Donating a share in an apartment without the consent of other owners: is it possible and how does the procedure work? How to donate a share in an apartment to a close relative without a notary: step-by-step instructions Consent of others to donate a share of the apartment.

The main difference between registration as a gift is the principle of gratuitousness. This fact means that the transfer of property to another owner is carried out without receiving anything in return, without benefiting the donor. One of the most common types of donation is the registration of real estate belonging to the donor in the name of the donee. The owner of the property has every right to give his apartment to one of his relatives and other persons, based on his goodwill.

In addition to donating an entire property, it is possible to re-register part of the property in this property free of charge. Donating a share in an apartment without the consent of other owners follows the same rules as receiving a whole apartment as a gift, with the exception of some features. Many owners are interested in the question of whether the consent of the second owner is needed to donate a share of the apartment, similar to the requirement presented upon sale. The legislation approves the owner’s right to give orders regarding his part of the property, with or without taking into account the opinions of other owners of the property.

When is the consent of other owners required?

When completing a sale, the owner must take into account the right of the remaining owners to have first priority to purchase the portion of the property in question. Thus, the co-owners are the first applicants for the purchase. The situation changes when it comes to deeds of gift.

In some cases, under a gift transaction, the owner of the share disguises the procedure for the paid transfer of his part of the object to a third party. This case occurs when the remaining co-shareholders do not give permission to transfer the right. The main danger of replacing a purchase and sale with an act of donation is that such a transfer of rights is recognized as illegal, and if a substitution is detected, the act of donation can be canceled through the court with all the ensuing troubles for both parties to the process.

The legislative framework

The rights of individuals associated with shared ownership in the same residential property are regulated by the provisions of the Civil Code (Article 246). According to these provisions, living space that is part of common property is subject to alienation with the permission of the remaining owners. The basic principle on the basis of which consent is required is alienation for compensation, which involves benefiting from the alienation process. Transferring the allocated part of the housing as a gift to a third party frees you from the need to notify and coordinate your actions with others. Thus, the main difference between purchase and sale transactions and deeds of gift is the presence or absence of the need for the owner to agree on his actions (Article 253 of the Civil Code).

Design nuances

There is another important nuance when donating a share. Is the consent of other owners necessary? This question interests many owners of shared property. In the event that the donor intends to formalize the transfer of the right to a donated share in an object that is in common ownership to another person. Any of the owners of common property, when making transactions of purchase and sale, exchange, or gift, must obtain written permission from the other co-owners to complete the transaction.

The main difference lies in the fact that a part in common ownership represents a property right, upon the alienation of which for compensation, other co-owners have the opportunity of priority redemption.

Required documents

To formalize a deed of gift for a part of an apartment, a donor who intends to donate his part of the property must prepare a whole list of documents before applying to a notary to formalize the transaction.

The main requirement when transferring part of an apartment is to recognize it as registered as the private ownership of a citizen (purchase and sale, privatization). The preparatory stage for the transaction is the most important, because The successful outcome of the procedure for the alienation of part of the property depends on the completeness of the collected documents and the correctness of their execution.

The following documents are prepared for the transaction:

• Deed of gift;
• Written consent for donation from other owners of common housing in 2 copies;
• A special form application signed by both parties;
• Receipt for payment of state duty;
• Document on the donor's ownership;
• An extract from the house register indicating all the shares of the others and their names;
• If the apartment, part of which is transferred as a gift, is in common ownership with a spouse, the transaction must be agreed upon with the second spouse, the owner.
• Civil passports of the donor and recipient.

Additional documents

In a situation where one of the parties cannot be present at the transaction, additional documents are required:

1. If one of the parties is represented by an adoptive parent, provide a certificate of adoption;
2. If an incapacitated party, including minors, is represented by a guardian, a guardianship certificate must be presented.

Without the provision of these documents, the transaction in the absence of one of the parties is not carried out due to the lack of confirmation in the powers of the participants.

