Peculiarities of the agreement of donation of a share of an apartment between close relatives

Home » Housing disputes » Donation agreement for a share of an apartment

3

Many apartment owners donate their living quarters to close relatives, and there are cases of donating real estate to third parties. Often, a gift transaction is drawn up for part of the residential premises, that is, a share in the property right is given. But the intention to transfer a share of the apartment alone is not enough for the ownership to pass to the donee; it is necessary to comply with the requirements of Russian legislation, including drawing up a gift agreement and registering ownership in Rosreestr.

In what cases is it impossible to draw up a gift agreement?

What is a donation agreement for a share of an apartment? This is a document on the basis of which part of the residential property becomes the property of the donee free of charge. Of course, in the overwhelming majority of cases, the alienation of part of the residential premises under a gift agreement occurs between close relatives, but not only. There are often cases when part of a residential property is donated to a distant relative, a close friend, or a complete stranger.

There are a number of conditions, if not met, the gift transaction is impossible, among them:

1. The voluntariness of the transaction, both on the part of the donor and on the part of the beneficiary. If one of the participants in the transaction has no desire to participate in it, then donation becomes impossible.
2. It is impossible to conclude a gift agreement if the legal representative of a minor child or an adult but incapacitated citizen participates in the role of the donor.
3. The beneficiary is a state or municipal employee who is not a close relative of the donor. This group also includes employees of educational or social institutions if their type of activity is related to the donor.

For example, a social service worker caring for an elderly or sick person cannot receive a share of his living space as a gift from this citizen. Another example: a pension fund employee who is not a close relative of a pensioner cannot receive part of his apartment as a gift from the latter.

What rights do property owners have?

Citizens have the right to buy, exchange, receive as a gift or inherit any movable or immovable property; to confirm ownership, it is enough to have an extract or certificate of ownership from the Unified State Register.

But property can be either personal or joint or shared ownership of several citizens, and in this case the rights of co-owners are somewhat limited. For example, if the residential premises are in shared ownership, then the owner of the share has the right to donate it without the consent of the other owners, but if he decides to sell his share, then the remaining co-owners have the right of first refusal. In other words, he must first offer to buy out his share to the remaining owners, and only after their refusal, he has the right to put his part of the apartment or house up for open sale.

The rights of co-owners of residential premises are even more limited if it is jointly owned. In this case, the parts are not allocated in kind, they are conditional, and the size of the shares depends on the number of owners. For example, if an apartment is owned by three owners, then the conditional share of each will be one third of the apartment. In this case, alienation of a share of the residential premises is possible only with the consent of all other co-owners.

How to correctly draw up a donation agreement for a share of an apartment

Thus, a legally correctly executed gift transaction is:

• consent of both parties (donor and recipient);
• preparation of documents;
• contacting a notary office;
• drawing up and execution of a gift agreement;
• registration of changes that occurred after certification of the contract at the notary's office in the registration services.

Form and content

There are no standard forms of deeds of gift, but the document must contain certain points:

• Name;
• date and place of drawing up the deed of gift;
• surname, initials and personal data of all signatories;
• rights and obligations of the parties to the transaction:
• technical characteristics and a brief description of the part of the apartment being donated;
• mention of the title document on the basis of which the donor is the owner of the residential property;
• record of no encumbrances;
• number of copies;
• signatures of all parties to the transaction.

The text of the agreement must contain an extremely clear expression of the will of the donor, for example: I, Nikiforov M.P. I give as a gift to Osipova O.M. I own 1/2 share of an apartment with a total area of ​​60 sq. m. meters.

When describing a residential premises, information about it should be characterized quite fully, namely:

• object type – residential building, apartment;
• characteristics of the apartment - floor, number of rooms, utility rooms, living and total area of ​​the apartment, etc.;
• cadastral number of the residential premises;
• address.

The following information is also required to be filled out:

1. A link to the title document indicating the place and date of registration of ownership of the apartment and the date of issue of this document.
2. A record that the beneficiary accepts the property alienated in his favor.
3. A mention that the donated object is not under an encumbrance and is not the subject of a dispute in court.
4. If the donor postpones the acquisition of ownership rights to a specific date or event, an indication of the moment when this right arose.

One of the most important stages of the procedure is the preparation of a legally correct donation agreement for part of the residential premises, correct in form and content:

1. The deed of gift is a strictly written agreement, that is, an oral conclusion of the transaction is impossible.
2. It is also mandatory to have the document certified by a notary office.
3. Since the gift agreement is a bilateral agreement, the document requires the signatures of all parties to the transaction: the donor and the recipient (or his legal representative).

The content of a document is as important as its form. The main requirement for the content of the gift agreement is the mandatory mention that there is a gratuitous and voluntary transfer of a share of the residential premises. No consideration of any kind, such as sums of money, transfer of any property or provision of any services, is permitted.

For example, if the donor specifies in the gift agreement the condition that the recipient must support him for life, then such a transaction will no longer have the status of gratuitous, and the gift agreement will not be concluded under these conditions. It is also unacceptable to indicate in the deed of gift the beneficiary’s obligation to provide lifelong care to the donor, the requirement to donate living quarters to third parties, or the recipient’s obligation to marry a certain citizen or marry a certain citizen.

After signing the gift agreement and registering ownership of the donated share, the beneficiary becomes the new owner of the property. From now on, only he has the right to dispose of this object: sale, donation, will, any other legal manipulation with the part of the residential premises donated to him.

