Is it possible to overwrite the property. How to re-register an apartment for a relative? step by step guide
When does ownership transfer? Where and how can property be re-registered? The transfer of ownership of a property may be the result of privatization, inheritance or gift, transfer of property by exchange or rental agreement.
When changing the owner of the apartment, it will be necessary to re-register the ownership of the apartment, the meaning of which is to form a certain package of documentation illustrating the essence of the transaction.
How to re-register the ownership of an apartment?
There are several options by which you can reissue a 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, the seller of a dwelling will have to pay a tax deduction from the income received, and the one who buys, on the contrary, claims tax benefits.
- Exchange. This method is used less often and more often by people who wish to change their living conditions.
- Donation. 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 an outsider is also possible. Often this option involves the execution of a will, which specifies the persons and the property that he inherits.
- Division of jointly acquired real estate. It is used when re-registering an apartment or part of it in case of divorce.
Documents for re-registration of ownership of the apartment
To re-register an apartment (or part of it), you will need the following documents.
- Documentation for residential premises (certificate of privatization, donation agreement, sale and purchase agreement, will and others);
- Cadastral passport, documents from BTI;
- Personal documents of participants in the re-registration;
- Notarial permission of all owners of the apartment.
The package of documents standard for these procedures, necessary for registering the transfer of ownership, will increase if you re-register housing for a minor child, you must additionally provide it with:
- certificate of no debt for utilities;
- information about the composition of the family;
- paper from the housing office, which confirms the legality of various redevelopments in the room (in case they were carried out);
- consent of a guardian or one of the parents.
In the event of a sale or donation transaction, it is necessary to draw up an agreement in writing and submit an application to Rosreestr to register the ownership of the buyer or the person being gifted. After that, the gifted person or the buyer becomes the full owner of the apartment.
The procedure for re-registration of an apartment for another owner
Consider the nuances of reissuing a certificate of ownership of an apartment:
- Buying a property is regarded as one of the most reliable options.
It is often unrealistic to challenge the transaction procedure, which is based on cash settlements. In this case, the rights of the buyer are maximally protected. In the same turn, the seller is deprived of the opportunity to refuse the purchase and sale transaction.
- If the basis for re-registration of ownership of the apartment is a gift, then you need to understand that if the donor changes plans, he has the right to insist on the return of housing through the court.
As for the gifted person, he can dispose of it solely, since the re-registered real estate object is not considered as joint property and is not included in the property that is subject to division.
- Rent makes it possible to transfer a property object to another individual, and the conclusion of an agreement is not tied to family ties. The settlement of the transaction is made by paying equal payments for a specific period of time, determined by the clauses of the annuity agreement.
Purchasers of residential premises under this agreement are faced with constant "claims" from the landlord, which as a result may lead to the annulment of the original agreement. The assistance of a notary makes it possible to observe the interests of the parties to the transaction as much as possible.
- The transfer of a property by will or inheritance requires a list of documents of a standard type, as well as a certificate of death, inheritance and papers that demonstrate the presence of family ties.
The rights to an apartment left after the death of the owner may appear with one or several heirs, who can use the inheritance procedure by will or law.
First of all, you need to contact the notary's office in order to determine the inheritance mass. Further, at the request of the notary, you need to bring technical documentation. The procedure for the transfer of ownership when inheriting an apartment lasts 6 months. If questions arise with the allocation of shares, they are resolved by participating in the trial.
Important! Reissuing a certificate of ownership for an apartment without a notary is a constructive option when acquiring property in a new building. In other cases, the participation of a notary is required, which 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 apply to the notary's office with an application, as well as the following documents for state registration of the transfer of ownership:
- a document confirming the right of ownership (in case of inheritance on the basis of a will);
- death certificate of a person who is actually the owner of the property;
- a set of technical documentation prepared by the bodies of technical inventory.
Important! The procedure for transferring an apartment to the heirs lasts 6 months, after which the owners receive all the documentation for housing.