Whatever part (share) of the residential premises you own, you have the right to dispose of the property at your own discretion: mortgage, sell, exchange, present. There is a fine line in the disposal of shared ownership, which lawyers do not advise crossing. For example, the parties to the agreement need to clearly understand whether it is possible to donate a share in an apartment without the consent of the second owner? What documents need to be notarized? What should spouses who have jointly acquired square meters do? Let's understand all the twists and turns of the legislative framework so as not to run into “unjust” schemes. We will tell you how to proceed when concluding a deed of gift for a part of a residential premises, the procedure for going through the procedure for donating a share and acquiring ownership rights for the new owner of the share.

Is it possible to donate a share in an apartment without the consent of the second owner?

Increasing cases of fraud and raider seizure of housing with several owners prompted the legislator to change the procedure for donating a share in an apartment. In the summer of 2016, regulations came into force that require notarial participation in the process of alienation of a share of real estate. The procedure is enshrined in document number 172-FZ “On Amendments to Certain Legislative Acts of the Russian Federation.”

The notary, certifying the agreement for the gratuitous and unconditional transfer of part of the residential premises, assumes all risks associated with the alienation of shared ownership. Parties who contact a notary office receive an effective guarantee of “purity of thoughts” - the person with the seal is responsible for certification with his property, which there is no reason to harm.

Be prepared for a notary’s refusal to certify the act of alienation of a share in the form of a gift to a stranger. The lawyer will be wary of the fact of a gratuitous transfer; he will suspect a fraudulent scheme to replace the sale with a “donation.” They resort to trickery when other owners of shares in the apartment are not interested in alienating the property. Consent to the gratuitous transfer of part of the housing is not required from the remaining co-owners of the shares.

The law does not veto the gratuitous transfer of part of the housing to an outsider or distant relative, but the procedure for registering a deed of gift with a notary may be delayed for the period necessary for a comprehensive verification.

If you want to speed up the registration, get the consent of all co-owners of the property, and a notary will draw up and certify the deed of gift.

Although the donation of an apartment is recognized as a non-commercial act, an outsider or “indirect” relatives will have to fork out the cash: give 13 percent of the cadastral value of the gift to the treasury. Children, parents, grandchildren and the spouse of the person presenting the housing are exempt from the fee, even if it is registered. Uncles, aunts, and nephews are not included in the cohort of lucky ones who are freed from financial obligations.

How to donate a share in an apartment without the consent of other owners?

The owner of part of the square meters in the apartment asks a logical question: can I donate a share in the apartment without the consent of the other owners? The answer is found in Article 246 of the Civil Code of the Russian Federation on the consent of all owners of shared ownership to the alienation of a “part”.

We read carefully - we are talking about a paid transfer of a share. Deed of gift is an act of gratuitous alienation of property. Therefore, he is not subject to the requirement to obtain permission from the co-owners of shares in the apartment. This distinguishes the alienation of property by gift from other commercial methods.

If the shares of the property are not allocated (division in kind has not taken place), you will not be able to donate any part of the property to a third party without the consent of other home owners. “Dissenters” can challenge the deed of gift, and the court will issue a verdict on the incompetence of the donor’s actions. How to allocate a share in a privatized apartment.

An exception to the rule: consent is not formalized if two owners own housing undivided in natural shares, one of whom “signs” his part of the property to the other.

Can a husband donate an apartment without his wife’s consent if he is the owner?

The Family Code and the marriage contract regulate the material interests of the spouses regarding the property acquired in their joint life and other benefits.

If during the marriage one of the spouses received residential real estate as a gift, it is classified as his personal property, with the ensuing consequences:

1. Residential premises are not subject to division upon termination of the marriage relationship;
2. The owner of the gift solely owns and disposes of it without the consent of the second spouse.

For example, a father gave his married daughter an apartment, ensuring her financial independence. The family lives in this luxurious apartment. The owner decides to donate housing to her adult daughter. The husband cannot in any way influence her sole decision - objections will not be accepted in any form. A deed of gift is issued without the written consent of the head of the family. Detailed information about whether an apartment donated during marriage is divided during a divorce.

The same rules apply to real estate received by one of the spouses by inheritance during the existence of the marriage relationship.

Consent to donate a share from the remaining co-owners is not required.

Let's consider the question of whether a husband can donate an apartment without his wife's consent if he is the owner of the square meters.

