How to re-register an apartment by inheritance after death. How to register an apartment as an inheritance after the death of a husband (wife) How to re-register ownership of an apartment after death
Inheritance. It is this that becomes a stumbling block between the closest relatives. Especially when it comes to housing.
Finding themselves in a difficult moral state after the death of a loved one, the heirs must understand the legal nuances when registering an inheritance.
Let's consider a situation where the testator did not leave a will. The reasons for this may vary.
And then the re-registration of the apartment after the death of the owner occurs according to the law.
order of succession
Legislation clearly establishes the persons who have the right to inherit any property of the deceased.
It is necessary to remember that there are special rules of inheritance in our country.
In accordance with them, the division of heirs is carried out into seven lines. If one primary heir appears, all others are automatically deprived of their rights.
The main condition on which the order depends is the proximity of kinship.
The priority heirs include:
- Husband wife
- Parents
- Children
They have the right to choose another option: refusal to receive an inheritance. In such a turn of events or in the absence of immediate relatives, the right passes to other relatives.
Again, respecting the order of priority:
- Brothers/sisters
- Grandparents/Grandparents
All legal relations that relate to the inheritance by citizens of their rights in our country are administered by notaries.
When inheriting according to law, inheritance affairs are conducted state notary of the territory where the deceased lived.
In the procedure for accepting an inheritance, there are two important points from a legal point of view:
- The person gives consent to accept the inheritance. This is done in writing.
- A citizen must take actions aimed at accepting the inherited property.
Contacting a notary
To implement the first point, you need to visit a notary.
The purpose of the visit is to write an application for acceptance of the inheritance.
Conditions for writing it:
- This is done with his own hand
- A notary must be present
The standard form of the document can be found in every notary office. The necessary documents are submitted simultaneously with the application.
The list includes:
- Passport of the applicant
- Official documents that confirm family ties
- Death certificate
- Here you also need to attach an extract from the house register at the last place of residence of the deceased, legal document for the apartment.
To issue a certificate of inheritance, the notary will require you to bring a cadastral extract and a copy of the cadastral plan.
It is also important to remember about the established deadlines within which you can accept an inheritance. This period is six months from the moment the testator died.
If the allotted deadlines are missed for good reasons: ignorance of the sad event, illness, being in another country, then their restoration is possible through the court.
If the testator did not leave a will, and the heirs cannot come to a common decision on who exactly and how the apartment will be re-registered, then all the closest relatives will again have to apply to the courts for the allocation of shares.
After the certificate has been received, you must apply for registration of ownership.
This is done in state registration ward Registration time is 30 days. This refers to calendar days.
Then the person has the right to dispose of the received property in accordance with his own plans.
For more information about the order of inheritance, watch the video:
There is a will. What's next ?
The next point that we will consider is the re-registration of the apartment after the death of the owner according to the will.
If the testator decides to choose a successor in advance, then he should take care of registering the expression of will with a notary.
The potential heir does not need to be present.
After the owner dies, the rights to the property are transferred in the same way that applies to all the property of the deceased.
Acquired during marriage or privatized Husband and wife jointly do not inherit their housing in full. But only half of it.
In any case, the wife remains the owner of the other half. In such a situation, reasonable and adequate children certify the refusal of inheritance to a notary.
Then the spouse registers the remaining share for herself and receives a certificate of ownership.
If a widow misses the allotted time limit for registering an inheritance, she can go to court. In this case, documents must be prepared and evidence must be provided that the inheritance has been accepted.
They may be property tax payment receipts, renovated apartment . As soon as the court decision is received, the spouse will have to register the property rights.
Mortgage: we sort it out slowly
Taking out a mortgage loan requires a long repayment period, which is an advantage for potential borrowers.
After all, you will have to part with not such a large amount of money every month. Why the family budget will not suffer.
But with such a long-term period there is a possibility of unfavorable circumstances and, as one option, the death of the borrower.
In the latter case, co-borrowers and the banking organization itself will face difficulties.
If you have an issued insurance policy, providing insurance cases such as loss ability to work or death, the bank has an obligation.
He closes the credit line and undertakes not to make any claims. If the deceased does not acquire heirs, then the property becomes the property of the state.
Or the existing heirs register it in their name.
It must be remembered that death caused by certain chronic diseases is not a valid reason to obtain payments from insurers.
A similar situation is when the borrower is partial to extreme sports.
According to statistical data, most often there are relatives who are determined to receive real estate after the borrower has died.
In this case, events can develop in two possible ways.
Refusal by the heir of all inherited property. Then the bank will not bother you with claims. He will take the apartment for subsequent sale.
A person who decides to do this will not be able to keep anything else for himself and refuse the apartment.
The advantage of this situation: relatives do not have to burden themselves obligations before the financial institution that issued the mortgage.
In the second case, the plans of the heirs are aimed at receiving an inheritance.
This means they will need to deal with debt obligations and provide for full repayment of the mortgage. Only then will they become property owners.
An important nuance: from the moment the borrower dies, the inheritance goes to close people. For this reason, repayment of fines, penalties and interest also falls on their shoulders.
In order for the heirs to have the opportunity to repay the debt, they need to wait the traditional six months. During this period, relatives have a chance to divide property and debts.