Popular questions

Registration of shares under a gift agreement to a relative has an identical scheme given in the article. Thus, the text of the contract must indicate the share that is being alienated. There are, of course, subtleties to such a process if the property has several owners.

Is it possible to cancel a deed of gift?

Although a deed of gift may be perceived as a donation, it can still be challenged. If, during the consideration of the case in court, it is proven that the donation took place under moral or physical influence, or the donee negligently uses the property and this led to its complete or partial loss.

Donation agreement for a share in an apartment (sample) 2021

There is no special form for drawing up a gift agreement; the deed of gift is drawn up in simple written form, but it must contain the following points:

1. The donor and the recipient, or their legal representatives. Their surnames and initials, address and passport details are indicated.
2. Identification number of the apartment and other characteristics of the alienated property: address, total and living area, number of rooms, etc.
3. The size of the share that is being donated.
4. Document of title for the alienated part of the residential premises.
5. The value of the share being transferred as a gift. Lawyers do not advise underestimating the value of the alienated property in order to reduce the amount of state duty; this risks declaring the transaction invalid.
6. A record of the absence of any encumbrances or restrictions on the transaction.
7. Signatures of the parties.
8. Signature and seal of the notary certifying the transaction.

Sample agreement for donating a share of an apartment

Price of the procedure

The donee must pay the state fee if this has been discussed with the donor.

Sum:

If the services of a notary were used during registration, you will need to pay for the following assistance:

• Providing consultations, as well as drawing up a contract.
• Certified signatures on all papers.
• If any details regarding the deed of gift are clarified, payment is made separately.

Required documents

To prepare a deed of gift, you will have to collect two separate packages of documents: for the notary and for registering property rights.

When visiting a notary, you must have with you:

• passports of all signatories;
• title documents for the residential property being donated;
• receipt for payment of state duty.

To register ownership rights, you must submit the following package of documents to Rosreestr:

• passport;
• cadastral documents for a residential property;
• registration certificate for the apartment;
• living space plan;
• an extract from the register of owners, or a certificate of ownership of the donor;
• extract from the house register;
• statement.

When consent is required

When alienating property, the donor periodically needs to obtain the consent of the remaining home owners. For example, if the property is joint property of spouses. A husband or wife has no right to dispose of another person's property.

The spouse's consent to transfer part of the joint property is drawn up in writing and signed in the presence of a notary.

A similar rule applies even after a divorce. For example, if the shares of the former spouses are not allocated in kind. If the co-owner lives in another city, he can send an application by mail. However, the applicant will have to have his signature certified by a notary. The action can be performed at your place of residence.

Price

The deed of gift is subject to mandatory certification at a notary office, so some costs for its registration cannot be avoided. The state duty for certifying the gift agreement, according to Art. 333.24 of the Tax Code of the Russian Federation will be 0.5% of the cost of the alienated part of the residential premises. There are minimum and maximum limits for the notary fee rate: payment cannot be lower than 300 and higher than 20,000 rubles.

Example of calculating state duty

The cost of the residential property being donated is 6 million rubles. 0.5% of 6,000,000 will be: 6,000,000 * 0.5% = 30,000 rubles. Since the maximum allowable amount of the state duty cannot exceed 20 thousand rubles, the size of the notary fee will be exactly this amount.

You will have to pay separately for the services of a notary to draw up the text of the agreement. Depending on the region, paying for notary services will cost one to five thousand rubles.

Registration of ownership rights in Rosreestr costs 200 rubles (if a share of residential premises in an apartment building is alienated), or two thousand rubles (when registering ownership rights of a share of a detached residential building).

Drawing up a gift agreement for shares of residential premises requires special legal knowledge, since this is a rather complex document in legal terms, especially if the parties to the transaction are not familiar with the rules of document flow.

If you have any difficulties with drawing up a gift agreement, or you do not know what legal consequences occur after the transaction is completed, or you doubt whether it is worth accepting such an expensive gift at all, you can seek advice from the lawyers of our site.

When drawing up such a significant legal document, it is necessary to observe many nuances; any mistake or inaccuracy in drawing up a deed of gift can provoke unpleasant consequences, including the complete cancellation of the transaction. Therefore, at least at the first stage of the procedure, it is advisable to seek help from an experienced lawyer specializing in real estate transactions. You can contact a site specialist using the online feedback form or by calling the numbers listed below.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then

:

• describe your situation to a lawyer in an online chat;
• write a question in the form below;
• call Moscow and Moscow region
• call St. Petersburg and region

Save or share the link on social networks

(
3 ratings, average: 3.67 out of 5)
Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

Ask a question Author's rating

Articles written

513

- FREE for a lawyer!

Write your question, our lawyer will prepare an answer for FREE and call you back in 5 minutes.

By submitting data you agree to the Consent to PD processing, PD Processing Policy and User Agreement

Useful information on the topic

2

How to evict your roommate from your apartment

Neither legal nor civil marriages provide guarantees of long and...

3

Is it possible to evict tenants in winter?

Renting out an empty apartment is quite a profitable business, especially...

1

Privatization of land under an apartment building

You can privatize not only a separate residential building, apartment or land...

Privatization of an apartment with debts on utility bills

Debts often become the main reason for refusing privatization, thereby...

4

How much does it cost to privatize an apartment?

Privatization of an apartment is a free procedure, but only within the cost...

Demolition of privatized housing

Any housing, including privatized, under certain conditions...

Property types

Before filling out the form, you need to determine which category the property belongs to.