the housing as he wants (donate, exchange or sell, it makes no difference).

In turn, the new owner will also now have the right to dispose of the housing at his own discretion, including transferring it again to any other person.

As you can see, the transfer process can be carried out as many times as the owners of the property wish. At the same time, every new time you will need to draw up a new transaction and register a new deed of gift.

Having completed a gift transaction, having gone through the process of formalizing and registering a gift document, the donor will lose all rights to the property that previously belonged to him, and they will pass to the donee. These actions take place free of charge.

After completing the legal procedures, the donee has the right to possess, dispose of and use the donated property at will. This means that after a citizen has acquired the right of owner, he is endowed with all the powers associated with ownership - legal disposition over the gift.

Is it possible to transfer an apartment received by gift to someone? A person has the right to sell, bequeath (transfer to heirs), lease, mortgage, donate or refuse inheritance at his own discretion.

So, to the question - is it possible to re-donate a donated apartment and whether it is possible to re-donate a deed of gift for a private house - there is a clear answer: it is possible to re-donate an apartment. In this case, you cannot rely on the existing gift document.

You will need to go through the registration stages again to conclude a gift agreement. After the new deed of gift comes into force (this moment occurs after registration), the new one (the donee) becomes the legal owner.

Regarding the question, is it possible to transfer an object (apartment) back to a person (donor)? From the date of registration in the Rosreestr service, he can own the property and carry out all transactions with it at his own discretion; he has the right to transfer the object to other persons, as well as back to the donor.

Therefore, if necessary, it is possible to transfer an apartment or another piece of real estate many times. Each new action must be accompanied by the execution of a new gift agreement.

Notarization of the document is required, and registration of the transfer of property rights in Rosreestr is also necessary. It is important that there is no such definition as “transfer” in the law. Registration is regulated by the Civil Code of the Russian Federation. 32.

There are no time limits in the process of transferring objects. The procedure for donating real estate can begin immediately after completing the donation process (taking an extract from the Unified State Register). This document indicates ownership.

But, there are some exceptions. The deed of gift specifies certain conditions necessary for the donee to enter into the right of use.

For example, if the deed of gift includes clauses according to which the donee has the opportunity to register the property only after the death of the donor. Until this time, disposal of property is not the right of the recipient. He cannot transfer or dispose of it until the fact described in the deed of gift occurs.

The main stages of donating property: Draw up a donation agreement in simple written or notarial form. Collect the necessary legal documents. Pay a fee for the activities of civil servants. In certain cases – property acquisition tax.

Visit the regional registration state body and fill out a sample application with a request to formalize the transfer of property rights.

The property tax for individuals applies to owners of the following property (Clause 1 of Article 401 of the Tax Code of the Russian Federation)

Where to begin?

• You discuss with the future recipient all the terms and nuances of the transaction; if the person agrees, then you need to proceed to a new stage.
• Then you visit a notary and discuss the details with him. If all parties are satisfied with everything. Then you should bring the old gift agreement, a list of required documents, such as: internal passports, all documentation for the apartment, the previous gift agreement, and an application. Additional paperwork may be required if spouses and children are involved in the process.
• A new gift agreement is drawn up indicating the personal data of all participants, the date of the event, information about the apartment, signatures of both parties and the notary present.
• After completing the deed of donation, you need to register the transaction with Rosreestr, after which the recipient has the right to own the property, and now he is the full owner who, like the previous owner, can dispose of the housing at will.

Procedure for transferring a gift

The procedure for transferring real estate is essentially a new donation transaction. Therefore, the registration procedure is the same as the first time. The conclusion of the contract is carried out in several stages:

1. Writing an agreement.
2. Collection of papers for registration actions.
3. Payment of duties to the state budget.
4. Contact the Rosreestr branch, the Cadastral Chamber or the Multifunctional Center to submit an application for registration.
5. Repeated visit to the registration institution to obtain a certificate.

Is it possible to transfer a deed of gift for an apartment? Or donate the house received by deed of gift? The law does not prohibit the implementation of these expressions of will, including the return of a gift back to its donor.

A citizen, becoming an owner, is endowed with all rights and can independently dispose of a gift received from someone.

Owners can transfer movable and immovable property (including an apartment, a house) to whomever they want.

But the legislation provides for a list of persons who are not allowed to perform these actions (donations) from clients and people related to them. This list includes:

• civil servants;
• municipal employees;
• medical workers, and teaching staff (schools and other children's institutions).

Despite the prohibition in the law, in reality, employees of multifunctional centers and Rosreestr do not check the status of the person receiving the donation.

But you can transfer donated property - an apartment or a house - back in accordance with Article 578 of the Civil Code of the Russian Federation, which describes the case when a donation is returned to the donor:

• with the personal voluntary expression of the will of the recipient;
• or the donor demands that the donated property be returned (such actions are resolved in court);
• if the court recognizes the invalidity of the deed of gift.