If you decide to pay off a debt, you should take re-registration current mortgage agreement. To do this you need to contact the bank.
The agreement on repayment of the loan by the heirs is drawn up by a notary.
We have described the standard and common apartment re-registration situations. But besides them, there are also those when long legal battles begin.
Therefore, the solution may be to resort to services professional lawyers
Write a question to a housing lawyer in the form below
Answer
Quarrels can happen in every family. We quarreled, made up, and everything is fine. But there are situations when serious family conflicts arise.
Unfortunately, often the cause of such conflicts between relatives is inherited property, namely real estate. In our article we will talk about how loved ones can get out of this situation with dignity by dividing the inheritance according to the law.
It would be much easier to inherit property if the owner left a will. But if there is no such document, we have to talk about inheritance by law.
Based on a will, an apartment can go to not only relatives, but also to persons not related to the deceased by family ties. At the same time, the relatives of the deceased who disagree with the will cannot change the situation and transfer the housing to themselves.
Often the case goes to trial. But in order to revoke a will, very strong evidence of its illegality will be required.
An apartment that was not the subject of a will becomes inherited property for the heirs by law, that is, close relatives.
All issues related to inheritance of property are considered in the Civil Code of the Russian Federation. You can learn about the rules of inheritance and powers in Chapters 61-65 of the Civil Code of the Russian Federation.
When receiving an inheritance according to the law, all relatives are united in certain lines of inheritance (Chapter 63 of the Civil Code of the Russian Federation).
They are placed in the following sequence:
- father and mother of the deceased, his natural and adopted children;
- spouses;
- the grandchildren of the testator inherit the property by right of representation.
Preferential rights to inheritance have persons who:
- have common rights to this property with the testator;
- lived in the same living space with the deceased, are registered in the apartment and continue to live there after the death of the owner.
When the owner of the apartment has died, relatives of the first line of inheritance must contact a notary and apply for acceptance of the inheritance.
The inheritance opens after the death of the testator, and a certificate of the right to inheritance can be obtained no earlier than six months after the opening of the inheritance. This period is given so that other heirs claiming the property of the deceased can present their claims.
Six months after the opening of the inheritance, the notary can register the property in the name of all legal successors. When inheriting by law, persons belonging to the same line of inheritance receive property in equal shares.
Note! In most cases, an apartment included in the common inheritance mass becomes the property of the spouse, as property acquired during their life together. The rest of the inheritance goes to other relatives.
As soon as the successor has received a document on the right to inheritance, and if this inheritance is an apartment, it must be registered. This procedure takes place in Rosreestr.
Unfortunately, relatives cannot always come to an agreement on the division of property among themselves, so they have to go to court.
The heir to whom the apartment is transferred by court decision must come to Rosreestr with this document and register ownership.
Important! Heirs of the next stages can lay claim to the property of a deceased relative if there are no successors of the previous stage.
Re-registration of an apartment after the death of the owner with a will
When the decision to draw up a will has been made, the owner should under no circumstances ignore a visit to the notary’s office. A document certified by a notary has legal force.
The heir specified in the will must not be present when the document is certified. He may not even know about the existence of a will.
After the death of the testator, his movable and immovable property is inherited in exactly the same way.
Housing that was acquired by spouses and then privatized during a legal marriage is considered jointly acquired property and is distributed equally between the spouses. The deceased's share will be divided among the remaining legal successors.
When the mother, after the death of her husband, remains in ownership of half of the apartment, the children, who must divide the inherited part of the apartment among themselves, most often write a refusal to receive this inheritance in favor of the mother. After this, the woman formalizes the inheritance in her name and registers ownership.
Often, experiencing the death of her husband, his wife forgets about the deadlines allocated by the state for entering into inheritance. In this case, she needs to appear in court and write an application to restore the period for entering into inheritance.
At the same time, she needs to prepare evidence of actual inheritance. Such evidence may include receipts for payment of utilities, checks for payment of taxes, loan payments, etc.
Order of succession
The heir of the deceased owner is established by law.
Only relatives of the deceased can inherit property by law. They are distributed across seven lines of succession. Persons in the first line of inheritance may be the first to inherit property.
The distribution of relatives into appropriate queues depends on the degree of their relationship with the deceased testator.
The first priority assignees are:
- spouses;
- father and mother;
- natural and adopted children;
Important! Each heir decides for himself whether to accept the inheritance or refuse. If the heirs of the first priority do not want to accept the inheritance, their right passes to the heirs of the next priority.
In the second stage we observe:
- brothers and sisters of the deceased;
- grandparents.
All issues related to inheritance are the prerogative of the notary. State notaries are responsible for the inheritance of property by law. You need to contact a specialist located at the place of last residence of the deceased.
Heirs should know the following legal nuances of inheriting property:
- it can be inherited by writing an application for acceptance of property;
- to actually accept the inheritance, that is, to take certain actions indicating the intention to become the owners of this property.
Visit to a notary's office.
So, we register the property through a notary. We go to the notary’s office and submit an application to the necessary specialist to accept the inheritance.
How to write a statement correctly:
- personally, with your own hand;
- a notary must be present when writing.
A sample application is usually placed on a stand in a notary's office or can be found below.