The choice of the method of re-registration of ownership of 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 the article could be out of date! Our lawyer will advise you free of charge - write in the form below.
Currently, shared ownership of an apartment is a fairly common phenomenon. Usually, a dwelling comes into common shared ownership on various legal grounds: in the order of privatization, by inheritance, under a sale and purchase agreement, an apartment can be acquired in shared ownership.
Relations between owners of shares in one apartment are regulated by the norms of the Civil Code of the Russian Federation on common property. It follows from these norms that "shared" owners (or "co-owners") own, use and dispose of a "common" apartment by agreement between themselves. If there is no agreement between them, then any of them can apply to the court for the protection of their violated or contested rights.
What is the best way to share
Any of the "shareholders" has the right to transfer their part in the ownership of the apartment to any person, including a relative of any degree of kinship. If this right is transferred by concluding a gift agreement, then the legislation does not contain any restrictions in this case. The parties sign the specified agreement, after which the transfer of ownership from the donor to the donee is subject to state registration with Rosreestr. This is where it all ends: one becomes the owner of a share of the apartment, the other ceases to be such.
Important! If the owner wants to sell his share, then he can do it, but there are certain restrictions: the owners of the remaining shares in the ownership of this apartment have the pre-emptive right to purchase.
That is, if they want to buy a share, they have an advantage over other buyers. The share must be sold to them (if there are several of them and everyone agrees to the purchase, then they are all indicated in the contract of sale on the side of the buyers). The seller is obliged to notify the "co-owners" in writing of his intention to sell his share and indicate on what conditions he wants to sell it, and also give them a period for a response - at least thirty days.
Upon receiving a positive response, he must make a deal with them. Upon receipt of a refusal and in the case when there is no answer at all, the seller of the share can dispose of it at his own discretion. In the case when one of the “co-owners” wants to buy a share, it is not required to notify the others about the sale of the share.
Re-registration of an apartment to another person may be necessary in a variety of situations. Therefore, the methods of this procedure may be different.
It all depends on the financial condition of the parties, as well as their relationship.
What is the re-registration of an apartment for another person
This is the transfer of ownership of a home to another person.
Often, apartment owners want to transfer their housing to relatives for domestic reasons. The law provides them with the opportunity to do so through various procedures.
At the same time, even the usual sale of an apartment is considered to be its re-registration to another person. Only if in the first case of donation the owner transfers his right free of charge, then during the sale he intentionally receives money for this.
What are the ways to transfer housing
There are several of them. First, we will simply list them, and below we will consider each case in more detail:
- Purchase and sale;
- Exchange (exchange);
- lease agreement;
- donation;
- Inheritance and division of joint property.
What methods are suitable for re-registration
Let's consider separately each case connected with different subjects. This is due to the fact that not all methods are equally well suited, for example, to the children of the owner of the apartment and his distant relatives.
Choosing the right way is extremely important so that later there are no complications and legal confusion.
With a stranger, a contract of sale, as well as rent, is best suited.
For spouses
Spouses can transfer their ownership in various ways, and the choice will be determined depending on the relationship between them.
Suppose there is a divorce, then most likely the property will be divided. But, since it is impossible to actually divide the apartment into two parts, it is possible that one party will pay compensation for the other party's share.
You can also be guided by the contract of sale, exchange, etc.
Property division can only be made with housing that was received during the marriage at the expense of both spouses. Then they get the same shares in the apartment.
For children
In the case of children, the methods of donation and inheritance are most often used. These methods will help to transfer property to younger family members without any problems.
For donation, you will need a few less documents. Besides in this scenario, you will not have to pay taxes to manage their property. So donation is better than inheritance.
On the other hand, inheritance is suitable if the owner does not want to part with the property, but is ready to transfer it to the children after death, as is usually done.
It is enough to draw up the appropriate paper to be confident in the future of your children, who will also know that real estate will not go anywhere to third parties.