In order to return the donated property at the will of the real owner, you must go through the usual legal procedures implied when registering a gift.

Who will be allowed to donate an apartment?

Is it possible to donate a house with a mortgage? What about an apartment? For a bank, changing a borrower is a troublesome process. Donating living space for which the debt has not yet been repaid implies that not only square meters, but also loan obligations are transferred to the new owner. He will have to make monthly payments in the future, pay for insurance, etc.

The likelihood of approval of the transaction increases if the original borrower has paid more than 50% of the total amount under the agreement.

Accordingly, the recipient's candidacy is subject to careful consideration and study. The new borrower must be solvent and within the age limits established by the specific lender. And the “old” debtor will definitely be required to prove the reasonableness and necessity of such a transfer of obligations.

If we are talking about the presence of a serious illness, an extract from the medical record and a certificate from a specialized doctor will be useful. If the financial situation worsens - a dismissal order, a copy of the work record book or a 2-NDFL certificate.

Important! If the lender's security service decides that the risks of non-repayment of funds increase with a change of owner, the transaction will be prohibited.

Below we consider the attitude of credit structures to different categories of persons - apartment recipients.

Recommended article: Mortgage under an equity participation agreement secured by rights

How to re-issue a mortgage to another person: procedure and conditions is detailed in another article.

The apartment is transferred to a minor or relative

Is it possible to give an apartment with a mortgage to your daughter or son? The option is unlikely if he is not yet 18 years old. He is considered incompetent and does not yet have his own income sufficient to pay off the debt. In 99% of cases, the bank will not agree to a change of owner.

Assuring parents that they will take over the loan payments themselves or going to court to recognize the recipient as legally competent will not help. Banks insure against such risks and in most cases stipulate in the agreement a ban on transferring property to a minor.

If, for various reasons, the borrower wants the apartment or house to go to a specific son/daughter/nephew, he can draw up a will and have it certified by a notary. This procedure is not prohibited by law.

Is it possible to gift an apartment with a mortgage to a relative? Yes, provided that he meets the bank's requirements, is solvent, has not reached the upper age limit set by the lender, and does not have his own credit obligations.

Lenders do not approve the procedure of gifting real estate to elderly people, regardless of the degree of relationship. It is believed that the only stable income is a pension, but it will not be enough to pay off the debt. An exception is the provision of additional collateral, guarantors or co-borrowers.

Gift recipient - spouse

In accordance with current legislation, spouses automatically become co-borrowers under the Credit (Mortgage) Agreement and co-owners of the purchased property.

Important! Banks strongly “recommend” registering living space not as shared ownership, but as common joint ownership.

There are only two cases when a spouse is not included in the list of co-borrowers:

• he/she is not a citizen of Russia. Some banks refuse such restrictions and issue loans to residents of the Russian Federation. But most of the creditors are conservative, not wanting to cooperate with those who can leave the country at any time and never return here;
• The spouses entered into a prenuptial agreement providing for separate ownership of real estate. In this case, the husband/wife does not become co-borrowers and cannot claim a share in the purchased apartment.

The process of donating a mortgaged apartment to a spouse is considered inappropriate and is not practiced. Initially, the contract implies a community of ownership, and therefore responsibility. There may be exceptions, but in a very limited number of cases, for example:

• the loan agreement was signed by the husband/wife before marriage;
• The apartment was purchased during marriage, but the union broke up. One of the spouses wants to get rid of unnecessary property and transfer it to the other.

Recommended article: Termination of a purchase and sale agreement with a mortgage

Regardless of the reason for the transfer of square meters, the bank will assess the recipient’s solvency, taking into account all the requirements and rules in force in the credit institution.

Donating an apartment to a co-borrower

Co-borrowers are special people in the relationship between mortgagees and title borrowers. They are fully liable for debts to the creditor, but do not always claim square meters. Is it possible to gift an apartment with a mortgage to a co-borrower (not husband or wife)? The issue requires separate consideration.

The relationship between the main debtor and each co-borrower is governed by additional agreements. For example, he is allocated a share in an apartment in the amount of 25-30-40-50%, provided that he deposits the required amount into the lender’s account. If the main debtor, for various reasons, stops paying under the agreement, the bank automatically switches its attention to the co-borrower. He won't even have to go to court for this.

Transferring the debt to a co-borrower is possible (the situation when a husband/wife becomes a co-borrower was discussed earlier). For example, the main debtor wants to transfer both obligations and property to a second person specified in the contract due to health reasons, due to the inability to make payments in the future.

