Last modified: October 2021
Re-registration of an apartment is organized in various ways, depending on the signs of compensation, the moment of transfer of rights to the new owner, and special conditions. The chosen form of the transaction and the basis on which Rosreestr will make an entry about the change of owner depend on these parameters. The transfer of real estate involves drawing up and signing a document on the basis of which one party transfers its right to property in favor of the other party. The conditions, terms, and nuances of the transition are fixed in an agreement signed by the current owner of the object.
List of required documents
The basic package of documents is always the same:
- Identity cards of the parties to the transaction.
- Certificate of ownership.
- A title document required for state registration (sale and purchase agreement, annuity, deed of gift, etc.).
- Consent of the spouses, certified by a notary (if the alienating party is married).
- Permission from the guardianship authorities if a minor or incapacitated person is involved in the transaction.
Where to go
It’s not enough to know how to re-register an apartment in your wife’s name; you also need to have an idea of where to go so that the transaction is recognized as legal. Re-registration of property rights is carried out in:
- MFC;
- cadastral chamber;
- Rosreestr;
- administration of the district, city where the parties to the transaction live;
- intermediary firms to which the rights to carry out transactions are delegated;
- The notary knows and can how the right of an apartment owner is re-registered.
Before re-registering an apartment in the name of a husband or any other relative, people contact the listed organizations. True, not in all of them, more often in real estate organizations.
After signing a deal with a real estate agency, the owner will still need to visit either the registration chamber, or Rosreestr, and sometimes the MFC. Only in them is a document issued that gives the applicant the right to be considered the sole owner of the apartment.
Transfer methods
Purchase and sale
Re-registration of property in this way is available to any individual or legal entity (Articles 549 – 558 of the Civil Code of the Russian Federation). Step-by-step instruction :
1. Collect the papers necessary for the transaction. Add additional documents to the main package:
- application for state registration;
- extract from the house register;
- technical passport (not in all cases);
- extract from the Unified State Register of Real Estate.
If the bank allocated funds for the transaction, then provide a loan agreement.
2. Draw up a purchase and sale agreement between the parties.
3. Register the transaction and receive new ownership documents. There is also electronic registration.
Important! You can draw up an agreement yourself. But if the transaction involves minors or incapacitated persons, then notarization is required.
Read more about the stages of the transaction here.
By agreement of exchange
The exchange of apartments between owners is possible in one locality, a subject of the Federation or within the entire country (Articles 567 - 571 of the Civil Code of the Russian Federation). It can be equivalent or come with an additional payment.
Registration procedure:
1. Collect documents for each transaction object; the set of papers is similar to the purchase and sale procedure (see above).
2. Draw up an exchange agreement.
3. Register the transaction with Rosreestr or the MFC and obtain certificates of ownership by the parties to the transaction.
Attention! The seller is also the buyer at the same time. One purchase and sale agreement is concluded for both objects of exchange, but in several copies.
Gift deed
Donation is a gratuitous transfer of property from the owner of the property to the donee (Articles 572 - 582 of the Civil Code of the Russian Federation). The method is used as an alternative to a will or to exempt real estate from division upon divorce . Also, transfer of property by gift is used between close relatives to avoid paying 13% income tax.
Algorithm of actions:
- Collect documents (as when completing a purchase and sale transaction).
- Draw up a gift agreement.
- Send documents to Rosreestr or MFC to register property rights.
Note: The donor must be a legally capable person. Making gifts over 3,000 rubles to social workers or officials is prohibited.
Inheritance
During his lifetime, a person can determine the heir to his property, for which a will is drawn up (Articles 1110 - 1175 of the Civil Code of the Russian Federation). The declaration of will comes into force only after the death of the testator.
Instructions:
1. Prepare documents:
- passport of the testator and heir (preferably);
- certificates confirming ownership of the apartment.
2. Appear at a notary's office or authorized persons (for example, a doctor, if the testator is being treated in a medical institution). Based on the information received, a will is drawn up and signed by the executor and the client.
Rent
Rent agreement is an agreement (Articles 589 - 605 of the Civil Code of the Russian Federation), in which one party transfers ownership of real estate, and the second, in exchange for the property received, undertakes to pay a certain amount of money or provide another form of material support (payment of utilities, purchase medicines, household help, etc.)
To draw up a rental agreement:
- Prepare documents similar to the purchase and sale transaction (see above), but an additional certificate of legal capacity of the home owner will appear.
- Draw up and sign the rental agreement in the presence of a notary.
- Register it with the Unified State Register of Real Estate or the MFC and receive documents confirming the transfer of ownership of the housing.
