Purchase of an apartment in shared ownership by spouses

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Shared ownership is used primarily in cases where it is necessary to divide housing into separate parts and then allocate them in kind. As a result, such a system is more relevant for people who do not know each other or other persons who do not live together, rather than for spouses. But if such a need arises, can a husband and wife purchase an apartment as shared ownership? Read in this article.

About the form of ownership

The form of ownership can be private, shared or joint.

As for the shared part, it can be private or general. Often this type of property is used to privatize apartments or rooms. It involves assigning share rights to each family member. Everyone has a separate share and a certificate of the right to dispose of it. Such a share can be sold. Thus, a single housing unit can turn into a communal apartment that has been fragmented. However, before the sale of the share, it is offered to be purchased by other shareholders, and only if they refuse, can it be sold to third parties.

Private ownership is the ownership of property by one person. In most cases, this type of property is common among young people before marriage. An apartment is considered shared after the appearance of joint property. In this case, all family members who took part in this transaction will be taken into account, they will all receive equal shares.

Joint ownership implies the absence of indication of shares. The division of property is carried out in equal shares between spouses and their minor children. The shares are not separate. They cannot be divided and sold separately. In this case, only one person is listed on the title deed, but everyone actually owns it. That is, when deciding to sell an apartment, one of the owners must obtain consent from the others.

Based on the information provided, it becomes clear that for spouses who are worried about the division of property, the priority option would be to register housing as shared ownership. If necessary, it can be issued in unequal shares. If joint ownership has been registered, when dividing the property, this will have to be done through the court. Usually he divides the property into equal shares, but if the husband or wife provides evidence of the right to a larger part, a decision will be made on the division not in equal shares.

If housing was purchased during marriage and registered in the name of the husband or wife, it will also be considered joint property. For example, if an apartment was purchased during marriage and registered in the name of the wife, in the event of a divorce the husband has the right to half of it.

Statement of marital status

A separate statement about marital status is not required unless the parties agree otherwise, because the presence of a spouse is confirmed by his consent to carry out the transaction, to which reference is made in the text of the agreement. Notaries (if the DCT is issued through them), as a rule, require such a statement to be written to persons who, on the contrary, are not married or divorced, in order to verify the absence of claims by the former spouse to the property.

To complete the application you must provide:

1. passport (spouses' passports);
2. marriage certificate (or divorce certificate).

It is important to know that such a statement is not necessary and is a waste of money. If the seller of the apartment or the notary requires it, in response it is necessary to demand justification for the need for this document.

About tax refund

When housing is purchased during marriage, income tax is deducted, taking into account certain features. It is jointly owned by the husband and wife, but tax deductions can be provided in different ways, depending on the form of ownership chosen by the spouses when purchasing housing.

In order to receive a tax deduction, you need to pay attention to the fact that if the apartment is registered in the name of one spouse, and the payment papers are in the name of the other, the deduction may be denied.

Note: In order for income tax to be refunded, you will need to provide papers confirming payment of funds for housing and ownership of it.

The deduction can be divided between two spouses if each has regular official income. This is the only way to get your tax refunded.

You can request a full tax refund for one spouse. Then the other will have the opportunity to use the deduction in the future.

Rights to receive deduction payments

If housing is registered as joint ownership, both spouses or one of them can count on receiving payments. The latter case implies the need for the second spouse to write a refusal to receive payments in favor of the other.

When registering an apartment as shared ownership, each spouse receives a separate payment, which is commensurate with the share owned.

The general rule determines the amount of deduction for one apartment at 200 thousand rubles. The cost of housing is divided proportionally. This is how the deduction is determined for each spouse only if the cost of the apartment is no more than 2 million rubles. If the cost exceeds the specified amount, 2 million rubles will be deducted for each spouse, multiplied by his share.

When a spouse is on maternity leave, she has no taxable income, which means that during this time she will not receive a personal income tax refund. However, the spouse will retain his right in future purchase and sale transactions of any real estate.

When spouses buy an apartment not for the first time, if one of the spouses receives the maximum amount of payments earlier, the second spouse has the opportunity to receive a full deduction this time.

Marriage contract

Often, spouses discuss in advance their rights, responsibilities and specifics of the division of property during a divorce. In this case, they turn to a lawyer to draw up a marriage contract. It will specify who will get the apartment in the event of a divorce. It does not take into account which spouse paid for it when purchasing it.

Also, the marriage contract will contain information about the presence or absence of the right to transfer housing to a minor child with the right for one of the parents to live in it until the child turns 18, as well as the need to remove one of the spouses from registration in the event of a divorce.

Thanks to a prenuptial agreement, the division of property during a divorce can take an unusual path. However, this document can also be considered invalid. To avoid such a situation, some rules should be taken into account when concluding a contract.

First of all, it is impossible to draw up a marriage contract if one of the parties is put in a disadvantaged position by the conditions that the other party wants to include in the contract. If such conditions exist, you can challenge the contract in court.

