How to give up a share in an apartment in 2021: instructions

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According to the provisions of Art. 209 of the Civil Code of the Russian Federation, a citizen who has ownership rights to a share in an apartment can dispose of property in accordance with personal interests. In situations where real estate belongs to several persons on the basis of ownership, difficulties often arise when alienating residential property, for example, during a gift or sale. To prevent possible problems, the shared owner has the right to abandon his part of the housing in favor of another person. How to properly give up a share in an apartment, what actions should be taken in accordance with the regulations of the law - we will consider further.

Ways to refuse real estate

How to give up a share in an apartment depends on the totality of the circumstances of a particular situation. For example, if the owner has assumed ownership rights, it is permissible to alienate the property for a fee or free of charge. If the creation of a share is due to participation in the privatization procedure or receipt of an inheritance, a documented refusal is required. Each procedure has a number of advantages and features.

If there are ownership rights to shared property

For most property owners, the relevant question is how to give up a share in an apartment if the ownership rights to it have already been registered. In this case, there are two options: alienation of housing free of charge, that is, through the execution of a gift agreement, or sale.

Relinquishment of property free of charge, that is, through the transfer of real estate as a gift to a third party, is the simplest and most acceptable option for the owner, and, moreover, does not require significant financial costs.

How to draw up a gift agreement? The algorithm of actions is simple:

If the share was acquired during marriage, the written consent of the spouse, certified by a notary, is required. This rule is not relevant if the share was received on the basis of a gift agreement or by inheritance.
The second step is drawing up a gift agreement. How to draw up a document depends on a number of features of the transaction. It is acceptable to draw up an agreement in simple written form or through the participation of a notary. The second option allows you to ensure the security of the transaction and eliminate possible errors.
To carry out the transaction, the owner must collect a full package of documents, including documents confirming the existence of ownership rights, a technical plan of the apartment, a receipt for payment of the state duty in the amount established by law.
To conclude a transaction, the parties must jointly appear at Rosreestr or the MFC. It is also permissible to contact a notary, but this option involves incurring financial costs.
After the expiration of the period established by law, the parties to the transaction must appear at Rosreestr or the MFC to obtain title documents for the alienated share in the apartment. From the moment the transaction is concluded, the donor loses ownership rights to the housing.

If the parties to the gift agreement are close relatives, the donee is exempt from paying income tax. In other situations, the law imposes an obligation to pay tax, the amount of which is 13% of the cadastral value of the alienated share.

The owner also has the right to sell his share on a reimbursable basis, that is, through the execution of a purchase and sale agreement. What is the correct way to give up a share in a shared apartment in this case?

The owner's actions will be as follows:

First of all, the initiator of the sale must notify in writing the remaining shared owners of the apartment regarding their preferential rights to purchase the alienated property. Putting a share on the real estate market is possible only after receiving an official refusal from the remaining owners of the apartment to purchase a share.
If the share was acquired during marriage, notarized consent is required from the spouse.
When selling a share, the execution of the contract and the drawing up of an act of acceptance of the transfer are drawn up through the participation of a notary, who in this case assumes all obligations for registering the transaction.

The ownership of the alienated share is transferred to the buyer after certification of the transaction by the registration authority.

Refusal at the stage of emergence of property rights

Voluntary refusal to accept a share in property is also possible at the stage of acquiring property, for example, when participating in privatization or receiving an inheritance. Depending on the specifics of the situation, the actions of a person who does not want to take part in the acquisition of property may differ.

How can you refuse to receive a share in an apartment at the privatization stage? In this situation, it is necessary to issue an official refusal certified by a notary. A refusal drawn up in accordance with the form regulated by law must be attached to the package of documents for the privatization procedure. In this case, the share in the privatized apartment will be evenly distributed among other owners.

Upon receipt of an inheritance, the heir is also given the right to refuse to receive a share of the property. How to refuse a share in a privatized apartment in this situation? To carry out the procedure, it is necessary to draw up a refusal in writing and subsequent certification of the document by a notary.

Before signing the waiver, it is recommended that you familiarize yourself with some of the nuances of the procedure:

If a share in the inheritance is obligatory, it is impossible to refuse to receive it.
Before giving up a share in a privatized apartment that was inherited, it is recommended to think about the consequences of such a decision. The law excludes the possibility of returning property and invalidating the refusal.
You can renounce your share both in favor of other heirs and on a general basis. In the latter case, the property will be distributed among the remaining heirs in equal shares.
It is unacceptable to renounce a share in favor of a third party if that person is not an heir.

Important! It is only possible to refuse or accept the inheritance in full as specified in the clauses of the will. For example, you cannot accept one part of the inheritance while refusing the other.