Cases with minors and those who have already reached the age of 18 are very different from each other.
If above we considered the case with adult children, now we will describe the features of the transfer of housing to a minor child.
So, only a donation agreement is suitable for him. It must be drawn up and signed in a notary's office, accompanied by a specialist.
Also adults who represent the interests of the child must be present when signing the contract, who does not have the right to sign papers, the child himself and, finally, the direct donor, whose apartment will be transferred to the minor.
If the transferred apartment is jointly owned by the spouses, then the second spouse must express his consent to the transaction in the form of a written statement.
What is each method
Now, to clarify, let's take a closer look at the description of each method:
Purchase and sale
Such a transaction is carried out by strangers, and its main feature is a certain amount of money paid for the renewal of ownership.
You can only sell a privatized apartment that is not in municipal ownership.
It is important to remember that it is impossible to sell an apartment and generally freely dispose of it if it is jointly owned with a partner. In this case, his consent will be required.
Since legally each owner has his own share corresponding to the number of owners, none of them can transfer his part to a third party.
Mena
This method is usually used by people who cannot afford to buy another apartment separately. Therefore, two owners can agree among themselves and exchange property. At the same time, the apartment can even be privatized from both one and the other.
A “mixed” exchange is also possible, when an apartment is privatized on one side, and not on the other.
On the other hand, there are a number of restrictions imposed by the states on transactions with non-privatized property.
So if the authorities have a claim against the owner for violation of the rental agreement, then the transaction may be rejected by Rosreestr.
Also, they will not “miss” a deal with housing in an emergency building, where living conditions are difficult.
When exchanging, it is important to take into account the inequality of apartments. Since there is no absolutely similar housing, appraisers will give a different price, even if the fluctuations are several thousand. In such cases difference in cash can be paid one of the parties.
donation
Giving it gratuitous transfer of property to another person. It does not require you to pay state taxes.
Like all methods, donation has a number of its own characteristics.
Firstly, the donor may at any time after the conclusion of such an agreement terminate.
Secondly, the property transferred by donation will not become joint property. This is important if, for example, the son who got the apartment is divorced. In this case, the spouse will not receive their share.
Immediately after the registration of the donation agreement, the person specified in the agreement becomes the owner. This is the main difference between donation and inheritance, which is often compared with it. In case of inheritance, on the contrary, the entry into property rights occurs only after the death of the former owner.
Rent
An annuity implies that the owner will transfer his rights to another person after he pays the required amount in the form of a monthly payment.
Rent is often used by older people so that future owners can take care of them, provide food, medicine, etc. with the same funds. In this case, ownership passes on the death of the previous owner.
Such contracts are insured against unforeseen circumstances.
To comply with the clauses of the contract for a long time, trust between the parties is necessary.
It is important to make sure that there are no other applicants for the apartment who could claim their property or at least a share in it after the death of the owner.
In an annuity agreement, each clause of the contract is very important. So, for example, usually The owner can terminate the contract at his own will., unless its terms provide for the opposite situation.
An annuity agreement, despite its apparent simplicity, is quite complex and fraught with many conflicts, especially if the people who will be executing it for several years do not get along in character.
Inheritance
If the owner indicated several people in his inheritance, then each of the heirs receives an equal share in the apartment. Ownership becomes joint.
If the heir somehow missed the moment of inheritance, then he can restore his legal right in a judicial or out-of-court procedure.
If other owners do not have contradictions that the apartment will have a new co-owner, then this issue can be settled verbally.
If there is a conflict, then you can go to court. The interests of each party will be protected. However, this would require significant evidence.
If there is only one heir, then he can get a privatized apartment by submitting all the papers to government agencies.
Inheritance is impossible without issuing a certificate of the value of the apartment.
Apartment section
An agreement on the division of an apartment is most often used by spouses in a divorce.
In order for it to become possible, each of the spouses must have their share in the apartment.