The standard situations are as follows:

1. The spouse acquired housing before the marriage began. It is his personal property. The wife's objections are not taken into account when drawing up the deed of gift. When registering a deed of gift, the husband must provide the registering authority with a notarized statement that the property was acquired outside of marriage or is entirely his property.
2. If spouses own square meters on a parity basis (sharing), then the deed of gift is made with the written consent of the husband (or wife). This is a must.

How to formalize the consent of a spouse or other owner to donate a share?

You can independently formalize your consent to donate a share in writing, just like the deed of gift itself. But the document must be certified by a notary office. Consent is drawn up taking into account the personal documents of the participants in the process and comprehensive information about the subject of the donation.

The text indicates:

• reliable passport data of both parties;
• marital status (degree of relationship);
• characteristics of the subject of the contract (exact address, cadastral number, condition of housing);
• the exact area of ​​the “gift” share and the part of the apartment belonging to the person giving consent is indicated.

If you write the consent yourself, you will save on the technical work of a notary. Sample consent. Fees for document preparation vary for each notary.

Documents for drawing up a deed of gift by a notary

A priori, it is believed that for the “purity” of the deed of gift registration, a simple written form of the document is not enough. It is advisable to back it up with a notary stamp. Indeed, the attorney d'affaires will share the responsibility with you when challenging the gift. A certified contract, moreover, in legal language, has “increased evidentiary value,” which is taken into account in a legal dispute.

When donating shared property, going to a notary's office becomes mandatory - the norm of Art. 42 Federal Law “On registration of real estate”. Without a lawyer’s verdict, Rosreestr employees will not accept documents for registration of shared ownership for the new owner.

The person with the seal will verify the legal capacity of the participants in the gratuitous transfer of housing, determine the identities of the parties, the presence of good will and understanding of the consequences of the transfer of property.

Prepare documents in advance, in addition to identification documents:

• Extracting information from the Unified State Register of Real Estate. Replaces the certificate of shared ownership and the cadastral passport of the object. It must contain the cadastral value of the share - the fee for notarization of the unconditional deed of transfer is calculated from this indicator.
• Unique characteristics of the “gift” indicating the exact address, location of the apartment, taking into account the number of floors of the building and the size of the donor’s share.
• Certificate about the number of people registered in the apartment.
• The consent of the second party to accept a share of the real estate on the terms of a disinterested transaction.

The notary prepares a document on the donation of housing in triplicate, takes into account additional wishes of the contracting parties, and includes it in the text of the document.

To certify the document you will have to pay 0.2 percent of the cadastral value of housing (real estate valuation up to 10 million rubles) plus three thousand rubles. If the property is super expensive, the duty increases significantly: 23 thousand mandatory payment plus one tenth of a percent of the contract value. The legislator has limited the appetites of notaries - no more than 50 thousand rubles are charged for certifying a deed of gift.

Close relatives pay only for the technical preparation of documents and a symbolic fee of 300 rubles.

We advise you not to be disingenuous when indicating the value of the “gift” at the notary’s office. The secret will become clear when the notary reads the extract from the unified database. A person with a seal has such powers. And then you face the threat of cancellation of the deed of gift.

Once you receive a certified contract, go register the right to legal ownership of square meters, even on the same day. When submitting documents to Rosreestr, or if documents are being submitted and, both contracting parties must be present in person. Two thousand rubles for registration actions are paid by the recipient of the gift. In seven days, the new owner of the property will become the full owner and will receive the necessary documents.

A lawyer talks about options for recognizing the cancellation of a donation of part of an apartment:

Conclusion: nuances and features of the procedure for donating a part of the whole

Giving part of the property differs from the procedure for transferring the “whole” gift. The donor does not need to obtain the consent of the remaining co-owners if the share is allocated. This differs from the purchase and sale procedure, when the objections of other homeowners are taken into account. However, when selling, it is enough that, within the time limits allotted by law, the owner will offer them, as a matter of priority, to buy out the share in the apartment. The donor must properly document the absence of objections to the donation of the unallocated portion. Remember that without a notary's verdict, the registration authority will not accept documents to give the contract legal force.

Our lawyer will advise you free of charge.

Currently, not all citizens of our country can afford to buy an apartment easily and without difficulties. The real estate issue is complicated; there is no need to expect help from the state. Therefore, a person will be glad to receive even a part of an apartment, its share, as a gift, but not everyone knows how to give an apartment to a close relative, for example a minor child. Often people don’t want to involve a notary, so let’s look at whether and how to donate a share.