But the application is not the only document that is presented to the notary. You also need to bring:
- passport;
- documents on relationship with the deceased;
- document confirming the death of the testator;
- an extract from the house register with information about all citizens who lived with the deceased in the same living space;
- documents for residential premises;
- cadastral documents.
Important! Do not allow yourself to miss the deadline for entering into an inheritance, as this will add unnecessary trouble to yourself. Do everything necessary within the six-month deadline.
In principle, if a person had good reasons for missing out, then the court can satisfy the claim and restore the deadline for entering into inheritance.
Reasons that may become the basis for reinstatement include: lack of information about the tragic event, long stay in a medical institution, business trip abroad, etc.
When there is no will, and the relatives will not give in to each other and cannot come to a common decision, the court can try for them and make its decision.
Do not forget that all property that is subject to state registration, after being passed on by inheritance to other owners, must be registered in the name of the new owner.
Registration of property rights occurs within thirty calendar days.
As soon as the heir receives the document on the right to the object of inheritance, it becomes at the full disposal of the new owner.
Re-registration of a non-privatized apartment after the death of the owner
What to do when the apartment is not privatized?
First of all, you need to contact the municipality to reissue the VAT. For this you will need:
- application and written consent of other residents;
- applicant's passport;
- an extract from the house register about the citizens living in the given living space.
When the contract is finalized, the personal accounts will change. At the same time, the new tenant will have the opportunity to privatize this living space. The main condition is that he should not have participated in other housing privatization procedures.
Re-registration of a social tenancy agreement
Having lost the main tenant, the heirs living in this apartment must renew the social tenancy agreement.
Documents required to resolve this issue:
- application from the apartment tenant;
- passport or other identification document;
- an extract about family composition and persons registered at this address;
- former DSN;
- consent of other residents of the apartment, drawn up in writing;
- other documents.
When a new tenant appears at an apartment, the decision to begin the privatization process lies with him.
What are the benefits of privatization?
Any property owner has the right to do whatever he wants with the inheritance, only on the condition that the apartment is privatized.
Apartments owned by the municipality can be used, but not disposed of.
How does the apartment privatization procedure proceed in the future?
An applicant for an apartment can receive ownership of it. This can happen based on the laws of our state, and only once in a lifetime.
Housing owned by the municipality or that is used as a social rental facility can be privatized.
Privatization of an apartment and registration of an apartment are carried out according to a single principle.
The tenant and heir can privatize the property free of charge. Together with him, all legal successors, with the exception of abandoned heirs, can engage in the process.
For the privatization procedure, you need to obtain permission from other heirs living in the given territory. These documents can help in the privatization process.
How to re-register an apartment in your name if 10 years have passed since the death of the owner?
Lawyers' answers (3)
Good afternoon, since you lived with the testator - your mother, you actually performed actions that actually meant accepting the inheritance, paying utility bills, etc. The notary needs to prove with documents that there was an actual entry (submit payment documents, agreements for the protection of the object, etc.). Therefore, you need to submit an application to a notary. An application for acceptance of an inheritance or actual acceptance must be made within 6 months from the date of death of the testator. If such actions have been carried out, then you can obtain a certificate of the right to inheritance at any unlimited time by submitting a separate application for obtaining this certificate.
Article 1153 of the Civil Code of the Russian Federation
Ways to accept an inheritance
1. Acceptance of an inheritance is carried out by submitting, at the place of opening of the inheritance, to a notary or an official authorized in accordance with the law to issue certificates of the right to inheritance, an application from the heir for acceptance of the inheritance or an application from the heir for the issuance of a certificate of the right to inheritance.
Have a question for a lawyer?
My mother died more than 10 years ago. The apartment was registered in her name upon purchase. I was initially registered right there. I still live in this apartment. How to transfer an apartment to yourself? The notary said that if I was registered and still live here, then everything can only be formalized by a notary. Is it so?
Sergey
Civil Code of the Russian Federation Article 1153.
Ways to accept an inheritance
1. Acceptance of an inheritance is carried out by submitting, at the place of opening of the inheritance, to a notary or an official authorized in accordance with the law to issue certificates of the right to inheritance, an application from the heir for acceptance of the inheritance or an application from the heir for the issuance of a certificate of the right to inheritance.
If the heir's application is handed over to the notary by another person or sent by mail, the heir's signature on the application must be certified by a notary, an official authorized to perform notarial acts (clause 7 of Article 1125), or a person authorized to certify powers of attorney in accordance with clause 3 of Article 185.1 of this Code .
(as amended by Federal Law dated May 7, 2013 N 100-FZ)
(see text in the previous edition)
Acceptance of an inheritance through a representative is possible if the power of attorney specifically provides for the authority to accept the inheritance. A power of attorney is not required to accept an inheritance by a legal representative.
2. It is recognized, until otherwise proven, that the heir accepted the inheritance if he performed actions indicating the actual acceptance of the inheritance, in particular if the heir:
took possession or management of inherited property
took measures to preserve the inherited property, protect it from encroachments or claims of third parties
made at his own expense expenses for the maintenance of the inherited property
paid at his own expense the debts of the testator or received funds due to the testator from third parties.
If you have taken actions indicating actual acceptance of the inheritance, then in this case the law does not require the heir to submit an application to accept the inheritance. However, it should be borne in mind that actions for the actual acceptance of the inheritance must be performed by the heir within the period established for acceptance of the inheritance (Article 1154 of the Civil Code of the Russian Federation).