Important! Regardless of who the borrower wants to give his property to, the lender will calculate his risks. If, based on the results of the analysis, it is decided that the likelihood of non-return of money increases, the transaction will be prohibited.

In order for the lender to treat the procedure favorably, the recipient must have an income higher than that of the current payer. He should not have debts in banking structures or negative entries in his credit history.

Is it possible for a co-borrower to take out a mortgage and how to increase the chance of approval - is described in detail in another article on our website.

Transfer procedure

Transfer has specific features from a legal point of view. Is it possible to re-donate an apartment received by a person under a deed of gift? How can this be done? Let's consider the options for registering a gift in more detail.

Stages of donation:

1. Drawing up a new deed of gift.
2. Have the deed of gift certified by a notary (this is a mandatory point when preparing documents).
3. Passing state registration of rights.

It is necessary to contact the municipal office of Rosreestr, or the MFC at the location of the object.

Submission of documents is carried out by sending a registered package by mail with a receipt notification, or through the Internet - the official website, or the State Services portal.

Documents required to complete the registration procedure:

• applications from the parties to the donation regarding registration;
• passports of citizens of the Russian Federation (both parties);
• receipt of payment of state duty in the required amount;
• documents of law for the object of donation (direct deed of gift - gift agreement);
• a document that confirms ownership (this is a certificate, an extract);
• a certificate from the place of registration about registered persons in the property being donated (houses, apartments) or a unified housing document (UZhD). This certificate is obtained from the Management Company (MCC). If a transaction is made through the MFC, this document may not be required.

Basic Rules

When going through the procedure of registering a gift or transfer, as in any transaction, there are details and features that should be taken into account. For example, such aspects:

• The deed of gift can be canceled within a period of up to three years from the date of registration. It is necessary to prove that the transaction was carried out under pressure or due to a fraudulent offense by one party;
• in the case where the recipient is unable to personally be present during the procedure for drawing up the contract, he can be replaced by an authorized person who acts under a notarized power of attorney;
• As a result of the transaction, the parties have a written document (the original deed of gift). A third copy of the deed of gift is required for the Rosreestr body;
• when transferring property to an incapacitated or minor person, the legal representative or guardian gives his approval for the transaction;
• If the donor is married, then the notarized consent of the spouse is required.

If it is necessary to transfer part of a house or apartment that is in common ownership, an officially written agreement of all owners is required.

We invite you to read: Leave for the loss of a close relative

Sometimes it is possible for Rosreestr to refuse the transfer of rights, which can be explained by two reasons - there were errors when drawing up the gift agreement or, perhaps, some necessary documents were not provided.

Is it possible to transfer a donated apartment to a relative?

Is it possible to transfer a donated apartment to a relative? The desire to become the owner of real estate is currently very conditional. The fact is that many of us strive to receive an apartment under a gift agreement, because in this case there are many concessions to the execution of the corresponding agreement (in particular, you will not have to pay taxes, etc.).

Is it really possible to give a donated apartment to your relative? Is it possible to formalize such a situation? Let's look at this situation in more detail.

So, getting real estate free of charge is quite simple. It is important that all conditions for registering a deed of gift for real estate are met. The main document by which your ownership of the new property will be secured is the deed of gift. It must be registered with Rosreestr, because only from this moment can you easily use the property for personal purposes (sell, give, etc.).

As a result, the mechanism for transferring property from a legislative point of view is very simple. You will simply need to draw up a new gift agreement, and also register it correctly in ROSREESTR https://rosreestr.ru/site/. In this situation, the ownership of the property that you received as a gift from its previous owner will be transferred to the new donee. Please note that the transfer process can be carried out as many times as the owners of real estate want to do it. True, you will always need to draw up and register a new deed of gift in the Rosreestr.

It is worth understanding that the transfer of an apartment that you received under a gift agreement will begin from the moment you issue a new deed of gift. The agreement is a standard one, which contains information about all subjects and parties to the agreement. In addition, the new gift agreement must be in writing. At the same time, it is not mandatory to register it with a notary. This may come from the parties and their personal expression of will. Please note that each of the gift agreements must undergo a mandatory procedure for registering property rights in Rosreestr. Otherwise, such a deed of gift will be declared invalid. Therefore, before donating an apartment, take full ownership of your rights, and only then draw up a new gift agreement.

If you want to read whether you can donate an apartment after a divorce, follow the link.

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How to draw up an agreement?

The form of the gift agreement must comply with the requirements established by Art. 574 Civil Code of the Russian Federation:

• If the property belongs to a legal entity and its value exceeds 3,000 rubles, the transaction is subject to state registration;
• After 01.03.2013 there is no need to register a deed of gift: it is certified by a notary, and subsequently the ownership right is registered.