When refusal is not possible

The law provides for cases when refusal of a share in an apartment is impossible. Among them:

If a share is transferred by the testator to a specific heir, it is impossible to refuse to receive it in favor of another heir.
Inherited property is escheatable. The situation assumes that there are no other heirs besides the person who wants to renounce the inheritance received.
The heir has the right to receive a mandatory share. In this case, refusal is also not possible.

In other situations, the law does not prohibit giving up a share in an apartment.

Causes

There are many reasons why people refuse the part of real estate they are entitled to own. But in most cases, citizens resort to such action for the following reasons:

desire to register an apartment for a specific family member;
desire to improve living conditions;
unwillingness to fulfill the responsibilities of the owner of a residential premises (payment of annual tax, contributions for major repairs, etc.)

Attention! The reason for the alienation of one’s own share of residential property does not in any way affect the subsequent actions of the owner aimed at fulfilling his intentions.

Mandatory documents

To carry out the refusal procedure by drawing up a gift or sale agreement, the home owner must prepare a package of the following documents:

Identity document. It is mandatory to have a passport or a document replacing it.
Technical documents for the alienated property - technical passport.
Documents confirming the fact of ownership. Extract from the Unified State Register of Real Estate.
Donation agreement or DKPK. It is possible to draw up documents in simple written form or formalize them by contacting a notary.
Certificate of acceptance of transfer of apartment.
Payment document confirming the fact of payment of the state duty.
Notarized consent on the part of the spouse, necessary for the alienation of property acquired during marriage.

In the event that a share in an apartment is being sold, it is necessary to supplement the package of documents with written consents of the remaining owners of the residential property.

What is the price

It is important to find out about the prices before visiting the notary. You always have to pay for any services; in this case, you will have to spend money on notaries. When donating an apartment to a relative, you do not need to pay taxes, but if you plan to transfer it to a third party, a fee must be paid. Usually it is paid by the recipient: 13% of the cost, 30% is paid by those who live in another country.

Advantages and disadvantages

Before formalizing a refusal by drawing up a gift or sale agreement, it is recommended to study the pros and cons of the above procedures

Donation agreement. The procedure for drawing up a gift agreement eliminates the need to pay taxes by the donor, as well as income tax by the donee if the parties to the transaction are closely related. However, receiving real estate as a gift excludes the possibility of obtaining a tax deduction.
Contract of sale. In this case, the buyer of real estate is given the opportunity to obtain a tax deduction. As for the shortcomings of the procedure, these include: the need to comply with the conditions for the preemptive purchase of the share by the remaining owners and the need to pay tax fees by the seller.

When choosing the appropriate opt-out procedure, it is important to consider the advantages and disadvantages of the options presented above.

How to give up a share in an apartment in favor of your parents

The best option is, of course, a deed of gift. Obvious advantages:

no need to pay tax;
If the recipient parent is remarried, the share will remain in the family upon divorce.

The deed of gift is drawn up simply:

a gift agreement is drawn up and signed;
registered in Rosreestr.

Features of failure in various ways

Depending on the conditions of the refusal, the rules for conducting transactions in this category may vary slightly. Below are the most common options

Refusal in favor of a minor. If a share in an apartment is transferred to a citizen whose age is less than 18 years, it is mandatory to represent the interests of the minor by his parents or official guardians. More often, to carry out the refusal procedure in such situations, the procedure for registering a deed of gift is used.
When purchasing an apartment using maternal capital. If one of the spouses intends to renounce a share in the apartment, this can be done when registering the transaction with a notary, drawing up a refusal to exercise the right to participate in the distribution of shares. It is also possible to refuse after a purchase and sale transaction, for example, by drawing up a gift agreement for one of the children.
Deprivatization. The procedure represents the renunciation of a share of property in favor of the state and the annulment of the housing privatization agreement. The initiator can be either the direct owners of the property or the competent authorities, whose range of powers includes monitoring the legality of real estate transactions. The deprivatization procedure is carried out only by applying to the court.
Transactions with relatives. Executing a gift agreement between citizens who are closely related is the simplest and most convenient procedure, eliminating the need to incur significant financial costs. But we should not forget that a knowingly false transaction carried out to achieve certain goals entails criminal liability.

If it is necessary to formalize a refusal, it is important to take into account all the nuances and features given above.

What rights are retained?

In case of an agreement of exchange or gift , the rights of the former owner of part of the property are completely lost .

However, if we are talking about privatization , then the person who issued the refusal does not lose the right to live in the apartment.

This may be a circumstance in which the person who issued the refusal is no longer a family member, but he has the right to live with the persons who privatized the housing , as before.