Sections of the article:

How to donate a share in an apartment

It often happens that one apartment has several owners and proprietors at once. By law, all such owners have property rights, which ultimately become common property.

The most common transaction is donating a share in an already privatized apartment. A share is a part of a residential area that is owned by several owners or owners.

If the owners of shares in the apartment have not entered into an agreement between themselves on the use of the apartment, then the owners of each part can use all the premises equally.
Or the share may be allocated as a private room only, and public areas will also be available.

This means that a share is also real estate, and its owner can dispose of it, like an entire piece of real estate. It is important that the shares of other apartment owners will not change; this will only affect the share of the donor.

When drawing up a gift agreement for a minor citizen under fourteen years of age, the transaction is concluded on his behalf by the parents, and after fourteen to eighteen years of age with the consent of the parents.

You can carry out the process of donating your share in an apartment without obtaining the consent of other share owners.

Let's consider how to formalize the donation of a share in an apartment to your relative.

Donation agreement for a share in an apartment

When drawing up a contract for the donation of a share in an apartment, both people must be present in Rosreestr, otherwise the transaction will not be registered.

In the presence of an employee, the two parties to the transaction sign an agreement on the gratuitous transfer of part of the property and give all documents, including a receipt for payment of the state duty.

An employee of Rosreestr will check the presence of all the necessary documents and give you a receipt. The receipt must indicate the completion date of the procedure, and within the specified period you must come and pick up a new certificate of ownership.

After all this, the one who received a share in the apartment as a gift can consider himself the owner of the property.

It must be taken into account that there is a condition that such valuable gifts as square meters in an apartment can only be received by those persons in relation to whom the donor is not in any way dependent.

Such actions of donating property are prohibited between managers and employees of medical and social departments if the owner of the apartment is in this institution at that moment, for example, in a hospital or clinic. The same rule applies to representatives of government services.

If the donee is in fact a close relative of the donor, then in this case there is no need to pay tax. Otherwise, the tax would be 13% of the value of the share.

According to Russian law, the category of close relatives includes brothers, sisters, spouses, children, and grandparents.

Procedure for donating a share in an apartment to a close relative

According to the Civil Code of Russia, real estate that is in shared ownership can be divided between its participants by concluding an agreement.

If the property is in common shared ownership, then the participant in the transaction may demand the right to allocate his share. If the parties to the transaction fail to reach an agreement, then each participant can demand the allocation of their share in court.

Before you start something like donating an apartment to a relative, you need to prepare the necessary documents.

These include:

Afterwards you need to prepare it yourself, since such a document is required. It is better to contact a notary or a lawyer with this question; he will be able to competently draw up an agreement and tell you what clauses to include in the agreement so that there are no violations or ambiguous issues. Since situations are different, in the future someone may try to challenge the agreement, or there will be a trial with the donor.

Next, both parties to the transaction need to go to the Registration Chamber with the documents and the agreement to register ownership. Registration takes place within seven working days, and the donee will receive documents on ownership of a share of the living space.

Text of the agreement for donating a share of an apartment

Let's consider how to make a gift agreement and what information should be contained in it.

This information includes:

• Passport details of the parties to the transaction.
• Description of the subject of the donation - a share in the apartment. At what address is it located, how many storeys is the building, on what floor is the apartment located, the number of square meters of the apartment, how the share was received.
• Information about people registered in the apartment.
• Indicate whether the share is solely owned or not. If not, is there consent from the co-owner?
• Indicate that the transfer, that is, donation of the share, occurs free of charge.
• Additional conditions for the transaction are prescribed, for example, it may be stated that the donor can live in an apartment in a given territory only for some time or for the rest of his life.
• Possible force majeure.
• Date and signatures of the parties.

Reasons for refusal to register a share donation agreement

Let's consider the reasons why registration of an agreement to donate a share of an apartment to a relative may be refused.

The reasons for refusal may be the following:

When drawing up a gift agreement for a close relative, from the point of view of the law, it does not matter who exactly the donor and the donee are related to each other. It is important that the donor is an adult and has legal capacity.

