Why might you need to redecorate your house? This happens under various circumstances, including inheriting real estate or buying an apartment, when you need to change one owner to another. Most often, the new owner does not know how to become a full-fledged owner of the property, and this is a necessary condition for further residence and disposal of the resulting home.
Is it possible to re-register an apartment in joint ownership for one person?
The legal status of the spouses' property can be individual or joint. In the first case, the apartment was purchased by one of the spouses before entering into an official marriage, received as a gift or by will, in the second - it was purchased or privatized during the marriage.
Property owned solely by the owner can be sold, donated, leased, etc. However, he does not need to obtain the consent of his spouse. The situation is completely different with joint ownership. In this case, the object has two owners, but their shares are not allocated. In order to perform an action with them, it is necessary to obtain the notarized consent of the spouse.
It is not possible to gift joint property to one of the spouses in one transaction. After all, he already has his rights in the apartment. Let's look at how to register an apartment in joint ownership for one person.
How to re-register an apartment during a divorce so as not to divide
It is important to know what can happen in one of three scenarios:
- By agreement of the spouses;
- In accordance with the marriage contract;
- By the tribunal's decision.
If Themis is involved in the process, then usually the property is divided equally between the spouses. But what to do when you don’t feel like it at all. For example, if it was purchased with inherited money, or capital accumulated before marriage was invested in it.
Another option could be to re-register the apartment in the name of one of the closest relatives even before the divorce. For example, housing can be transferred to the mother or father. But this method is only effective if only one of the spouses is listed as the owner. But here it is important to take into account the fact that the danger of this method is also that if the parents have other heirs, then they will also be able to claim this property.
The second option is to enter into a marriage contract. But this is only possible if the separation occurs amicably, and the husband or wife is ready to come to an agreement and not claim the property of the other half.
You can also collect evidence that the apartment was purchased with premarital money. For example, provide evidence that the payment for housing was received from the sale of an apartment that was owned before the marriage. This is easy to do by tracking bank transactions.
Ways to design an apartment for one person
There are several ways to resolve the issue of marital property. They are given the opportunity to choose one of the options convenient for themselves:
- Donation of the spouse's share in the apartment, having previously allocated his share.
First, the husband and wife need to draw up and sign an agreement determining the shares. To do this, you need to contact a notary and certify the transaction. The size of the shares may vary, but in this situation it is advisable to give each person ½.
The allocated shares are registered in Rosreestr, the result is that each owner receives an extract from the Unified State Register of Real Estate with the exact value of the share in the property.
Then a contract of donation of the share of one of the spouses to the other is drawn up by a notary. Afterwards, the set of documents is submitted to Rosreestr for registration of the transfer of ownership. The extract from the Unified State Register will indicate one owner, and the basis for the transfer of ownership will be a gift agreement.
Sample agreement for donation of a share in an apartment
- Spouses can redistribute common property between themselves.
To do this, you will need to contact a notary, where you can draw up and sign an agreement on the division of all joint property. As a result, it will be redistributed, and the shared apartment will be registered for one person. Then the registration documents are submitted to Rosreestr and the owner receives an extract from the Unified State Register of Real Estate with his name in the owner column.
To use this option, spouses need to own not only an apartment, but also some other equivalent property, for example, a summer house, a residential building, transport, etc. By agreement, the spouses must redistribute these objects among themselves so that their value is equal for each of them.
- Signing a marriage contract.
The apartment can be transferred to one of the spouses as part of a marriage contract. It is also notarized and property rights are registered in Rosreestr. This option turns out to be the most affordable in terms of costs and the spouse becomes the sole owner immediately after signing the contract. But it is still necessary to make a corresponding entry in the Unified State Register.
Required Documentation
To re-register a house, it is necessary to take into account that all real estate registered before 1998 does not have a certificate of ownership. This happened for the reason that all transactions for the purchase and sale of real estate or inheritance were previously carried out on the basis of notarized documents.
From the second half of 2021, registration of real estate began to be done without issuing a paper certificate; its role is now played by an extract from the Unified State Register of Real Estate. In other cases, the original ownership document must be present.