If housing was obtained by one of the parties before the wedding, then the second person cannot receive the right to housing, at least, unless it is written there later. Therefore, such property cannot be divided.
But if the apartment was received during marriage, then the spouses may have their own shares. In this case, they will need to divide the property during a divorce.
Since the apartment, in the end, will go to only one owner, the second should receive compensation for the waiver of his rights. It can be expressed in money.
You can achieve payment with the help of the court or agree among themselves without the intervention of an arbitrator. Otherwise, the parties may apply to the court, which will consider their arguments and make a balanced decision that takes into account all the facts.
At the same time, the spouse's share may be allocated to him in kind. In this case, the room is divided into two independent parts, each of which later becomes an apartment.
After that, it can be sold to someone else. To do this, it is necessary to carry out redevelopment, arrange a bathroom in each part and all the means of life support necessary for a comfortable stay.
Help from professionals
Working with a huge amount of documents can drive anyone crazy. To cope with this task is often not enough energy and knowledge of one person. Therefore, it is worth thinking about contacting professionals who could help in the preparation of documents, and maybe at an earlier stage - determining the method of transferring property.
Legal conflicts can become an obstacle to the re-registration of real estate in the name of another person. Therefore, it is necessary to abandon inappropriate methods already at the planning stage, so as not to waste your time in vain working with extra papers.
A highly qualified lawyer will help determine whether the intended transaction is possible and there are no obstacles that could prevent it.
Also, if there are controversial points, it is the help of a lawyer that will help overcome temporary difficulties associated with working with papers. Assistance can be expressed both in a simple consultation and in accompanying papers up to the moment the transaction is concluded.
Along with lawyers, the help of realtors is important, who will help with the execution of a deal to re-register an apartment for another person. This is especially important when buying and selling, when a stranger is on the other side. In this case, it is necessary not only to draw up a competent contract, but also to make sure that the interests of all parties are observed.
In modern society, there are often situations when a father or another older family member begins to think about how to re-register an apartment for a daughter or other close relative. This can be done in several ways and each of them has its own characteristics, which must be studied in order to make the right decision.
According to Article 549 of the Civil Code of the Russian Federation, a sale and purchase transaction provides that the seller undertakes to transfer ownership of housing, building, structure or real estate to another person.
This is the easiest and fastest way to re-register an apartment for another person. With this option, the transaction is carried out between close relatives without the involvement of a realtor. The contract of sale states that one side - the seller transfers the apartment or house to the property of the buyer, and he pays its cost. A minor child can also live on the territory of the property being sold. In this case, permission from the guardianship and guardianship authorities should be added to the mandatory list of documents.
The nuances of re-registration of real estate
When making a transaction between relatives, a situation often arises when an apartment is transferred, but no funds are received. For example, a mother can re-register a living space in favor of one of the children, and in fact they will not pay her anything. This situation does not comply with current legislation, but is common at the present time. Therefore, an important condition in the preparation of the contract is the mandatory indication of the amount of the transaction. The document is registered in the state chamber, which is obliged to inform the tax office about the purchase and sale transaction. The seller who executed the deal for the amount of more than 1 million grew. rub. and owning a property for less than 3 years, should be aware that the property tax in this case will be 13%.
Entrepreneurial people often underestimate the real cost of an apartment or house in order to avoid additional expenses. And in the contract there is a figure not exceeding the above threshold. But everyone should remember that the tax office can verify the accuracy of the information submitted. And if, as a result of the check, it turns out that the indicated value deviates by 20 percent towards its increase or decrease, then the seller will need to pay additional tax, as well as a penalty. Such "risk" transactions, where there is no actual transfer of funds into the hands of the seller, are now carefully monitored.
The second point is that persons who are in an interdependent relationship will not be able to receive a property tax deduction. These include:
- People who are officially married.
- Adoptive parent and adoptee.
- trustee.
- A person who is subordinate in his position to another person.