Also, the recipient of a share in the apartment can refuse the gift at any time, acting in accordance with the Civil Code of our country. In this situation, the gift agreement will be canceled.

Refusal of the gift agreement must be formalized in the same way as it was concluded, in writing or also through state registration.

If any damage was caused to the donor as a result of refusing to accept the gift, then he can demand compensation from the recipient for damages.

Registration of a deed of gift for a share in an apartment for your relative through the MFC

The process of drawing up a donation agreement for a share in an apartment for a close relative can also be carried out through the “My Documents” MFC.

The algorithm of actions is similar to registration through the Registration Chamber. With a complete package of documents, you need to go to the registration employee, who will give you a receipt for receipt of the documents and indicate the completion date of the process. After the specified period, you can also come to the MFC to receive a document on ownership.

Until the registration of ownership of the donee has taken place, this means that the transaction has not taken place and the donor’s share in the property has not taken place. It is important that the relationship must be confirmed by documents from the registry office. If the relationship is not proven, then it will be considered a gift and subject to tax at the rate of 13%.

If the donor is married, then the second spouse must give his written consent to the execution of the deed of gift.

That is, property purchased in the family is common property and part of the apartment can be donated only with the written consent of the second spouse.

Therefore, before concluding a contract, you need to think through everything and provide for all the nuances.

If everything is drawn up according to the rules, and the donor has drawn up the documents of his own free will, then such gift agreements are rarely cancelled.

Before drawing up a deed of gift, you should consult with a lawyer; it may be better, given your situation, to draw up a will.

Today you can donate not only the entire apartment, but also its share. This transaction can be carried out through a notary or through government agencies. We’ll talk about how best to donate a share in an apartment in this article.

Who can be selected as the donee?

You can donate a share of an apartment under the same conditions as donating it entirely, that is, to anyone.

The best option is to give it to close relatives, because there is no need to pay tax.

You can donate part of your apartment to a complete stranger, but in this case tax must be paid.

The law prohibits donation in the following situations:

1. The donor has not reached the age of 14.
2. Obtaining an apartment under a state program that prohibits the donation of shares.
3. The donee is a civil servant or municipal services employee. His line of work does not allow him to receive housing as a gift. However, in some situations, giving to them is still possible. At the same time, it is necessary to indicate in the deed of gift that the position held does not matter here.

Collection of documents

1. Passport of the donor and recipient. If the donee is under 14 years of age, his birth certificate and the guardian’s passport will be required. If the recipient is between 14 and 18 years old, in addition to his or her passport, you will also need the passport of one of the parents.
2. When registering housing in the name of a husband or wife, when it belongs to jointly acquired property, consent to the donation is required from the second spouse, certified by a notary.
3. If a trustee is involved in the transaction instead of the donor or donee, he must have the original power of attorney certified by a notary and its copy. It is noteworthy that a power of attorney cannot be issued by the donee to the donor and vice versa. They cannot be present in one person.
4. Technical documents for housing.
5. A document to confirm a close relationship (marriage certificate, etc.).
6. A document confirming the donor's ownership of the home or part thereof.
7. An extract from the house register indicating all the people registered in the apartment.
8. Receipt of payment of state duty.

Preparation of the contract

Today, a mandatory requirement in most cases is to have the gift agreement certified by a notary. This is mentioned in Federal Law No. 218-FZ (Clause 1, Article 42). Only a deed of gift certified by a notary can be transferred to the Registration Chamber or MFC.

The agreement can be drawn up independently, and then taken to a notary’s office and certified, or the entire transaction can be executed by a notary. The latter option will be safer, but also more expensive.

Certification by a notary will protect you in case someone wants to challenge the deal. It will act as a guarantor of the legality of the transaction.

When drawing up a contract yourself, there may be errors. It often happens that a person downloads an inappropriate form from the Internet and fills it out. But in his situation it was necessary to draw up the contract in a completely different way. It is better to seek help from a qualified lawyer or notary. This way you will protect yourself from the suspension of the transaction, which can happen if there is even one spelling error in the contract.

On a note: The document should be signed not when it is drawn up, but when it is certified by a notary. If you submit an uncertified document, it is better to sign it at the registration chamber or MFC.

