Donation agreement for a share in the right of common shared ownership of an apartment

Sample agreement for donating a share of an apartment to a relative, husband or wife - deed of gift

Drawing up a gift agreement for a share of an apartment follows the same rules as writing a document for a minor. The necessary documents are also collected, the deed of gift form is downloaded and the lines are filled out.

In some cases, consent will be required from close relatives. Do you need it? The notary will tell you about it.

A ready-made form for a donation agreement for a share in the ownership of an apartment can be

This is what a contract for donating a share of an apartment to a relative looks like:

The contract must include:

Complete, detailed information about the persons entering into the transaction. For example, their passport details, residence and registration addresses.
Information about the object of the transaction.
Names of documents that confirm property rights.

Remember that a correctly executed deed of gift cannot be contested. Of course, the donee may refuse to accept the gift - but, in any case, he will have to challenge the agreement through the court.

How to transfer a share in an apartment to a relative through the MFC (free)

The transfer of a share in an apartment to a relative will be considered completed after the completion of registration of ownership rights and receipt of supporting documents.

To register the donation of a share, you can use the services of the MFC . You can get acquainted with the list of nearest centers, their powers, operating hours, and also make a pre-registration through the “Offices and Receptions” service.

Stages of registering property rights in the MFC:

Preparation and execution of necessary documents . The list of documents may change depending on the situation. All information can be obtained from an MFC employee or by using the online service of Rosreestr (authorization is carried out using the login and password from the State Services portal).
Payment of state duty . For individuals the amount is 2 thousand rubles; for legal entities - 22 thousand rubles.
Visit to the MFC . Both parties to the agreement must appear in person at the center along with all the necessary papers.
Obtaining documents to be issued after state registration of property rights.

The period of services provided should not exceed 15 days : 10 days - registration of property rights, 5 days - transfer of all documentation from Rosreestr to the MFC.

and consent to donate a share of an apartment to persons in joint ownership

If the property being donated is common property, then the consent of its owners will be required.

A completed spouse consent form for the donation of a share of real estate can be

The consent form looks like this:

You need to enter in it:

Applicant's passport details.
Information from the spouse's passport.
Information from the marriage certificate - series, number, date of issue.
Consent to donate this property and its share.
Property data – name (apartment), address where it is located.

The main thing is to adhere to the established template, then the consent will be properly completed.

By the way, it must be certified by a notary!

Donation with preliminary allocation of a share

Often, the question of how to formalize a deed of gift for a share in an apartment is asked by one of the spouses.
Being a participant in joint property, a husband/wife can make a gift only with the consent of his/her marital partner. If it was not possible to achieve it, the donation cannot be made. It is impossible to force a co-owner to enter into a gratuitous transaction (including through court). Any of the participants in joint ownership of real estate has the right to demand its division or the allocation of an ideal share from it. In most cases, dividing an apartment in kind is impossible. Standard layouts do not allow for separate entrances, bathrooms and kitchens.

Before writing a deed of gift for a share in an apartment, it is important for a spouse or a member of a farm to determine the size of their share and allocate it through a contract or court procedure. In most cases, the shares of former joint owners are recognized as equal.

Information about changing the regime of joint ownership to shared ownership is entered into the Unified State Register on the basis of an agreement or a court verdict. After this, each of the co-owners can freely draw up a deed of gift for a share in the apartment.

In relation to private home ownership, it is possible not only to allocate an ideal share, but also to divide it in kind. However, the allocation of an independent property is a labor-intensive, costly and legally complex process. When all the formalities are settled, the real part of the house as an integral piece of real estate will become the subject of the donation.

refusal to receive a share of an apartment as a gift

Any citizen who does not want to receive a share of an apartment as a gift may refuse to accept such a gift. To do this, you must write a written application.

A form for refusing to receive a share of an apartment as a gift can be

Please note that if a gift agreement has not been concluded, then you should simply write that you want to refuse the gift, and it is important to indicate all the information about the property.