The time limit for applying for a certificate of right to inheritance by the heir who actually accepted the inheritance, as well as by the heir who accepted the inheritance upon application, is not limited by law. Contact a notary to obtain a certificate.
Regards, Anna.
The notary said that if I was registered and still live here, then everything can only be formalized by a notary. Is it so?
Sergey
The notary must issue you a certificate of inheritance for the apartment. With this certificate, you will need to contact Rosreestr or the MFC and carry out state registration of the transfer of ownership of the apartment.
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How to re-register an apartment after death
Many are property owners, but do not think about subsequent owners. How to re-register an apartment after the death of the owner - this is the question asked by the heirs. This is quite simple to do under the law, unless there is a will, according to which the property passes to a certain person. To receive the appropriate certificate, you must declare your rights and accept the inheritance.
Re-registration of an apartment will not be a hassle if you consult a lawyer in advance, who will tell you how to act depending on the situation.
To begin, you need to prepare the following documents:
If questions arise, answers should be sought not only from lawyers, but also in the Civil Code of the Russian Federation, which regulates all property processes. If the owner did not leave a will, then the question of how to re-register the apartment after death will become the main issue for the heirs. In the absence of certain documents, the property becomes the property of the first priority heirs. This category includes the spouse and children, as well as the parents and grandchildren of the deceased. Those who were registered or were in the share can claim part of the apartment. Having collected the necessary documents, the heirs make an appointment with a notary, who opens the inheritance case.
You can take possession only after 6 months.
This period is set specifically so that other relatives have the opportunity to contact a notary. If no claims arise during this period, then the heirs are explained their rights and are offered to divide the property into equal shares.
The apartment most often goes to the spouse, since real estate is considered joint property. But the interests of other heirs are also taken into account, so the issue of joint ownership is often raised. The heir who has received ownership of the apartment must approach Rosreestr with an extract from the court decision and register the property.
If there are no heirs in the first place, then the living space is divided between the persons who inherit by law in the first or second place. Re-registration of an apartment is a long process with its own undercurrents, so it is better to be patient and also consult a lawyer.
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Re-registration of the apartment
The life strategies of citizens motivate some to re-register real estate during their lifetime, others transfer property by will, and still others leave the issue to fate.
Each option provides specific options for action based on specific conditions.
Re-registration of an apartment after the death of the owner without a will
If there was no will in principle, the apartment is inherited “in order of priority.”
If, according to the will, it is transferred to a non-relative, then even a close relative living in the premises will not be able to transfer it to himself. Some cases are considered in court.
The non-willed property of a deceased citizen, along with other valuables, is transferred to close relatives. This procedure is called inheritance by law.
The process of rules for the transfer of inherited property is regulated by the Civil Code, where chapters 61-65 define the procedure for inheritance rules and powers.
Chapter 63 stipulates the conditions of inheritance by law.
Preference goes to close relatives:
Of these, additional benefits are obtained:
After the death of the owner, a group of applicants from among the persons of the first priority approaches the notary with supporting documentation. The notary opens the inheritance. From the moment of opening, you need to wait 6 months, when it is permissible to present claims from interested parties (see Obligatory share in the inheritance).
After six months, the notary draws up an inheritance estate for the total number of heirs.
The legal norms are explained to them and they are offered, by mutual agreement, to distribute the inheritance into equal shares.
The apartment is often left to the spouse, since it is considered jointly acquired property. Then the remaining participants in the first stage receive other property or money of the deceased. But here, too, the issue of joint ownership is taken into account.
The heir who received the apartment receives a certificate of inheritance, with which he goes to Rosreestr to receive a “Certificate of Ownership”. If relatives are unable to resolve the issue by agreement of the parties, they go to court.
A citizen who has received premises by a court decision goes to Rosreestr with an extract from the court decision and registers ownership.
If there are no heirs in the first line, claims arise from persons who inherit by law in the second or further stages.
Re-registration of an apartment to a close relative
Without a legal procedure that mediates the transfer of rights to a close relative, re-registration of housing is not advisable. For this purpose, specific property transactions, such as donations, are provided.
If the apartment has been owned for more than 3 years, it is permissible to draw up a purchase and sale agreement. If the property was owned for less than the specified period, the owner will have to pay personal income tax (see Sale of an apartment owned for less than three years).
The deed of gift is drawn up in a notary's office. Usually - according to a standard sample, on a form with protective watermarks. If a close relationship is confirmed, persons are exempt from tax deduction. which for others is 13% of the value of the property (see Payment of tax upon receipt of an inheritance and registration of a deed of gift).
In addition, relatives are provided with a discount on the services of drawing up a standard contract.
Confirmation is on a documentary basis. The moment when the parties are related is negotiated with a notary before drawing up a deed of gift (see How to draw up a deed of gift for an apartment).
A gift agreement is a one-sided transaction, but both parties must be present when it is drawn up. The donor writes a statement on the basis of which documentation for the transaction is drawn up. By signing both copies of the deed of gift, the parties transfer the object in the prescribed manner.