In order for the new owner to transfer the property to himself, the following actions must be taken:
- Update all documents that relate to your property.
- If you have a technical passport with an unlimited shelf life and unformed cadastral documents, you need to submit an application to the technical inventory bureau on a special form. Remember that the services of a master from BTI require payment of a state fee; a receipt is also attached to the documents. Based on the inspection, a house plan and a real estate cadastral passport are drawn up. Their validity period is limited. That is, if the documentation was drawn up five years ago, then it must be updated.
- Documents of title are required on the basis of which the previous owner obtained ownership: deed of gift, purchase and sale agreement, certificate of inheritance, etc. Accordingly, a document of ownership is presented - an extract or registration certificate.
- Passport of a Russian citizen from each participant in the transaction.
- It is always better to re-register real estate with the assistance of a notary. Although the deed of gift does not require mandatory certification, in the case of a house it is still advisable to draw it up according to all the rules in order to avoid possible claims against the new owner from interested parties in the future. When transferring the house of a deceased relative, for example, to a son after the death of his father, it is required to have a certificate of inheritance in hand - a will is not a legal act in this case.
- After all the necessary documents have been collected, they must be taken to the registration chamber. In this case, the documents must be both original and copy along with a receipt for payment of the state duty.
Taxation
Gifts between close relatives, to whom the spouse belongs, are not taxed on the income received. Therefore, personal income tax is not calculated and is not subject to payment to the budget.
But the owner of the property becomes the sole payer of the corresponding tax. It is calculated by the tax authority at a rate approved by the regional authorities. Thus, if the ownership of an apartment is registered with only one spouse, then only he is recognized as a taxpayer for it.
How to quickly and cheaply re-register a private house from a wife to a husband.
Civil Code of the Russian Federation Article 421. Freedom of contract
See also:Part 2 of the Civil Code of the Russian Federation, Part 3 of the Civil Code of the Russian Federation, Part 4 of the Civil Code of the Russian Federation
“Civil Code of the Russian Federation (Part One)” dated November 30, 1994 N 51-FZ (as amended on July 29, 2017) (with amendments and additions, entered into force on August 6, 2017)
Positions of the highest courts under Art. 421 Civil Code of the Russian Federation >>>
1. Citizens and legal entities are free to enter into contracts.
Compulsion to enter into an agreement is not permitted, except in cases where the obligation to enter into an agreement is provided for by this Code, the law or a voluntarily accepted obligation.
2. The parties may enter into an agreement, either provided for or not provided for by law or other legal acts. To an agreement not provided for by law or other legal acts, in the absence of the features specified in paragraph 3 of this article, the rules on certain types of contracts provided for by law or other legal acts do not apply, which does not exclude the possibility of applying the rules on the analogy of the law (paragraph 1 Article 6) to the individual relations of the parties to the agreement.
(as amended by Federal Law dated 03/08/2015 N 42-FZ)
(see text in the previous edition)
3. The parties may enter into an agreement that contains elements of various agreements provided for by law or other legal acts (mixed agreement). The relations of the parties under a mixed contract are applied in the relevant parts to the rules on contracts, the elements of which are contained in the mixed contract, unless otherwise follows from the agreement of the parties or the essence of the mixed contract.
ConsultantPlus: note.
On the terms of agreements concluded in the territories of the Republic of Crimea and the federal city of Sevastopol before the day of acceptance of the Republic of Crimea into the Russian Federation and the formation of new entities within the Russian Federation - the Republic of Crimea and the federal city of Sevastopol, see Article 21 of the Federal Law of November 30, 1994 N 52-FZ.
4. The terms of the contract are determined at the discretion of the parties, except in cases where the content of the relevant term is prescribed by law or other legal acts (Article 422).
In cases where the condition of the contract is provided for by a norm that is applied to the extent that the agreement of the parties does not establish otherwise (dispositive norm), the parties may, by their agreement, exclude its application or establish a condition different from that provided for in it. In the absence of such an agreement, the terms of the contract are determined by a dispositive norm.
