How to re-register, transfer a share in an apartment to a relative, another shareholder, person

Home » Housing disputes » How to transfer a share in an apartment to a relative, another shareholder, another person

The need to transfer a share (sale or donation) in an apartment to both close relatives and complete strangers often arises. This could be either a desire to “concentrate” all property ownership rights in the hands of one person, or a simple sale of part of the home in order to improve financial condition. Let us consider the features of this procedure in more detail.

To whom can the share in the apartment be transferred?

Any owner of a share based on Art. 246 of the Civil Code of the Russian Federation has the right to dispose of its share at its own discretion, but subject to certain conditions. The first thing you need to understand is that the concepts of common and separate shared ownership are different:

Shared ownership is when all owners have a certain share in the property, but do not allocate it.

Example : A family, all members of which have a share of the apartment, but use housing without restrictions or division.

Separate shared ownership involves the allocation in kind of a part of the property with a clear limitation of the rights of other owners.

Example : A communal apartment in the rooms of which shareholders who are completely unfamiliar with each other live. They do not go to each other's rooms except by invitation, but some of the rooms, such as the toilet, bathroom and kitchen, are common property and are used by everyone according to a certain schedule or other agreement.

In the first case, with common shared ownership, the owner can do anything with his part of the property only in agreement with the other owners, with the exception of a gift agreement. In the second case, this is not required, but the rule of preemption applies.

The pre-emptive right presupposes the need to first offer to buy out the share to the remaining owners at the same price at which the sale will be made, and only if everyone refuses, another person can purchase it.

Thus, you can transfer a share in an apartment to almost anyone, but with certain restrictions. Thus, they cannot transfer their share independently:

Incapacitated person.
Minor child.

In their case, the representative/guardian/parents must make the decision. And often only upon obtaining consent from regulatory authorities. For minor children, for example, guardianship authorities will be considered as such.

Among other things, you cannot give a share in an apartment to officials and other civil servants to everyone except their relatives. Otherwise, it may be regarded as a bribe. But it is quite possible to sell a share in the apartment to them, but the price must be market price.

Purchase or donation

The difference between buying and giving is very significant. When donating, it is assumed that the recipient of the property will not have to pay anything, and the purchase and sale is already a fully-fledged transaction, which is based on the desire of one party to sell their part of the property and receive a certain amount of funds for it.

Another significant difference: a gift agreement does not require mandatory notarization, unlike a sale and purchase. As a result, there will be no additional costs. At the same time, gift agreements are often notarized to eliminate possible problems.

Judicial practice on re-registration of shares

Disputes arise most often during the division of property after a divorce. Further living together is not possible. Of course, a decent husband can offer his ex-wife to move into an apartment he bought, the area of which is equal to or slightly larger than the share in the jointly owned housing. This is a more painless result, which you should not refuse.

Another question that often arises when dividing a mortgaged apartment. Even if the loan was repaid by one of the spouses, the housing is considered jointly owned and the second spouse has the right to claim a share. The exception is cases when a marriage contract has been drawn up. I would like to recommend that newlyweds carefully study all the points in this document and remove or add to it anything that affects their interests.

Anyone can re-register (re-register, donate or sell) a share in an apartment without any problems. To do this, you just need to draw up an agreement, register it and, on its basis, make changes in Rosreestr. In this case, it does not play a special role who the recipient will be: mother, daughter, son, grandson or even a stranger.

Procedure

Obtain permission from the remaining owners or send them proposals to purchase a share based on the preemptive right.

In the case of a preemptive right, if there is no reaction from the co-owners within a month, you can sell the share to a third party with a clear conscience. It is very important to have documentary evidence that the co-owners were given offers to buy out the share.

Draw up a gift or sale agreement.
Have the agreement certified by a notary (in the case of a gift agreement - only if there is such a desire).
Register the agreement.
Pay the state fee and re-register ownership in Rosreestr.

Deadlines

The only specific period that can be at least somehow oriented is the time from the moment of submission of proposals to buy out a share under the pre-emptive right until the end of the waiting period. Everything else, in fact, can be implemented in just 1 day. Registration of property rights may take about 1-2 more weeks (or less), but the new owner will deal with this.

Methods

Actually, donation in this case is no different from that in a situation when we are talking about an apartment.

In the same way, with the involvement of a notary, an agreement is drawn up, a package of documents is collected, and ownership rights are re-registered in the Registration or Cadastral Chamber in the presence of both owners - former and future.

Mandatory conditions , as always, for such a transaction are:

ownership of part of the property;
agreement on the allocation of shares;
good will and sanity of the donor;
competence of the receiving party.