It is permissible to draw up papers for the transfer of an object in a legal consultation or real estate company. The parties can carry out the procedure independently, drawing up copies in free form, but taking into account the rules of drafting and legally correct language that does not allow interpretation.
Having received a package of documentation from the donor, the new owner registers the apartment with Rosreestr. on the basis of the drawn up deed of gift.
Other citizens prefer to draw up a bill of sale. For the most part, it is of a purely formal nature, becoming an integral part of the process of re-registration of living space for children (other close relatives). The state does not restrict such transactions for relatives, but cancels the property return due to the buyer of real estate in their direction.
If relatives transferred the property through a deed of sale, this agreement will become the basis for obtaining a “Certificate of Ownership”.
Drawing up a property transaction agreement is required to form a legal basis. If the transfer of the object is carried out by re-registration at the request of the owner, a precedent will arise of the absence of a title document.
This allows for legal consequences in the form of difficulties in further property transactions with the object. It is likely that you will have to go to court to reinforce the legal grounds.
Re-registration of an apartment for a wife
The following property transactions are allowed in relation to spouses:
Based on the drawing up of a will or contracts. property will pass from one spouse to the other.
Additionally, there is an expedient option for transferring property between married citizens - a marriage contract.
When drawing it up, it is permissible to make other adjustments to family life.
In this case, the husband or wife transferring ownership of the property chooses the following options:
- Transfer the property from the moment the contract is signed.
- Make arrangements in the event of divorce or death of the owner of the property in favor of the spouse.
If there is a marriage contract, the provisions of the Civil Law in relation to the persons who drew up such an agreement are canceled. The contract limits the claim to living space even to children.
If it is available, no one other than the spouse has the right to claim to move into the premises without the consent of the owner.
Documents for re-registration of an apartment
Participation in a property transaction involves the provision of several types of documentation:
As you can see, the legal support of the transaction does not provide for the cancellation of the provision of the required papers or a reduction in their volume, even in the case of the sale of real estate to a close relative.
Re-registration of an apartment with a mortgage
An unpaid mortgage loan does not become an obstacle to prohibiting a property transaction. Including to a close relative. The main thing here is the agreement with the bank.
If only the right to an apartment is alienated, and the balance of the debt remains with the payer, the contract must be re-signed with the bank employees. In any case, the owner's ownership will come into force only after the loan obligations have been repaid.
If the property is re-registered together with an outstanding loan, the right to the apartment is transferred, with the transfer of the encumbrance to the new owner. The mortgage is reissued according to an algorithm established by investors.
The procedure will require an application to the bank, providing detailed information about the participant in the transaction.
The deal will take place subject to the bank's approval of the buyer. He is interested in the only criterion - solvency. After receiving the bank's consent to the transaction, the object can be transferred in a way chosen at the discretion of the parties.
If the borrower pays off debt obligations ahead of schedule, the property is transferred without encumbrances, without obtaining permission from investors (see Sale of an apartment with a mortgage).
Features and nuances
The scope of the listed actions goes beyond the transfer of social non-privatized housing to a close relative. which is used on the basis of a social rental agreement concluded with the administration of the locality. Such housing is transferred only with the permission of the head of administration.
The owner needs to go to the local executive committee and write an application with a request to re-register social rent in the name of a relative. The application indicates the passport details and degree of relationship of the citizen claiming to be the copyright holder.
The decision is made by the administrative commission. After its acceptance, the applicant is notified that an extract from the decision is ready, which is prepared within 3 days. Here they will issue a permit with which citizens need to go to the administration to conclude a new rental agreement and terminate the old one. The procedure is subject to inclusion in cadastral records.
It is most advisable to use an additional agreement to the main social tenancy agreement when drawing up an assignment agreement.
It consists in the assignment of the rights of one person in favor of another, who, thus, acquires a legal basis for the disposal of housing. Sometimes regional municipalities prefer these types of transfer of rights.
If a deed of gift is drawn up in favor of a minor child or a person under the age of 18, the following types of re-registration are permissible:
- The deed of gift is drawn up in favor of the incompetent owner with a deferment until the age of majority. A person under the age of 18 (14) is represented by his legal representatives.
- A will allows for the execution of a testamentary refusal when a person who does not have the right to dispose of the housing remains in the apartment transferred to the heir. In his favor, guarantees are provided for the use of the premises throughout his life. Such settlement is considered to be a burden on the owner.
When transferring an object, in this case it is necessary to preserve the rights of the person living on the basis of a testamentary refusal. If the transfer is made to a close relative, the terms of the testamentary refusal may be transferred along with the real estate.
When children under 18 years of age are registered in the re-registered territory and will remain in the living space after the transfer of rights, it is advisable to obtain a certificate from the department of guardianship and trusteeship authorities stating that their constitutional interests have not been violated.
In this case, it is permissible to do without their discharge.
Will, donation, purchase and sale: choosing an option
First of all, the owner of the premises should understand his own preferences.
If he wants to live safely on his territory until the end of his life, without being burdened with problems with the transfer procedure and its legal consequences, it is advisable to draw up a will.
The testamentary form of transfer provides an almost one hundred percent guarantee. It is clear that in this case he will not see the results of the transfer.
The purchase and sale agreement will transfer the property immediately. Neither the owner himself nor other interested parties have the right to demand the return of the premises. Sometimes the preference for drawing up a bill of sale is motivated solely by its unconditional nature.