Important! The owner must be the sole owner of the premises. Real estate cannot have encumbrances (mortgage, pledge, etc.).
Find out more about the rent agreement between relatives.
What methods are suitable for re-registration
Let us consider separately each case associated with different subjects. This is due to the fact that not all methods are equally suitable, for example, for the children of the apartment owner and his distant relatives.
Choosing the right method is extremely important to avoid complications and legal confusion later.
With an outsider, a purchase and sale agreement is best, as is an annuity agreement.
For spouses
Spouses can transfer their ownership in a variety of ways, and the choice will be determined by 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 of the parties 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 carried out with housing that was obtained during the marriage at the expense of both spouses. Then they receive equal 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 you transfer property to younger family members without any problems. To make a donation, you will need slightly fewer documents. In addition, in this scenario, you will not have to pay taxes on the disposal of your property. So donation is more profitable 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 his 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 the property will not go anywhere into third hands.
The cases with minors and those who have already reached the age of 18 are very different from each other.
If above we looked at the case of adult children, now we will describe the features of transferring housing to a minor.
So, only a gift deed is suitable for him. It must be drawn up and signed in a notary office accompanied by a specialist.
Also, when drawing up the agreement, there must be adults who represent the interests of the child who does not have the right to sign the 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, the second spouse must express his consent to the transaction in the form of a written statement.
After the death of the owner
The procedure for re-registration of property after the death of its owner arises in a situation where the following has occurred:
- inheritance by law;
- inheritance by will.
If the apartment is municipal and is in social rent, then read about re-registration here.
Will
Algorithm of actions:
1. Obtain from a notary a certificate confirming the right to inheritance. To do this, provide the following documents:
- statement;
- passport;
- death certificate of the testator.
2. When the certificate of ownership has been received, collect the remaining papers and submit the entire set to Rosreestr or MFC:
- certificate confirming the place of registration of the deceased;
- will;
- a document confirming ownership of the object of inheritance.
3. Obtain a certificate of registration of the new owner.
Attention! It is necessary to appear before the notary within 6 months after the death of the testator. Otherwise, the apartment will become the property of the next heirs or the state.
Nuances of re-registration of apartments
The option of re-registering an apartment through a purchase/sale transaction is considered the most reliable. It is almost impossible to terminate a transaction carried out on the basis of an agreement when the buyer has fulfilled his part of the obligations. When drawing up a deed of gift, the donor can cancel this decision through the court. But the recipient of the gift is not obliged to share it with anyone, including the spouse during a divorce, so this re-registration option is often used not only for real gifts to loved ones, but also when decorating apartments that have actually been sold.
An annuity contract is one of the riskiest. This puts both parties at risk. The purchaser of property may perform his duties in bad faith, and the owner may begin to put forward additional demands. Both parties may begin to interpret the terms of the contract in their favor. But if the contract is fully implemented, the owner of the property receives material support for a long time, and the purchaser ultimately receives housing at a price below the market price.
Re-registration of ownership rights to an apartment as a result of division of property and inheritance is often accompanied by lengthy disputes, which ultimately most often have to be resolved in court.
Note! All options for re-registration of an apartment, except for the purchase of housing in a new building, require the involvement of a notary in the matter.
Registration for relatives without sale
The easiest way to transfer ownership between relatives is through a gift agreement or a will.
If the deed of gift is issued to a minor, the agreement is signed in the presence of a notary and representatives of the child.
Between spouses, the transfer of property rights occurs under an agreement of gift, sale or exchange. The choice depends on the stage of family relationships.
Read about the annuity agreement between relatives at this link.
Cost of real estate re-registration
The question of investing in property re-registration is one of the main and frequently asked questions. Since our people are not the richest, they first calculate how much it costs to redecorate an apartment, and then draw conclusions about whether they can handle the procedure financially.
It is necessary to take into account that when registering an inheritance, financial obligations fall on the shoulders of the new owner of the property.
The amount of tax payments directly depends on:
- degree of relationship between the heir and the testator;
- market value of housing;
- the presence or absence of tax benefits.
Price and taxes
The total cost of the procedure depends on what services the parties to the agreement used to draw up the agreement (notary, legal agency).
The state duty for state registration of contracts on the alienation of real estate (conclusion of contracts of sale and purchase, donation, exchange, rent) is:
- for individuals - 2,000 rubles;
- for legal entities - 22,000 rubles.
Registration of a share of common property in an apartment building - 200 rubles.
A transaction for the sale of an apartment is subject to tax (13%) if the property has been owned for less than 5 years and less than 3 years if the living space was inherited, as a result of privatization, under a gift agreement from a close relative or rent.