If the son or daughter, in whose favor real estate is registered, is married, then their other half becomes a co-owner of the living space. When a marriage is dissolved, the spouse of the person in whose favor the re-registration is being carried out can claim part of the property, since he has a share in the apartment. This can be avoided by first indicating in the marriage contract the fate of this house or apartment after the dissolution of the marriage. Sometimes, after the transaction, an agreement is drawn up on the division of property.
To sell real estate, you must provide a notarized permission of the spouse to conduct the transaction. This procedure also applies to couples who are already divorced. In the event of his death, a death certificate must be added to the package of documents.
When re-registering an apartment for a son, the father has the right not to be discharged, but to continue to live in this territory. But the second side - the son, according to Article 292 of the Civil Code of the Russian Federation, can sell the living space without obtaining the consent of the father. This situation is quite unpleasant and can create inconvenience for the older generation.
Registration of property management as a gift
Re-registration of real estate in this case is issued by the donor in favor of his relatives free of charge. To complete the transaction, you will need to obtain the consent of all parties. The document can be drawn up by one donor or a notary. The term of registration of the transaction takes up to 30 days.
What you need to know about donated real estate
The relative on whom the document is issued becomes the sole owner of the property. Even in the case of a divorce of a married couple, where one of them received an apartment as a gift, it is not subject to division. But according to Article 37 of the Family Code of the Russian Federation, if the spouse proves that he actively participated in the repair, restoration of real estate and thereby increased its value, then he can claim a part of it.
The donor does not pay any fees, because he did not receive any income as a result of the transaction. But with the second side, everything is more complicated - in a transaction drawn up between distant relatives, you will need to pay a donation tax. Otherwise, when spouses, parents, children, adopted children, grandchildren take part, they are exempted from any additional expenses, according to subpara. 18.1. paragraph 1 of Art. 217 of the Tax Code of the Russian Federation.
If the property is owned by a married couple, then the spouse must give appropriate permission. With its help, the second owner of the property alienates the living space acquired jointly in marriage and makes it possible to formalize the gift to another person.
It is difficult to cancel a deed of gift, and in some cases it is impossible at all (when the donee himself does not refuse real estate).
Will
The third option to transfer property to the property of a daughter or son is to bequeath it. In this case, the apartment becomes the property of the son or daughter after the death of the person. To do this, the document must be notarized. In rare cases, other persons act as a notary. For example, it is quite acceptable to certify a will to the head doctor of a nursing home or the head of places of deprivation of liberty. The execution of the will must be recorded by the same notary who made the will. The positive aspect of this method is that the entire inherited living space belongs to the heir and cannot be divided.
Peculiarities
There is a possibility that other relatives who have a mandatory part of the inheritance may claim the property. These include disabled minor children, spouses, parents. In this case, you can arrange an apartment under a sale and purchase transaction or as a gift.
It must be remembered that the testator can revoke his will at any time without giving a reason.
When making a will, a testamentary refusal may be issued. For example, an heir receives ownership of a house or apartment, but on the condition that another person lives in the same living area with him during his life or the period specified in the will.
When real estate is sold, the second person (legatee) will be able to live in this living space. The eviction of such a person is possible only with his voluntary consent.
If there are minor children, the testator must indicate them in the document.
Realtors and lawyers prefer not to work with inherited apartments. This is explained by the fact that other heirs that have suddenly arisen can claim such real estate.
The process of making a deal
A real estate purchase and sale transaction is executed in writing in a simple form in the form of a contract. At the same time, certification by a notary is not necessary, but if desired, you can use his services. In addition, an act of acceptance and transfer of real estate is drawn up. All documents can be issued independently. Both parties to the transaction must go to the registration chamber, where the contract and the rights of the buyer will be registered. The process itself takes 1 month, but the time period may increase due to the collection of a package of documents, drawing up an agreement and an act.