The deed of gift allows both immediate transfer of property and entry into force after a certain period. But the date is indicated specifically; here it is unacceptable to blur legal boundaries, for example, by referring to the moment of death. In addition, it is much easier to challenge a deed of gift, seeking the return of real estate, than in the case of a deed of sale.
Based on these differences, the homeowner has the right to choose the appropriate re-registration option. Otherwise, the characteristics of the procedures are the same, neither in terms of costs (provided that the apartment has been owned for 3 years or more), nor in terms of additional financial benefits, there are practically no differences.
Read also: Service apartments
Re-registration of an apartment after the death of parents
The registration process can take from one week to a month. Read more about buying and selling an apartment in our article. Donation: instructions Step 1: Draw up an agreement. You can do this yourself - you need to download the sample and fill it out. You can do it with a notary - this option is more expensive. The notary will ask you to provide documents: passports of the donor and the donee, certificate of ownership of the apartment, an extract from the unified state register of rights to real estate, a certificate of those registered in the apartment. Step 2: If there are other owners of this apartment, we certify their consent with a notary. Step 3: The notary draws up an agreement, in which he must specify the cost of the apartment, which in no case should be underestimated, since the transaction may not be registered. Step 4: Pay the state fee and notary services. Step5: He takes all your documents (except passports), gives you receipts and begins processing and registering the gift transaction. Step 5: We come to collect the documents and certificate of title to the apartment on the appointed day.
Re-registration of the apartment
Some cases are considered in court. The non-willed property of a deceased citizen, along with other valuables, is transferred to close relatives. This procedure is called inheritance by law. The process of rules for the transfer of inherited property is regulated by the Civil Code, where chapters 61-65 define the procedure for inheritance rules and powers. Chapter 63 stipulates the conditions of inheritance by law. Preference belongs to close relatives: parents and children, spouses and grandchildren inherit by right of representation. From among them, additional benefits are received: After the death of the owner, a group of applicants from among the persons of the first priority approaches the notary with supporting documentation.
Re-registration of an apartment after the death of parents
A power of attorney is not required to accept an inheritance by a legal representative. 2. It is recognized, until proven otherwise, that the heir has accepted the inheritance if he has performed actions indicating the actual acceptance of the inheritance, in particular if the heir: has taken possession or management of the inherited property, taken measures to preserve the inherited property, protect it from encroachments, or claims of third parties, made at his own expense expenses for the maintenance of the inherited property, paid at his own expense the debts of the testator or received funds due to the testator from third parties. Article 1154.
Online consultation - What is the time frame for re-registration of an apartment after the death of the main tenant?
Is not it? Thank you For six months after my mother’s death, I had to submit an application to a notary to enter into an inheritance, after which, if all the documents for the apartment were in order, the notary would issue a certificate of ownership of inheritance by law. Since you did not submit an application, you missed the deadline for entering into inheritance. The heirs will be. children of the deceased, spouse, parents.
How to transfer an apartment to another person?
Let's look at all the options. Possible methods Re-registration of an apartment invariably involves paperwork.
Today, there are several ways to reissue a certificate of ownership. Purchase and sale agreement It is mainly used to re-register an apartment to another owner who is not related to the owner by kinship.
The main tenant has died
You have already gone to the passport office and checked the deceased out of the apartment. But the bills keep coming in his name. What to do? First of all, you need to gather all the adults registered in this apartment and all go to the housing complex together. There, the person who, according to the decision of the relatives, will be the new tenant fills out an application. All registered adult relatives put their signatures with transcripts and dates of birth; for children, first names, last names, patronymics are entered, and dates of birth are also indicated.
How to re-register an apartment for my daughter?
Re-registration of ownership of an apartment
Pravoman - Unified Center for Housing and Legal Information pravoman.ru
When does ownership transfer? Where and how can I re-register property? The transfer of ownership of a real estate property can be the result of privatization, inheritance or gift, transfer of property by exchange or rent agreement.
When changing the owner of the property, it will be necessary to re-register ownership of the apartment, the meaning of which is to create a certain package of documentation illustrating the essence of the transaction.
Important! If you are dealing with your own case related to the re-registration of property rights, then you should remember that:
How to re-register ownership of an apartment?
There are several options by which you can re-register the certificate of ownership of an apartment to another person.
- Sale (purchase) of an apartment. According to the law, this transaction must be accompanied by the signing of an appropriate agreement and payment of state duty. In addition, those who sell residential premises will have to pay a tax deduction on the income received, and those who buy, on the contrary, claim tax benefits.
- Exchange. This method is used less frequently and most often by people who want to change their living conditions.
- Giving. This method makes it possible to avoid paying taxes and collecting a large package of documentation.
- Receiving an inheritance. This method is used between relatives. however, inheritance of property by a stranger is also possible. Often this option involves the execution of a will, which stipulates the persons and the property that he will inherit.
- Division of jointly acquired real estate. Used when re-registering an apartment or part of it upon divorce.
Documents for re-registration of ownership of an apartment
To re-register an apartment (or part of it), you will need the following documents.
- Documentation for residential premises (privatization certificate, gift agreement, purchase and sale agreement, will and others)
- Cadastral passport, documents from the BTI
- Personal documents of re-registration participants
- Notarized permission of all apartment owners.