In conclusion, we can conclude that documents can be written independently, without the participation of a notary.

Writing a contract and other papers is a matter of first importance, of course. But do not forget that the documents will still have to be certified by a lawyer.

Pros and cons of deed of gift

The gift agreement has many positive aspects for the participants in the transaction. The advantages of transferring a share in an apartment through a deed of gift are manifested in the following moments:

No preemptive right to purchase. The owner of a share who decides to donate his property to another user is not obliged to notify the other owners in writing. He has the right to donate his property at his own discretion.
Unlike other forms of transfer of ownership (purchase and sale agreement, etc.), the transaction is not subject to personal income tax, therefore, you will not have to pay a 13 percent tax.
If a share in an apartment is transferred into the ownership of a legally married person, the principle of joint ownership will not apply to this property. This means that in the event of divorce proceedings, the donated share in the apartment is not subject to division.

Along with the positive aspects, there are several disadvantages when drawing up a deed of gift:

After registering the transaction, the donor loses any rights to own and dispose of the property.
In a number of situations, the donor has the right to challenge the transaction in court, declaring it void. The legislator identifies a certain list of grounds that give the right to cancel the deed of gift. This is an attempt on the life of the donor, obtaining property through deception, fraud, blackmail and threats, in case of damage to the donated property.
If the financial situation or state of health of the donor has deteriorated significantly, he has the right to go to court and declare the transaction invalid.
The gift agreement does not provide for counterclaims to the donee. The donor cannot set any restrictions or donate property on condition of lifetime use.

How to register the donation of apartments in 2020

When drawing up a donation agreement, the parties are required to complete step-by-step actions, culminating in the registration of ownership of the donated housing in Rosreestr. Only after filling out a record about the new owner in the Unified State Register will the transaction be considered completed.

The step-by-step instructions for registering a deed of gift are as follows:

Collecting the necessary materials.
Registration, signing of the deed of gift and certification by a notary.
Sending materials to Rosreestr.
Obtaining an extract from the Unified State Register of Real Estate.

So, let's look at each step of the deed of gift registration in more detail.

First step. Collecting the necessary materials.

Each document collected must confirm the condition of the property at the time of the transaction. So, one paper confirms that the housing is not encumbered, the other shows the presence/absence of utility debts, the third confirms the donor’s right to own the apartment. What is noted in the collected materials will determine whether the home owner has the right to issue a deed of gift for his property.

Thus:

A certificate of ownership of housing demonstrates the reasons for the donor’s acquisition of the object that he decided to donate.
An extract from the Unified State Register contains information about the housing, its owners and the presence/absence of encumbrances. If the housing is seized or mortgaged, the notary will refuse to certify the deed of gift.
A certificate of the presence/absence of debt is issued on the basis of a personal account opened with municipal structures. If there is a debt, it will also be impossible to notarize the gift agreement until the debt is repaid.
Thanks to a certificate of family composition drawn up on the basis of the house register, if the housing belongs to family members, the notary will require, when drawing up a deed of gift, the consent of the family members for the gift.
A technical passport for housing can reveal redevelopment done by the owner. If they are illegal, then until the owner legalizes them, he will not be able to donate the property.

Second step. Filling out the contract.

An agreement worth more than 3,000 rubles is concluded in writing. There is no unified template for such a document, so it is filled out in a custom style. At the same time, you need to follow the generally accepted rules for filling out business papers and follow the structure of the document.

The agreement will need to show:

Name of the form, i.e. "Deed of Gift".
The date of its signing and the locality where it was drawn up.
The preamble displays the details of the parties to the agreement (full name, address, passport details, contacts).
In the “Subject of the agreement” section, you need to display the entry: “The donor gave freely, and the recipient received as a gift...”. Without a mark that the donee has accepted the gift, the transaction will not receive legal status.