If the living space is framed as a gift, then it is necessary to draw up a donation agreement between the parties to the transaction. It must contain accurate and most complete information about both parties to the transaction and the object - the apartment, all signatures must be affixed and at the end certified by a notary.
In the case of registration of living space with the help of a will, the registration process is somewhat different. The heir draws up the right of ownership after the death of the testator. The heir owns the property from the day the inheritance was opened, that is, from the day the relative died.
In order to formalize your right, you need to contact a notary office and write an application for a certificate. The heir can accept the property within 6 months from the date of opening of the inheritance.
After receiving the certificate, he applies to the registration service to register the right of ownership.
The most profitable way to register an apartment for a close relative is a donation. This method does not require special financial investments.
Step-by-step plan for re-registration of an apartment
So, to re-register real estate in favor of relatives, you need to do the following:
- Carefully study each option, take into account all their advantages and disadvantages. If necessary, you can additionally consult with lawyers.
- Collect all documents, check their completeness and correctness of filling.
- Get them certified by a notary.
- Pay all fees that the selected type of real estate re-registration provides.
- Complete the registration of ownership of the residential area.
How much is the deal?
The price of registration in different places can be different - from 2 thousand rubles. rub. and higher. Additionally, you will have to pay a state duty, the amount of which is prescribed in 333.24 Art. NK.
When making a purchase and sale transaction and donation for state registration of property rights and a transaction agreement, you will need to pay a state duty in the amount of 2,000 rubles to the cashier.
When making a will, the testator will be required to pay a state duty of 100 rubles. This figure is not final and may increase depending on the services of a notary office. For example, they may offer to pay for the services of printing wills, documents or their firmware.
The heir pays the state fee for the issuance of the certificate. There are several nuances here:
- If these are children, spouse, parents, then it is 0.3 percent of the cost of the apartment, but should not exceed 100 thousand rubles.
- Other heirs will have to pay an amount of 0.6 percent, but not more than 1 million rubles. rub.
Registration of ownership is approximately 1000 rubles.
All expenses must be paid on time and confirmed by a document - a receipt, which is presented at the place of demand.
Documents for re-registration of an apartment
To complete the transaction, it is necessary to collect a complete package of circulars. This stage is the longest and most painstaking. The exact list can be found directly at the registration chamber, where they will also inform you about the statute of limitations for each of them. Some are provided as a photocopy, and some are accepted only in original condition. Such points need to be clarified in advance. After collecting all the documents, you must contact the BTI, where they will issue a technical passport for the apartment. An extract from the house book, which is needed to complete the transaction, can only be obtained by the owners of the housing for sale in the passport office. The extract indicates the number of registered people in the apartment for sale.
When drawing up a circular of donation, it is necessary to take into account the following points:
- The date on which the recipient becomes the owner of the property.
- The state of the donor (mental and physical, as far as he is aware of what is happening).
- When making a donation for a part of the apartment, there must be the consent of the other co-owners.
- If the apartment can be arrested, it is in a mortgage or lease, this must be reported to a lawyer or notary.
To complete the transaction, you will need to have with you:
- Circular for both buyer and seller.
- Legal orders for property management.
- Extract from the house book.
- Consent from the spouse and permission from the board of trustees (if necessary).
- Extract from BTI.
After that, you need to contact the registration chamber, where the transaction is certified. The employee of the department takes the documents against receipt and checks them, then they are returned back.
As for making a will, you must have with you:
- Testator's passport.
- Documents for the apartment.
- Identification code.
- Certificate from a medical institution, which indicates the mental state of the testator. Such a step will exclude contestation of the will in the future. For this, a person over 55 years old undergoes a neurologist and a psychiatrist, after which he is issued a conclusion.
- Information about the heir.
In order for the transaction to be successful without additional time, it is advisable to immediately seek help from specialists in this field who will explain the nuances of registering an apartment for a son or daughter and answer questions from a professional point of view.