5. If the terms of the contract are not determined by the parties or by a dispositive norm, the relevant conditions are determined by customs applicable to the relations of the parties.
Re-registration of an apartment purchased with a mortgage
We should also talk about apartments bought by husbands with a mortgage. If the debt to the bank has not been repaid, then any actions with this property can only be performed with the written consent of the bank. Before making a transaction, it is also very important to carefully read the loan agreement to ensure that certain actions are prohibited. For example, the agreement may directly prohibit the gift of an apartment for which the mortgage has not yet been repaid.
Banks often refuse to re-register an apartment in the spouse’s name for the reason that her income may not be enough to repay the debt. A way out of this situation may be for the spouse to act as a guarantor of the fulfillment of her obligations.
In any case, if the bank confirms its consent to transactions with the apartment, changes will need to be made to the loan agreement. Depending on what kind of transaction is planned, it may require notarization or registration with Rosreestr.
How this can be done:
1 step. Apartment purchase.
The documents should be drawn up directly in the name of the spouse, so that later you do not have to re-register ownership. Registration of ownership of an apartment is carried out in Rosreestr. To do this, you need to submit an application in the prescribed form to the relevant authority, pay a fee, and provide an agreement on the purchase of an apartment in three copies.
Step 2. Conclusion of a marriage contract.
A marriage contract is concluded between legal spouses and is subject to notarization.
You can draw up such an agreement yourself, including in it all the necessary information and information, including data of the parties (full name, passport data, registration addresses), apartment data (cadastral number, address, area), information that this apartment was purchased during marriage , is recognized as the private property of the spouse, as well as other information that the parties consider important to agree on.
You can entrust the drawing up of the agreement to a notary. To do this, he must provide original passports, marriage registration certificates, as well as documents for the apartment. The notary himself will draw up and certify the agreement.
What does this require?
To complete a standard transaction for the transfer of real estate to the wife, you will need to prepare the following documents:
- passports of the parties;
- registration certificate of the apartment;
- cadastral documents;
- certificate of ownership or other document confirming it;
- certificate of registered persons in the facility.
If different nuances arise, additional documents may be required.
When registering a gift transaction between spouses, there will be no additional costs for paying state fees.
When concluding a marriage contract, it is worth considering the following important nuances:
- The contract may stipulate that the apartment will become the property of the spouse in the event of a divorce. Then, before the divorce, it will be jointly acquired property and, for example, after the death of the husband during the marriage, its part will be divided among the heirs. Also, an apartment purchased during marriage may be subject to seizures or other sanctions for the husband’s debts, provided that it is not the only home.
- The agreement may contain a condition that the apartment will already be recognized as the property of the wife during marriage.
- It will not be possible to conclude a marriage contract on the rights to an apartment purchased during marriage without a notary. The law provides for mandatory notarization of this document, otherwise it will be considered invalid.
- The husband may change his mind and demand termination of the contract in court. To do this, it will be enough for him to prove in court that there are valid grounds for this.
A will as a way to re-register an apartment in the name of a wife
A will is one of the ways to transfer an apartment into the ownership of a spouse, but it has significantly more disadvantages than other methods discussed in this article:
- A will can be revoked by the person who made it at any time after it is made;
- The will may be contested by other heirs, for example, disabled dependents, who by law will have to allocate part of the deceased's property.
- Property passes to the wife only after the death of the husband. However, none of us can know for sure whose death will come first.
When is it necessary to re-register an apartment?
There are many situations in which it becomes necessary to re-register an apartment in the name of a legal spouse, from the banal desire of its owner to please his beloved wife, or his reluctance to share his property with other heirs, to situations where such transactions are made in order to avoid the imposition of any penalties on the apartment for the husband's debts and so on. But, whatever the reasons for re-registration, this can be done legally.
Depending on the period in which the apartment was purchased - during marriage or before marriage, you can choose one of the following re-registration options: signing a marriage contract or an agreement on the division of property, or transferring the apartment under sales or gift agreements.