Next, fill in the characteristics of the housing, outlining the address, area, number of rooms and other data corresponding to the certificate from the Unified State Register of Real Estate.

The basis on which the donor is considered the owner of the property.
Estimated cost of the apartment.
A list of persons registered in the residential area, or a display that the housing is vacant.
Marking the legal capacity of the parties to the transaction.

Confirmation from the donor about the legal “purity” of the living space.

Then fill out the section on the timing of the transfer and the procedure for executing this activity.
Next, fill in the sections in which you need to display:
Rights and obligations of the parties.
Resolution of disputes when they arise.
Registration of the agreement.
Final provisions.
The completed gift agreement is signed by the parties to the transaction and certified by a notary.

Third step. Sending materials to Rosreestr.

The collected documents are sent to the registration structure for the final registration of the deed of gift.

To do this, you will need to come to the Rosreestr department and write a petition to each participant:

To the donor about deregistration of living space
To the person who accepted the gift, about acquiring the right to own an apartment.

These petitions are handed over to Rosreestr employees, with attached materials, a list of which can be found here, and you can only wait for the decision of this structure.

Step four. Obtaining an extract from the Unified State Register of Real Estate.

No later than 10 days, Rosreestr is obliged to issue an extract from the Unified State Register of Real Estate to the person who received the deed of gift, which will indicate the completion of the procedure for registering the deed of gift.

Note. You can also register through the MFC. To do this, participants in the transaction can pre-register through the State Services portal for an appointment and submit the prepared documents. On the appointed day, participants are required to arrive at the MFC and purchase extracts from the Unified State Register.

How to issue a deed of gift for an apartment in the MFC

You can register the transfer of ownership under a deed of gift through the MFC. In 2020, the registration period, according to Art. 16 Federal Law No. 218 dated July 13, 2015, is 9 working days from the date of receipt of documents .

There are several ways to contact the MFC to register a transaction:

Come directly to any branch that provides Rosreestr services and make an appointment in the electronic queue.
Pre-register by phone, through State Services or the MFC website.
Use the on-site service of an MFC specialist (the availability of such a possibility must be checked with the department).

You can contact any branch of the MFC, regardless of where the property is located. To register a transaction, the parties must draw up an application for the transfer of ownership (the form will be prepared by a center employee) and provide the following package of documents:

3 copies of deed of gift.
Passports of the donor and recipient.
Extract from the Unified State Register of Real Estate.
Receipt of payment of the state duty - when donating an apartment, the amount of the state duty is: 2000 rubles , if the donor is an individual; 22,000 rubles if legal.

If there are encumbrances on the transferred property, it will also be necessary to provide documents necessary for the free disposal of the property, such as:

Bank consent if the apartment has a mortgage.
Permission from the guardianship authorities, if the apartment is donated from an incapacitated person or a minor.
Permission from legal representatives if the donee is a minor.
Consent of the spouse to dispose of jointly acquired property if the donor is married.

State duty amount

Registration of any agreements on the transfer of real estate is subject to state duty. According to paragraph 21 of Art. 333.33 of the Tax Code of the Russian Federation, the amount of the fee for registration or renewal of registration of the right to own property is equal to 2 thousand rubles for individuals.

When registering the right to own real estate, a legal entity. person will need to pay 22,000 rubles.

How to terminate a deed of gift for a share in an apartment

A transaction completed and registered in accordance with all the rules can be canceled only in special cases:

The recipient of the gift made an attempt on the life and/or health of the donor or members of his family, intentionally inflicting severe or moderate bodily harm on them.
The death of the donor was due to the fault of the donee. The legal heirs will be able to demand the cancellation of the transaction in court.
At the time of signing the deed of gift, the donor was not responsible for his actions, was under the influence of poisonous, psychotropic, narcotic, or alcoholic substances, or committed his actions under threat and pressure.
Violation of the provisions of current legislation by any of the clauses of the contract.
The court declared the deal fictitious.