Depending on the value of the inherited property and the degree of relationship with the deceased, the state duty on inheritance under a will will be:
- 0.3% (not more than 100,000 rubles from the cadastral value of the property) for heirs of the first and second stages;
- 0.6% (no more than 1 million rubles) for other recipients.
What grounds for re-registration may arise?
Re-registration of real estate from one homeowner to another is the legal transfer of ownership and disposal rights to the latter.
You can re-register an apartment to another owner by drawing up an official agreement, which comes into force from the moment of signing or after some time has passed. Depending on the form of the contract.
The fact of signature, authenticity and consent is confirmed by a notary, although there are other ways:
- Privatization
. The first answer to the question of how to legally and quickly re-register an apartment. A state procedure after which a person becomes the full owner of privatized housing.
- Gift deed
. How to re-register an apartment in your daughter’s name - a reliable way to change ownership between relatives. Here you can donate the entire property or part of it.
- Heredity
. You can re-register ownership in this way. The heir assumes the rights of an absolute homeowner only after the death of the current owner. This is the most reliable and frequently used method and the answer to the question of how to transfer an apartment to a relative.
- Sale/purchase
. An equally popular method of re-registration of real estate. It is often used by both complete strangers and those with family ties.
- Rent
. This method is more acceptable for older people and absolutely lonely people. The new owner will be able to own the property only after the death of the current owner at the time of signing the agreement.
How to re-register an apartment in the name of another person so that he can immediately sign the agreement? From the above list 1 is suitable; 2 and 4 methods. The algorithm (mediocrity) of actions depends on the situation and the method of re-registration.
Catalog of one-room apartments in Voronezh from the developer Open
State registration and re-registration of transfer of rights
To change the owner, you must submit documents to Rosreestr or through the MFC. Registration using an example of a purchase and sale agreement here. Find out what list of documents is needed, how long the process takes and applications for registration through the MFC in this detailed article.
Regulations for completing re-registration
How to re-register documentation for an apartment - you need to go through the list of steps established by law.
Transaction regulations:
- Initiative
. One of the relatives (family members) must express a desire to privatize the housing in which he lives. The remaining members must (in writing) agree to the transaction.
- BTI
. It is impossible to do without this organization. BTI engineers must inspect the home for unauthorized alterations.
- Documentation
. There is no way to properly re-register an apartment without collecting documents. No one can do anything without them. And this will require a lot of paperwork.
- Submission of documents to the administration
. You should come here only after the entire list of papers has been collected, confirmed, agreed upon, and signed.
- Signing the contract
. All potential owners must participate in this process.
- Registration in Rosreestr
. After all the issues have been resolved in the administration, you need to visit this body. After all, he issues a certificate of ownership of the property.
Rent
Rent consists of transferring the property of one person to the disposal of another. The latter undertakes to regularly pay a certain amount to the lessor.
Stages:
Step 1. Collection of documents:
- property foundation documents;
- extracting books from home;
- passport of both parties;
- certificate from the BTI.
Step 2. Drawing up and signing an agreement.
Step 3. Registration of the agreement.
The advantage of this method is the possibility of receiving additional income without losing your place of residence. However, there is a risk of becoming part of a fraudulent scheme.
Re-register an apartment under a Donation Agreement
Algorithm of actions:
Step 1. We draw up and sign an apartment donation agreement. You can do this on your own by downloading and filling out a sample from the Internet, or you can seek help from lawyers.
Step 2. We pay the state fee and submit documents for registration to the Federal Registration Service or the MFC.
Step 3. We collect the completed documents.
The advantage of this method is that if you are going to donate a share in the apartment, you do not need to receive refusals from other owners.
If you are going to donate an apartment that is joint property, you must obtain the consent of your spouse.
Purchase and sale agreement
A transaction for the sale of an apartment requires the presence of 2 parties in the form of a seller and a buyer. A corresponding agreement is concluded between them, according to which the property becomes the property of the buyer. The parties must be sane and of legal age.
In this case, the re-registration of the right is carried out after the signing of the agreement and the transfer of funds, because the transaction is not considered free of charge. In addition, the seller will need to pay a tax levy on the amount received for the sale of a residential property (13% of the profit if the property was owned for less than 3 years). But the purchaser can claim a tax deduction from the funds spent on the purchase.
Will
Instructions:
Step 1. The testator contacts the notary's office, taking with him his passport and title documents for the apartment.
Step 2. The notary draws up a will based on the information received from the client.
Step 3. The will is certified by the seal and signatures of the executor and the client.
A will may be invalidated if it is made by an incapacitated person, if it was written under duress, or if it does not comply with current laws.