The number of copies of the document depends on the number of persons participating in the transaction. If there are two of them, you will need another one to submit to the MFC (in general, three copies will be required).

What should the deed of gift contain?

When drawing up a deed of gift for a share of housing, it indicates:

1. The very share that will be donated, in the exact designation. The share can be transferred to the donee in whole or in part.
2. Data from the passports of both parties.
3. The exact address of the apartment that includes the share involved in the transaction.
4. Exact quadrature donated. It is calculated from the total area of ​​the housing.
5. Floor location of the apartment.
6. Number of floors of the house.
7. Estimated value of the share (if necessary).

Registration

The completed deed of gift must be registered (Federal Law No. 302 of December 30, 2012). This will require a visit to Rosreestr or MFC. You need to bring a prepared package of documents with you. A state duty of two thousand rubles must also be paid.

The agreement is signed in front of the registrar, if it has not been certified by a notary. The registration officer will issue two application forms, which must also be signed by both parties.

The employee issues a receipt stating that he accepted the documents indicating the date when the parties will be able to pick up the documents, which will already indicate the registration. The registration process lasts about 10 days.

On the specified date, you can already pick up a new certificate of ownership and other documents. To do this, you must have this receipt and passports with you.

If the transaction is executed by a notary, the documents must be submitted to the registration authorities by the notary himself. Clients pick up ready-made documents.

Self-registration

To independently draw up a gift agreement, you must do the following:

1. Draw up a deed of gift.
2. Appear at the registration office to register.

If the age of the donee is less than 14 years, all manipulations are performed by the guardian instead. If he is over 14 years old but under 18 years old, only his guardian can sign the agreement.

Taxes

Quite pleasant for recipients and donors is the fact that if they are close relatives, payment of tax (personal income tax) when making a gift is not necessary.

Other cases imply the need to pay a tax in the amount of 13% of the value of the property received as a gift. For foreigners this percentage is 30%.

Close relatives include:

• children and parents;
• grandparents and grandchildren;
• brothers and sisters.

The recipient must pay taxes and other expenses when making a gift.

Features of distribution of shares

For the most part, the deed of gift does not indicate a specific share of housing. It contains only information about the area of ​​the apartment and its main characteristics.

If a share of an apartment is given as a gift to a close relative, the donor should not warn other shareholders about this.

It is also not necessary to allocate the alienable share in the apartment in kind. But this rule applies only if the apartment belongs to the owners on the basis of shared ownership. When the property is joint, it is mandatory to allocate shares of the apartment (Article 252 of the Civil Code of the Russian Federation). The property of each shareholder is determined by concluding an agreement between them. If it is not proven that one of the shareholders bears a larger share of the property, it will be divided equally.

What rights and responsibilities do the parties have?

Property can only be given with the consent of the recipient. If he does not want to receive a share of housing as a gift, refusal is possible. There is no need to explain the reasons.

Donation is a gratuitous transaction. Nothing passes to the donor from the donee. If the latter promises payment to the donor, it cannot be included in the gift agreement, otherwise it will lose its legal force.

Cancellation of a deed of gift is a very complex procedure. In most cases this is not possible. After completion of the transaction, the donee receives the status of a full owner of a share of the housing, and the donor is deprived of all rights to it.

The law allows you to create a deed of gift as a promise to transfer shares of real estate after some events occur. For example, after the recipient gets married or reaches adulthood. Such agreements must be treated with the utmost care in order to draw them up correctly. If the donee passes away before the deed of gift comes into force, the rights to the share will pass to his heirs.

Termination

1. The person who received the gift made an attempt on the health/life of the donor/his family.
2. The donor died due to the fault of the donee.
3. When signing the documents, the donor was in an insane state (under pressure or threat; poisonous, psychotropic, narcotic or alcoholic substances).
4. Any clause in the deed of gift violates current legislation.
5. The deal was declared fictitious by the court.

The deed of gift can only be contested through court proceedings. If the court rules in favor of the donor, the property will be returned to him in full.

Special conditions

There are situations when special conditions are prescribed in the gift agreement. The donor has the right to indicate that he can initially live on the territory of the share of housing donated to him.

It happens that the donor does not want to live in an apartment provided as a gift, but claims the right to be registered in it. This must also be indicated in the document.