There is no unified form of deed of gift, but when drawing it up, it is necessary to reflect the following information:

• Data of the donor and recipient: full name, date of birth, passport details, registration address;
• The essence: transfer of an apartment by way of donation. You will need the address of its location, information about property documents;
• Estimated value of the property (an assessment from experts is not needed, the price is determined by the parties. It will only be required when paying personal income tax);
• Consent to accept the apartment;
• Transfer of all obligations for paying taxes and all payments relating to the donated property to the donee;
• When will the gift be transferred?
• Who pays the costs of completing the transaction;
• Signatures of the parties, signature and seal of the witness (notary).

The agreement is drawn up directly with the notary. When contacting him, you will need an application, a receipt for payment of the state fee for notarial acts, real estate documents and passports of both parties.

Before writing a deed of gift, you need to prepare documents. These include the following:

• Passports of the parties.
• Title papers for real estate.
• Cadastral document.
• Permission from the wife or husband to enter into a transaction. It is required only if the property being transferred as a gift is property acquired by the spouses in an official marriage.

Additional paperwork may be required depending on your specific situation.

The agreement specifies the passport details of the parties to the transaction, a detailed description of the apartment, the citizen’s consent to accept the gift, the presence of a title document, the rights and obligations of the parties.

Transaction price

It is possible to carry out transactions of donation of the same property indefinitely, despite this, it should be taken into account that this is a paid procedure. When registering, you will need to pay:

• fee for registration of property rights;
• notary services (the amount depends on the price of the object of donation), if you turn to them for help;
• income tax (13 percent), if ownership of the object is not transferred between close relatives.

Tax payment is obligatory for the recipient citizen. Tax is charged on gifts that do not occur between immediate relatives, but also between family members. The tax amount is calculated based on the cadastral price of the property.

Material expenses incurred during the preparation of documents will be borne by the recipient.

State duty amount

After concluding a gift agreement, registration steps must be carried out so that the recipient becomes the full owner of the apartment. The authorities of Rosreestr are dealing with this issue. For the issuance of a certificate of ownership, a citizen is required to pay a state fee.

The amount of the fee differs depending on what type of real estate is registered. In this case, the fee is 2 thousand rubles. This amount is provided for registering an apartment or private house. If ownership rights were transferred to a land plot, the fee would be only 350 rubles.

What documents will be needed to register a donation?

To donate an apartment with a mortgage, if the lender has given his permission, the following documents will be required:

• civil passports of the donor and recipient;
• documents confirming ownership of real estate (extract from the Unified State Register of Real Estate, purchase and sale agreement);
• technical passport for the facility;
• consent of the spouse if the property was purchased during marriage;
• an extract from the house register or a certificate from the passport office with information about those registered;
• certificate from guardianship if the rights of minors are affected;
• documented permission of the lender.

Recommended article: Which bank to take out a mortgage on a land plot (documents, requirements)

The donation agreement specifies:

• information about the donor, recipient and mortgagee;
• reference to title documents - basis of ownership;
• object parameters (number of floors, area, number of rooms, etc.) based on technical and cadastral passports;
• the rights and obligations of each party under the agreement and a reference to the fact that the property is transferred free of charge.

A separate clause in the contract states that the recipient knows that an encumbrance has been placed on the apartment or house. The recipient agrees that he accepts not only the property, but also all obligations associated with it, including debts on interest, penalties and fines. The agreement is signed by the donor, recipient and representative of the creditor bank.

Is it possible to donate a share of an apartment in a mortgage? Will the application procedure be different? If the borrower wants to transfer not all of the living space, but part of it, to a relative or a complete stranger, the bank’s permission and the drawing up of a tripartite agreement will also be required.

Summary

Is it possible to transfer a deed of gift for real estate (apartment)? Is it also possible to transfer a deed of gift? Lawyers sometimes hear these questions. To transfer real estate received as a gift, a citizen can begin the process after he officially registers the property in his name and becomes the full owner.

To avoid refusal to formalize the transfer of rights, you should seek the help of a lawyer. A professional will be able to correctly draw up any type of document, including a gift agreement. He will correctly prepare the required package of papers and will also provide for all the nuances that often arise when resolving such cases. There is an important addition - during the transfer of real estate, the first copyright holder can challenge the transaction in court if he considers the actions illegal.

What documentation is required for registration?

When contacting the Rosreestr office, a citizen must have the following package of documents with him:

1. Application requesting registration.
2. Title papers.
3. Cadastral document.
4. Donation agreement.
5. Extract from the Unified State Register.
6. Consent of the spouse when transferring property acquired during marriage.
7. Appraiser's conclusion.
8. Permission from a legal representative or guardianship authority with the participation of a minor.

The documentation is transferred to Rosreestr or the Multifunctional Center. Nowadays, most people turn to the MFC. This greatly simplifies and speeds up the registration procedure.