The package of documents standard for these procedures required for registering the transfer of ownership will increase if you re-register housing for a minor child, you must additionally provide:
When a sale or purchase transaction occurs, it is necessary to draw up an agreement in writing and submit an application to Rosreestr to register the ownership rights of the buyer or the recipient. After which the recipient or buyer becomes the full owner of the apartment.
The procedure for re-registration of an apartment to another owner
Let's consider the nuances of re-issuing a certificate of ownership of an apartment:
- Buying real estate is considered one of the most reliable options.
Often it is simply unrealistic to challenge the transaction procedure, which is based on mutual settlements. In this case, the buyer's rights are protected as much as possible. At the same time, the seller is deprived of the opportunity to refuse the purchase and sale transaction.
As for the recipient, he can dispose of it individually, since the re-registered piece of real estate is not considered as joint property and is not included in the property that is subject to division.
Purchasers of residential premises under this agreement are faced with constant claims from the owner of the apartment, which may ultimately lead to the cancellation of the original agreement. The help of a notary makes it possible to ensure the interests of the parties to the transaction as much as possible.
The rights to the apartment remaining after the death of the owner may appear to one or more heirs, who can take advantage of the order of inheritance by will or law.
First of all, you need to contact a notary office in order to determine the inheritance mass. Next, at the request of the notary, you need to bring technical documentation. The procedure for transferring ownership rights when inheriting an apartment lasts 6 months. If issues arise with the allocation of shares, they are resolved through participation in court proceedings.
Important! Re-issuing a certificate of ownership of an apartment without a notary is a constructive option when purchasing property in a new building. In other cases, the participation of a notary is required, who will be responsible for a full-fledged property transaction.
Re-registration of real estate after the death of a person
After the death of the owner of the living space, you need to contact the notary’s office with an application, as well as the following documents for state registration of the transfer of ownership:
Important! The procedure for transferring an apartment to the heirs lasts 6 months, after which the owners receive all the documentation for the housing.
The choice of method for re-registering property to another person depends entirely on the specific case. Which one is preferable must be decided taking into account all the nuances, including those that appear after a certain period of time.
ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.
Ways to re-register an apartment as the property of another person
How to refurbish an apartment? This question sooner or later begins to worry every home owner who wants to transfer his property to another person. To re-register ownership of an apartment, you need to collect a huge number of documents, pay all the necessary government fees and notary fees. In addition, during the re-registration process, any inaccuracies in documents may arise, which can complicate and delay the entire process. Therefore, re-registration of an apartment is a rather troublesome and complex process, taking a lot of time and effort.
There are several ways to re-register an apartment as the property of another person. The most common of them are purchase and sale, donation, exchange, rent, acceptance of inheritance, as well as an agreement on the division of property between spouses.
Each of these forms of transactions has its own advantages and disadvantages. By choosing the right method of transferring property, you can not only avoid any troubles when completing a transaction, but also significantly reduce taxes.
Purchase and sale and donation as ways to re-register an apartment
How to properly re-register an apartment through a sale or purchase transaction or donation?
To do this, you first need to collect the following package of documents:
- passports of the parties to the transaction;
- (sale and purchase agreement, gift agreement, certificate of ownership, etc.);
- notarized permission of all co-owners of the property;
- To complete a sale or purchase transaction, you must obtain permission from all co-owners of the property. In addition, if an apartment in which minors, incapacitated or partially capable persons are entitled to shares is alienated, then it will also be necessary to obtain a resolution from the guardianship and trusteeship authorities.
The second spouse will also need to obtain notarized permission to alienate the apartment if the housing was purchased during a registered marriage.
- Extract from personal account and house register about residents.
- Extract from the cadastral passport (if the apartment is sold for the first time after privatization). Necessary for any transaction with an apartment. You should contact the Technical Inventory Bureau and call an employee to inspect the apartment. This is necessary in order to make sure that there are no uncoordinated redevelopments in the room. Cadastral documents are valid for only 5 years; after this period, you will have to pay for re-issuance of the cadastral passport.
- If it is necessary to transfer the apartment to a minor child, the consent of the guardian or one of the parents must be added to the above documents. and its acceptance as a gift in the future will be handled by the specified person.
- Contract of sale or gift.
- For a sale or purchase transaction, a written agreement must be drawn up and an application must be submitted to Rosreestr to register ownership of the buyer or recipient.
After these actions, the buyer or recipient will become the full owner of the apartment.
The advantage of re-registering an apartment through a purchase and sale transaction is that such transactions, if the documents are properly executed, are almost impossible to challenge. Complete alienation of housing is a disadvantage of such a transaction. And if the owner himself wants to return the apartment, it will be impossible to do so.
The advantage of re-registration of an apartment by donation is that this housing will remain with the recipient during a divorce. For example, in the event of a divorce from her husband and division of property, a daughter will keep the apartment given to her by her parents, since the gift will not belong to the joint property acquired during the marriage. Another advantage of donation is the opportunity to return the donated apartment back by going to court in the manner prescribed by law. The disadvantage of such a transaction is the need to pay a large amount of gift tax if the apartment is gifted to a distant relative or a stranger.