The question of re-registration of an apartment sooner or later concerns almost every citizen. Housing can be inherited or donated by relatives. In any situation, the apartment requires re-registration.
According to the law, the reissuance process takes a long time, especially if there are errors, inaccuracies in the documents that were not noticed earlier. Legal practice has in its list several ways to re-register an apartment. A person should weigh all the pros and cons, imbued with the topic, so that the procedure goes as quickly and inexpensively as possible.
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Re-registration of the apartment for children (daughter / son)
Parents live and strive for their children. Every parent wants to leave an inheritance to their child. How to survive the renewal process? Document package? Timing?
A few years ago, the government of the Russian Federation made changes to the procedure for transferring property to children. The changes somewhat simplified the course of the procedure, canceling, which had a decent size, thereby complicating the process.
Today, the procedure for transferring property to children is not free, but much cheaper than before.
It is worth starting with the documents that will be required:
- children's birth certificate;
- apartment documents confirming the right of ownership;
- confirmation of the sale and purchase agreement;
- certificate from the BTI of the total cost of housing;
- from the BTI about the technical equipment and detailed components of the apartment;
- from the tax authorities (only if the apartment was previously manipulated);
- on family composition and status (issued by the local police department);
- about the absence of utility debts (issued by the housing department).
At the end of the collection of documents, it is necessary to visit a notary together with the child.
How to transfer ownership of housing to a minor child?
There is a practice of transferring ownership of housing to children under the age of majority, such a procedure is somewhat complicated and will require additional features.
The procedure is based on a donation agreement, one of the copies is transferred to the State Registration Service. The best solution is to resort to the help of a lawyer, he will prepare an agreement taking into account all the subtleties.
For the procedure you will need:
- donor's passport;
- birth certificate of the child;
- cadastral passport of the apartment (issued by BTI);
- appraisal of an apartment from the BTI;
- certificate confirming the right of ownership;
- extract from the house book and personal account;
- information about the composition of the family;
- consent of one of the spouses (when both have ownership);
- relatives who have the right to property;
- from parents / guardian to receive housing as a gift;
- permission from the guardianship and guardianship authorities to represent the interests of the child by a parent who does not have personal housing;
- check for payment of state duty for registration;
- application of the donor on registration of the transfer of ownership of housing;
- o from a child who received property as a gift;
- real estate donation agreement.
To submit documents to the State Registration Service, the presence of the donor, the child and his legal representative is required.
Re-registration of housing for a spouse (husband, wife)
Important! Registration of housing for one of the spouses is a very common procedure in notarial practice. You should be aware of the fact that if the property was purchased in an official marriage, it is already common, without taking into account the fact of initial registration.
The transfer of living space between spouses can occur by the following methods:
- Drawing up a real estate donation agreement.
- Drawing up, according to which one of the spouses will inherit housing in the first place on an equal basis with children.
- Registration of a marriage contract, which specifies the wishes for the donation of property, or prescribes the conditions on the basis of which one of the spouses will become the owner of the property.
Important! If the intender decided to draw up a donation agreement for part of his property was already married, he is obliged to indicate the specific parameters and details of the bequeathed part of the housing. The regulation requires registration with the FGRTS. Subsequently, the contract is not subject to dispute not only by the former second half, but also by children. Neglect of this information may nullify all efforts.
Any of the methods of registering property for a spouse will require a package of documents:
- Documents confirming the identity of the spouses.
- An apartment cadastral passport, if not, you will need an apartment plan (ordered at the BTI).
How to re-register an apartment for parents (mother/father)?
In order to avoid the troubles associated with the fear of property passing into unwanted hands, people are increasingly striving to secure what they have acquired for their closest relatives (parents).
The most convenient way to transfer property to one of the parents is to draw up a deed of gift certified by a notary.
To complete this task, you will need:
- Statements from the hand of the parent to whom the housing is being re-registered that the registration of the ownership of a particular property has been carried out.
- Passports (a certain number of copies and a passport).