Applying for a family mortgage

Most Russian banks set the following requirements for a family deciding to buy an apartment with a mortgage:

• age from 18 to 60 years;
• presence of Russian citizenship;
• work experience in the last place for at least 6 months;
• family income not lower than the subsistence level;
• the need for the family to improve living conditions.

If all the rules are followed, you can collect documents. Of these you will need:

1. Passports and birth certificates (for minor children).
2. Marriage certificate.
3. Property documents (if any).

If necessary, the bank may require additional information. In addition to the original documents, copies will be required.

A down payment will also be required. The percentage will be different for each bank. The average contribution is 10-30 percent.

Housing that was purchased with a mortgage will be encumbered by the bank until the debt is fully paid.

The mortgage can be issued in joint ownership or for one spouse.

You can issue a mortgage for two spouses, and register property rights for one, or vice versa, a mortgage can be issued for one person, and property rights for two. In any situation during a divorce, debts will be distributed between husband and wife in equal shares.

If the spouses want, they can draw up a prenuptial agreement, specifying who will own the home after the divorce and who will make the monthly payments.

How to issue a deed of gift

Drawing up a deed of gift is a common option for transferring a share of an apartment to a spouse. Several steps will be required.

The first thing you need to do is visit a notary agency and provide the employee with the following documents:

• passports of both spouses;
• a certificate stating that the man actually owns half of the home;
• documentation according to which the man is the full owner of the property (purchase and sale agreement, certificate of inheritance);
• written consent of the spouse to the transaction;
• a certificate indicating all persons who are registered in the apartment premises.

After this, the notary draws up a gift agreement, in which the spouses sign one by one.

The next step is to pay the state fee and notary services:

• about 3 thousand – for registration of a deed of gift;
• about 2 thousand – for registration of a document drawn up by a notary;
• 0.3% of the share of housing - this is how much the state duty will cost.

The notary agency employee will require the originals of all documents provided by the applicants, with the exception of their passports. They are sent to Rosreestr or MFC.

Finally, after completing the procedure for re-registration of ownership of the wife, the spouses come to the notary and pick up the completed contract. The woman will receive a certificate establishing the fact that she is the rightful owner of the home.

The advantage of registering ownership of an apartment in the name of the wife by drawing up a deed of gift is the following. The donor (that is, the spouse) has the right to cancel the gift transaction, for several reasons:

• the wife commits an attempt on the life of her husband or his relatives;
• a woman damages property;
• a woman dies earlier than a man.

Who should I register housing for?

So which spouse should I register housing for? What's the best way to proceed? According to the law, when registering housing as joint property, both husband and wife have equal rights to its share (Article 39, paragraph 1).

The distribution of shares will depend on the presence or absence of a marriage contract or other type of transaction, on the basis of which one of the spouses can be allocated a larger share (deed of gift, etc.). If the listed ones are available, the shares will be distributed according to these documents.

If housing is purchased from scratch using funds that have been accumulated by both spouses, shares may not be indicated at all during registration; the contract simply indicates that the housing is being purchased as joint ownership. In this situation, both husband and wife will be the official owners of the apartment.

What will happen to the apartment after a divorce, if it is registered for one spouse?

If one spouse owns the home, it will remain with him during a divorce. If the second spouse disagrees, you can file a lawsuit, describing in detail the reason for recognition of the share or residence.

Each case is individual. If the apartment was purchased during marriage, but was registered to one spouse, you will need to prove your rights by providing, for example, statements from the joint account from which money was transferred to pay for the apartment.

If a husband or wife acquired an apartment by gift or inheritance, it is not subject to division.

How to transfer a share in an apartment to your spouse?

Regardless of the method of registering the transfer of a share in an apartment, it is necessary to carry out state registration of ownership. The basis will be a document concluded between the spouses.

After completing the transaction, you must contact Rosreestr and go through the state registration procedure.

After this, the wife will be issued an extract from the Unified State Register of Real Estate, confirming receipt of the status of owner of part of the apartment. Only at this stage is the final transfer of part of the property to the wife and she can fully dispose of it.

Is consent or refusal required for the sale from the wife/husband?

There is no need to provide consent to the sale of the apartment from the second spouse in the following situations:

1. The apartment was received by inheritance or as a gift.
2. The spouse purchased the home before marriage.
3. The apartment was privatized for one of the spouses, and the second gave consent to this.
4. Availability of a marriage contract indicating points of consent or refusal.

In other cases, when purchasing an apartment in joint ownership, a refusal or consent is required. They must be certified by a notary.

In this case, you need to submit an application to the notary's office. The notary will sign an agreement indicating the validity period of the consent or refusal. This paper, along with the rest of the collected documents, is submitted to the registration chamber.

Basic information

To re-register an apartment in the name of a woman without taxes, you will need to draw up a written gift agreement for your spouse. This is available in two situations:

• the residential premises were purchased by the man before the marriage;
• the man received the apartment as a result of a gift agreement or by inheritance.

The gift agreement, according to which the spouse will become the full owner of the apartment, should be certified by an employee of a notary agency.