That's probably all. No consent to such a transaction is required from the co-owners of the home - if there is the aforementioned agreement on the allocation of shares . In other cases, you will have to obtain their consent.

Separately, it should be said about the competence of the receiving party. Donating part of a home is still considered a valuable gift, and therefore there are special restrictions. For example, the exchange of gifts between commercial organizations is unacceptable.

Also, such a gift may not be accepted from a subordinate person (civil servant, representative of the law, head or representative of a hospital, other medical or social institution under the jurisdiction of the owner).

A guardian also does not have the right to donate real estate on behalf of his incapacitated ward.

Required documents

To conclude an agreement (regardless of its type), you need to prepare the following documents:

Passports of the parties to the transaction.
Permissions from other owners.
Confirmation that the co-owners have refused to buy out the share.
An extract from the Unified State Register of Real Estate confirming ownership (or another similar document).
Permission from regulatory authorities (provided that the donor is a minor or incapacitated person).

In some cases, additional paperwork may be required, but this is the exception rather than the rule.

Donation as the best option for resolving disputes

From the above, it becomes clear that donation is considered the most painless, safe transaction. To do this you need to go through just a few steps:

collect the necessary documents;
order a gift agreement transaction;
register with the MFC or the Registration Chamber.

For the transaction it is necessary to prepare the following package of documents:

passports and copies of persons participating in the transaction;
consent of the seller’s spouse to sell the share;
consent of other shareholders if the share is sold to an outsider;
certificate of ownership.

It is safest to register a donation with a notary. In this case, the notary acts as a guarantor that the donated part of the real estate will not be disputed.

Sample contracts

The most important document when concluding a transaction involving the donation or sale of real estate is the contract. Below are two samples for each of the possible procedures.

Share donation agreement

Share purchase and sale agreement

Nuances and features of registering a share for:

As mentioned above, there are practically no special nuances when registering a share in the name of other persons, regardless of who exactly they are. However, there are still a couple of elements to consider.

Mom

When transferring a share in an apartment to mom, dad or another close relative, you do not need to pay tax on the transaction amount for living in the apartment for less than 5 years.

Minor child, son, daughter

A minor child must receive his share, provided that part of the housing was purchased using maternity capital. However, the size of this share is not regulated by anyone, so it can be absolutely anything.

To transfer a share in an apartment to relatives, shareholders or other persons without any problems or possible challenges, it is recommended to use the help of experienced lawyers. At a free consultation, they will talk about the main difficulties and ways to solve them, and in the future they can act as representatives of the client, monitoring the legality of the transaction at all stages.

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

(
2 ratings, average: 5.00 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

Eviction from an apartment of an unregistered person, not the owner

A person lives in a residential building without registration, and he…

Statement of claim for eviction from an apartment

There can be many reasons for eviction. A careless tenant who in no way...

How to evict an illegally living person from an apartment

Often, a stranger who temporarily moves into someone else’s living space, after graduation...

What documents are needed to privatize an apartment?

What is needed to privatize an apartment? The list of papers is quite extensive that...

Privatization of a garage in a garage cooperative: procedure, general information

Due to the constant increase in the number of vehicles, the question of...

Timing for the privatization of dacha and land plots: until what year has free privatization been extended in Russia

Land privatization is a lengthy and rather complicated procedure that takes…

Decor

The agreement will be signed in the presence of a representative of the Registration Chamber, after which he takes it along with the documents, issuing in return a receipt for receipt of the papers indicating the period when the procedure will be completed.

After this, the new owner receives updated documents on ownership rights and can dispose of the property at his own discretion.

This means registering and deregistering residents, donating, selling, mortgaging or renting out. The previous owner has no right to limit the new owner in this matter.

The other party may well refuse .

The contract may contain, as already mentioned, suspensive or disqualifying conditions, that is, the registration of rights will occur in the future.

This, in a way, is not even a gift, but a promise to give if the intended recipient deserves it . For example, becoming a graduate of an educational institution.

Such an agreement is called consensual . However, it should be executed only with confidence that during the specified period of time nothing will happen to the donor and he will not leave this world earlier than expected.

Because in order to register ownership it is always important that both participants be present . If this does not happen for the stated reason, the donation will no longer be a donation but a will, with all the ensuing consequences.

Namely, the supposed new owner may well not be the only legal claimant to it ; after all, there are other relatives, including holders of rights to an obligatory part of the inheritance. Therefore, it is better to draw up consensual transactions if you do not plan to wait too long.

You can find out how much it will cost to register a gift to a close relative, as well as whether you need to pay taxes on such a gift on our website.