There are also cases when the donor wants to live on the territory of the apartment share given to him for a long time and even until his death. The deed of gift must contain all this.

What functions does a notary perform?

The notary draws up deeds of gift, which must then be signed by both parties to the transaction. They must indicate the value of the share in the apartment, which the donor transfers as a gift to the recipient.

If the value is determined to be lower than it actually is, other relatives may cancel the transaction.

The notary will not allow the parties to ignore this issue due to the fact that the amount of the state duty and payment for the services of the notary office will depend on the indicated cost.

You can also obtain the consent of the husband or wife to transfer a share of jointly acquired real estate as a gift from a notary.

How to draw up a power of attorney?

If the owner does not have the opportunity to take part in the execution of the transaction, you can draw up a power of attorney under which another person can do this.

A power of attorney can be of the following types:

1. One-time - giving the right to perform the operation once.
2. Special - the authorized person has the right to perform the operation several times.
3. General - allows the trustee to fully carry out the donation.

Having decided on the type of power of attorney, the donor goes to the notary, having with him his passport and the passport of the authorized person, the tax number of the donor obtained from the tax service and a questionnaire indicating the passport details of the authorized person.

After the notary prepares the power of attorney, the donor signs it.

Conclusion

Giving a share of an apartment as a gift is much easier than selling or bequeathing. This is especially beneficial when registering a deed of gift for close relatives, due to the absence of the need to pay tax.

FAQ

Question

What to do with utility debt?

Answer

The debt for utility services does not relate to the apartment itself, but to the person who lived in it when this debt arose. Therefore, donation can be made even if there is a debt for public services. If the debt exceeds the maximum standards, the housing will be seized, and it will be impossible to sell or donate it. If the donee agrees to pay the debt himself, this should be indicated in the deed of gift.

Question

Can part of the share be donated?

Answer

Each shareholder can dispose of his property as he wants, including donating part of the share. You can donate 5 percent of the share, if necessary, register the person as the owner.

Question

Do you need consent from other owners?

Answer

The Civil Code states that each owner must obtain consent from the others if he intends to carry out any transaction with his share. But this does not apply to gratuitous transactions (and therefore to donations). You can donate a share without the consent of other shareholders, but when selling you cannot do without it.

Question

Is it possible to give a share to several people?

Answer

A share of an apartment can be gifted to two or more persons. In this case, the gift document indicates certain shares for each recipient. If the shares are not allocated, they will be divided equally.

Question

What is the minimum share that can be donated?

Answer

Any share can be donated for the purpose of registration. And for one person to live, at least 6 square meters must be provided.

Question

How to donate a privatized apartment?

Answer

A privatized apartment has one full owner. For this reason, the consent of other persons for transactions involving this apartment is not required for him. This is a more convenient situation than when the apartment has many owners. Also, a share in a privatized apartment can be donated.

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There are often cases when one apartment has several owners at once. The law allows such ownership, giving everyone the right of ownership. Which becomes common in such a situation. Often there is a donation of a share in a privatized apartment, which has its differences from other housing transactions.

What is a share

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A share is a part of an apartment that belongs to several owners. Moreover, if there is no agreement on the procedure for use, then the owner of such a part can use all the premises on an equal basis with others.

The share can be allocated as a separate room. At the same time, common areas remain accessible to its owner.

The share is real estate. And its owner can dispose of it in the same way as the whole apartment. But only in compliance with the special rules that govern such relationships. Therefore, if the need arises and knowing how to donate a share in a privatized apartment to a relative, this can be done without breaking the law.

The same rules apply to the donation of part of an apartment as to property that has a sole owner. The difference will be that:

• not the entire apartment is transferred, but only part of it;
• The rights of those who are registered in this living space are protected.

This should be reflected in the contract. The transfer of rights under such an agreement does not in any way infringe on the rights of other owners.

How to donate a share in a privatized apartment?

The procedure for donation and all the requirements for this type of transaction are contained in the Civil Code, in the chapter devoted to this agreement. According to its provisions, donation does not provide for any response other than acceptance or refusal.

This deal is free of charge. Therefore, the rules on the sale of shares, which require respect for the rights of other owners, do not apply to it.