Re-registration of an apartment after death
How to re-register an apartment after death? All heirs by law or those specified in the will, if there is one, can obtain ownership of the testator’s apartment. The testator can dispose of his apartment during his lifetime and bequeath it to any person. But if during his lifetime he had dependent minors, incapacitated or partially capable persons, then these persons will certainly have the right to shares in the apartment, even if they are not mentioned in the will.
In order to re-register the testator’s apartment, the heirs need to accept the inheritance and obtain a certificate from a notary’s office, which may be located at the location of the home or at the last place of residence of the deceased person.
In addition to the application and passport of the applicant, it is necessary to provide a certificate of ownership of the apartment being inherited, a death certificate of the testator and documents confirming the relationship with the testator. If the apartment is transferred according to a will, then documents on kinship are not needed. In addition, the notary will need to provide an extract from the cadastral passport and a copy of the cadastral plan. These documents can be obtained from the Technical Inventory Bureau at the request of a notary, even if you are not the owner of the property.
The deadline for accepting an inheritance is 6 months from the date of death of the testator, but if this deadline is missed for a good reason, it can be restored in court.
The apartment left by the testator passes to the heirs by law in equal shares or according to the will. All controversial issues regarding the determination of shares are resolved only in court. The notary will issue a certificate of inheritance only when all the heirs come to a voluntary agreement on the division of shares.
After receiving the certificate of inheritance, you must contact the territorial body of Rosreestr to obtain.
Other ways to re-register an apartment
Very common ways to re-register an apartment are a notarized pledge agreement and a rent agreement.
The collateral agreement is popular due to the underdevelopment of the state lending system. Currently, a loan can only be obtained by a person with large confirmed incomes or by someone who has mortgaged their own property.
Spouses prefer to enter into an agreement on the division of property, since in this transaction the rights to the property of one spouse arise from the moment the rights to the property of the other spouse arise, that is, there are more guarantees.
Under a concluded rental agreement, funds are usually not paid for the property; property is transferred free of charge, and rental payments are paid in equal parts, and this is beneficial to both parties to the agreement. An annuity agreement has been very popular lately, but it must clearly state all the obligations and rights of the parties, as well as the terms of the transaction, in order to avoid various misunderstandings. Such agreements are usually concluded by single elderly people.
Some features of apartment renovation
What is the best way to redecorate an apartment? What method can I use to quickly transfer an apartment to my husband, daughter or another person? How to reduce re-registration costs? There is no clear answer to this question. It all depends on the individual characteristics of the transaction and the parties.
It uses a simplified division procedure that can be calculated initially. True, if an entire property is divided (for example, a one-room apartment into two or three heirs), some difficulties may arise in the future if they were not initially settled by the owner during his lifetime and are not reflected in the will. Usually in such cases, after receiving a share in the apartment, one of the heirs moves into the home as an inheritance, and their shares are simply bought out from the rest, or the issue is resolved in another way (for example, exchanged for a car, a dacha, or other property of one of the owners).
Inheritance after the fact Often, inheritance of a share in an apartment occurs after the fact, without timely execution of documents.
Re-registration of a non-privatized apartment after the death of the father: how to do it?
In exceptional cases, other persons may also be recognized as family members of the tenant of the dwelling if they permanently reside with the tenant and maintain a common household with him for at least five years. Disabled dependents are members of the employer's family if they live permanently with the employer.Family members of the tenant enjoy the same rights as the tenant and bear the responsibilities arising from the contract for renting housing from the state housing stock.
Inheritance of a share in a privatized apartment
If after the death of the testator there is no will, then the property is divided among the heirs of the same order in equal shares.Heirs of a lower order do not participate in the division if there are heirs of a higher order.
Priority for inheriting a share in a privatized apartment: first priority (children, spouse, parents); second stage (brothers and sisters, grandparents); third line (aunts and uncles); fourth stage (great-grandparents); fifth stage (cousins and granddaughters, great-uncles and grandmothers); sixth stage (great-great-grandsons and great-granddaughters, great-uncles and aunts, first-cousin nieces and nephews); seventh line (stepsons, stepdaughters, stepfather, stepmother). Need to know In the Civil Code of the Russian Federation there is such a thing as the right of representation.
Re-registration of an apartment after the death of the owner (page 2)
The question needs to be supplemented with the missing details, and if there are documents, then it may be necessary to convey their exact meaning (it is better to transmit their “scans” or digital photocopies). For further exchange of information and proposals (to ensure confidentiality), it is better to contact directly the email address: if there are heirs of the first priority and there is no will yet, then whether or not there is a part in the property of any of the heirs, the property that belonged to the testator is inherited in equal shares 95 days ago Anonymous, my mother and I had 2 shares of the day and you were going to your courtyard.Re-registration of a privatized apartment after the death of the owner
A power of attorney is not required to accept an inheritance by a legal representative.2. It is recognized, until proven otherwise, that the heir has accepted the inheritance if he has performed actions indicating the actual acceptance of the inheritance, in particular if the heir: has taken possession or management of the inherited property; took measures to preserve the inherited property, protect it from encroachments or claims of third parties; made at his own expense expenses for the maintenance of the inherited property; paid at his own expense the debts of the testator or received funds due to the testator from third parties.
Article 1154.