- Technical and cadastral passport for real estate or apartment plan with details.
- Certificate from the housing maintenance department (ZHEU) about the absence of debts for utilities.
- From the housing department about the number of registered people in the apartment being re-registered and documents confirming their identity.
Upon state registration, the parent receives a certificate of ownership.
The donor does not pay tax and state duty on the apartment, in connection with the transaction between relatives of the first line.
If the donor and the parent to whom the property is registered have different surnames, confirmation of the degree of relationship will be required to implement the procedure.
From the moment the donation is made, the mother/father acquires a lifetime registration in the apartment.
Important! Often people "get rid" of real estate in order to get on the waiting list for public housing. This trick won't work! Ownership data is stored in the database for about ten years. You can apply for the queue after five years.
How to arrange an apartment for grandchildren?
For the procedure, you can use the following methods of reissuing:
- Will for a grandson.
- Donation.
Will
The registration procedure takes place in the presence of a notary and requires the payment of a state tax in the amount of 0.6 percent of the cost, after, according to Art. 333.24 of the Tax Code.
donation agreement
It is not necessary to go to a notary to draw up a donation agreement; an example can be found on the Internet or in a book on agreements. When drawing up a document, it is important to indicate that the property is provided as a gift. It is impossible to demand from the grandson / granddaughter the actions of courtship to death, it remains only to rely on conscience. It will not work to refuse the donation decision after the transaction, even if the grandson / granddaughter refuses verbal promises.
If the donor is officially married, the notarized consent of the second spouse will be required, since the rights to jointly acquired housing are equal. A donation agreement is contested only in the most extreme cases (Article 578 of the Civil Code), if the gifted person has attempted on the life of one of the family members or has caused bodily harm.
In the contract, it is possible to prescribe the cancellation of the donation, in the event of an early death of a relative, before the donor. The law allows such actions in connection with possible dangers at work or at work (clause 4 of article 578 of the Civil Code).
It is obligatory to register the contract in the state register.
If the grandson / granddaughter has not reached the age of majority, instead of them the contract is signed by the parents.
Rarely, but aptly, a good method is used in the practice of giving. The contract promises a donation in connection with the onset of a certain event in the life of a grandson (graduation from school, university, the birth of a child, etc.). Registration of the contract occurs only after the occurrence of a specific event. It is also indicated that the apartment will be donated under the act. And only from the moment of signing the act, a full transfer of the apartment will take place.
Do I have to pay tax?
Yes, but very small. Art. 217 of the Tax Code provides for exemption from taxes if the gift agreement is concluded between close relatives, grandparents and grandchildren inclusive.
Advice! It would be better to visit a lawyer and find out about all the possible pitfalls.
Transfer an apartment to a brother or sister
According to the law, blood brothers and sisters are considered close relatives, therefore, to transfer real estate from one to another, it is more convenient to use a donation agreement, but you can also draw up (the procedure for transferring money before a notary is optional between first-line relatives).
Does not include taxes. When buying and selling, the selling person will have to pay a tax - 13% of the value of real estate.
How profitable to arrange an apartment?
Benefit when registering an apartment provides for a minimum payment for a certificate of ownership.
If an apartment is bought by spouses who are officially married, then it does not matter at all in whose name a certificate of ownership is issued, anyway, each of the spouses has the right to half of the property acquired in marriage.
The gift agreement is beneficial if the transaction takes place between close relatives, then the clause about is missed. When concluding a deed of gift between distant relatives or strangers, it is more profitable to draw up a purchase and sale, because in this case the donation provides for a decent tax.
Regardless of the chosen method of processing the transaction, it is more profitable to conclude an agreement in writing with its further delivery to the state registration service. If you make a deal through a notary, he will have to pay 1% of the value of the property.
It is also better to collect documents on your own, without resorting to the services of real estate agencies, this will greatly save the budget. The amount of agency services varies between 30 and 50% of the cost of the apartment.