You can donate both the undistributed part of the apartment belonging to the owner, and a specific room, if there is an agreement or a court decision on the division of shares.

Along with the room, the right to use the unallocated part of the housing will also be transferred:

• kitchen;
• bathroom;
• utility rooms.

That is, everything that the donor used to the same extent.

Part share

At any time, the owner of an entire apartment or part of it may decide to transfer his property to another person under any transaction, including as a gift.

In doing so, he can:

• donate your entire share in the privatized apartment;
• divide it by giving only part.

At the same time, the number of owners will increase. But the ratio of shares established during purchase or privatization from owners not participating in the donation will not change. Only the donor's share will decrease.

To a relative

It does not really matter who the donor is who becomes the new owner of the property. But relatives have one undeniable advantage: he will not have to pay income tax on such expensive property.

The law exempted family members from such obligations if the transaction was concluded between them.

Relationship is confirmed using relevant documents:

• marriage certificates;
• birth certificates;
• passports, etc.

son

Several features are associated with gifts to children under the age of majority. According to the law, they can accept real estate as a gift and become its owners.

But the deal is either concluded on his behalf by his parents (up to 14 years old), or they give their approval (14-18 years old).

Since the gift occurs between close relatives, you will not have to pay tax.

Without agreement

Donation is a gratuitous transaction, that is, the donor does not receive any benefit. Consequently, he does not need to offer his part of the apartment to other owners and receive a written refusal from them, as happens when selling.

You can donate your share in a privatized apartment, in whole or in part, without the consent of the other owners.

The only exception is the case when one of the spouses plans to donate his share. The fact is that property acquired by a family is divided only upon divorce (if there is no contract). And therefore, donation of part of such common property is possible only with the written and notarized consent of the second spouse.

Wife

Donation of a common apartment between spouses is possible only if the shares of each of them are determined. Often this happens before the divorce, at which time donation can also occur.

A transaction between unrelated persons is subject to taxation. And former spouses are no longer relatives.

The husband can also draw up a deed of gift for a share in an apartment that already belonged to him before marriage. If the apartment is in common ownership and the shares are not determined, then donation between husband and wife is impossible.

To another shareholder

The recipient of a gift in the form of a part of the apartment can also be its other owner. There are no restrictions on the circle of persons who can accept such a gift. The rules are the same for all cases of donation.

If part of the housing is donated to a non-close relative, he will have to pay tax, and this can be a considerable amount.

detailed instructions

Donating real estate is a process that requires compliance with a number of rules. Violation of this requirement will result in the transaction being invalid.

The first thing to do is to make sure that the apartment is registered as a property. You can privatize a municipal apartment during 2018.

Where to go?

There are two ways:

• do everything yourself;
• contact a lawyer, entrusting him with the preparation of documents.

Donating a share yourself does not require a lot of money and time. You will need to draw up an agreement, with which you then need to contact the Rosreestr office to register the right to a share in the apartment.

List of documents

In addition to the contract, the following documents will be required:

1. Statement.
2. Documents of the parties to the transaction.
3. Apartment registration certificate.
4. Information about residents registered in the apartment.
5. Certificate of title to part of the apartment.
6. Spouse's consent.
7. State duty receipt.

Donation agreement

Since we are talking about real estate, the agreement must be in writing. Failure to comply with this requirement will result in it being considered invalid.

The main thing is that it must indicate the specific property that will be donated.

Registration of the agreement

The requirement to register the agreement is contained in the relevant articles of the Civil Code of the Russian Federation. But the procedure for carrying out this procedure is set out in a special law.

Registration is carried out by Rosreestr, which:

• makes an entry in the unified register;
• issues a certificate of ownership to the new owner.

Only after its receipt the contract is considered fulfilled.

Registration by a notary

Previously, real estate transactions were required to be formalized by a notary. But now there is no such strict requirement. A gift agreement can be certified if this is the desire of its participants.

Notarization is required only for a power of attorney to complete a transaction and the consent of the spouse.

FAQ

Let's consider frequently asked questions about donating a share in a privatized apartment.

Power of attorney for donation

If it is impossible to be personally present at the transaction, the owner of a share in the apartment can issue a power of attorney to complete this transaction. To do this, you will need to contact a notary to certify the signature on the document.