How to properly re-register an apartment for another person in 2021

Despite the apparent complexity, with the right approach, re-registration of an apartment will not cause difficulties. And in this matter you cannot do without our recommendations.

To re-register an apartment, the following package of documentation is required:

• passport;
• documents establishing ownership (sale and purchase agreement, donation, exchange, etc.)
• notarized consent of the spouse (if the apartment is joint property);
• extracting books from home;
• certificate of ownership.

The list may vary depending on the re-registration method.

Where to go

An important point is to determine which authority you will need to go to to formalize the transaction. It all depends on the situation. Citizens to re-register an apartment can contact:

• in the MFC;
• to the cadastral chamber;
• to Rosreestr;
• to the city administration;
• to intermediary organizations (they charge additional fees for services);
• to the notary.

Most often, when making purchases and sales, citizens turn to real estate offices. But after signing the relevant agreement, you will still have to go to the registration chamber or Rosreestr. As a last resort, go to the MFC. It is in these bodies that the citizen will be issued a certificate of ownership of real estate.

Methods for re-registration of real estate

How to re-register an apartment in the name of a relative, wife or brother?

The most convenient way for children and parents is to transfer property rights by gift or inheritance.

For spouses, after a divorce, a purchase and sale agreement is preferable.

It is important to choose the right type of transaction.

Purchase and sale of real estate

The purpose of the agreement is to transfer ownership of the apartment for the amount specified in the agreement.

Such an agreement can be concluded between almost all legally capable persons who are in a sane state. If necessary, a principal may act as a representative of one of the parties, for whom a notarized power of attorney must be issued.

What documents are needed to re-register an apartment?

Before concluding a contract, you need to prepare the following list of documents:

• Application for registration of a transaction;
• Purchase and sale agreement signed by all parties;
• The acceptance certificate signed by the parties to the transaction;
• Technical passport from BTI;
• Copies of passports of transaction participants;
• If necessary, the consent of the spouse to complete the transaction in writing and certified by a notary;
• Receipt for payment of state duty;
• If working through a representative, the latter must have a notarized power of attorney;
• If necessary, a loan agreement with a bank;
• If necessary, a copy of the court decision declaring any of the participants incompetent or capable, but with restrictions;
• If children are involved in the transaction, their birth certificates must be provided, as well as the written consent of the guardianship authorities.

After all the necessary documents have been collected, all the above papers must be transferred to the Registration Chamber.

The apartment will be re-registered within 14 days from the date of submission of the application, you can also submit the collected package of documents to the MFC and receive the required documents within a week.

In special cases, the re-registration period can be reduced to three or five days. To do this, you will need to write an application addressed to the head of the Companies House and indicate valid reasons why the process should be accelerated.

Exchange

This transaction represents an opportunity not to draw up two sales and purchase agreements and thereby reduce the number of actions.

The parties to this agreement are two apartment owners who want to exchange living space.

Also, one of the parties may provide any non-residential premises, a vehicle, etc. for the transaction.

The main condition of the contract should be that both objects are of equal value. If this is not the case, then the party giving away the more expensive item will receive compensation in the form of an additional payment. To determine the value of the transaction objects, it is necessary to conduct an independent assessment of them in advance .

The documents collected for the implementation of the contract are the same as for a regular purchase and sale agreement.

Donation

A deed of gift is an agreement for the gratuitous transfer of movable or immovable property to another person, among whom there may be both relatives and third parties.

The deed of gift can be drawn up either independently or with a notary . The first method is feasible if the donor does not have other relatives who may try to challenge the transaction. If there are any, it is better to enlist the support of a lawyer, but this will require certain financial investments.

To draw up the contract itself you will need:

1. Passports of the parties to the agreement;
2. A document confirming the donor’s right to own the apartment;
3. Extract from the Unified State Register for real estate;
4. An extract from the house register about the residents registered in the apartment;
5. If necessary, written consent of the spouse, certified by a notary;
6. If the interests of one of the parties are represented by a third party, he must provide a power of attorney certified by a notary.

How to re-register an apartment in the name of a spouse? We invite you to watch the video.

The notary will draw up a deed of gift, after which he will take all the documents he needs and will re-register the apartment at the registration chamber. Later, on the appointed day, the recipient will be provided with an extract from the Unified State Register stating that he is the new owner of the donated apartment.

If you want to save on the services of a lawyer, you will have to do the paperwork at the Registration Chamber yourself. In this case, the agreement is signed in front of the Unified State Register registrar.

Rent

The main idea of ​​a rent agreement is that the owner of an apartment transfers the property he has to another person, for which the rent payer undertakes, in exchange for the property received, to periodically pay rent to the recipient in the form of a certain amount of money, or to provide funds for its maintenance in another form.

Participants in the transaction must provide the following package of documents:

• Certificate of ownership of the transferred property;
• Certificate of inheritance;
• Technical and cadastral passport, as well as, if necessary, other documents from the BTI relating to the apartment.

This agreement can only be executed by a notary.

After completing the transaction, it must be registered in the Unified State Register, then obtain the title documents within the regulated time frame . An annuity is often used as an opportunity to enter into a contract with an encumbrance in the form of lifelong maintenance.

Pledge agreement

The main idea of ​​the collateral agreement is to transfer the apartment as collateral in exchange for receiving the funds specified in the terms of the transaction.

Most often, such an agreement is concluded between a person and a bank, when a person gives an apartment into the ownership of the bank, receiving money in return. After this, he repays the loan, after repayment of which the property is again transferred to his disposal.

While the apartment is pledged, it will belong to the bank. Despite this, no one prohibits the apartment owner from entering into a collateral agreement with an individual .

What documents will be required:

1. Real estate appraisal report;
2. Documents for the apartment;
3. Extract from the Unified State Register;
4. Certificate of right to use real estate pledged.

After execution of the agreement, the mortgagee temporarily becomes the new owner of the property until the amount transferred to the previous owner is returned.

If the mortgagor does not fulfill his obligations under the agreement, for example, does not repay the loan, then the agreement is terminated in court. The property goes to the mortgagee, who has the right to sell the apartment and recover his losses; if part of the money has already been paid by the previous owner, then he is given compensation.

Apartment section

An apartment division agreement is most often used by spouses during a divorce.
In order for it to become possible, each spouse must have their own share in the apartment.

If housing was received by one of the parties before the wedding, then the second person cannot obtain the right to housing , at least unless he is later registered there. Therefore, such property cannot be divided.

But if the apartment was received during marriage, then the spouses may have their own shares. In this case, they will need to divide property during a divorce.

Since the apartment will ultimately go to only one owner, the second should receive compensation for renouncing their rights. It can be expressed in money.

You can achieve payment through the court or reach an agreement among yourself without the intervention of an arbitrator. Otherwise, the parties can go to court, which will consider their arguments and make a balanced decision that takes into account all the facts.

At the same time, the spouse's share can be allocated to him in kind. In this case, the premises are divided into two independent parts, each of which later becomes an apartment.

After that, it can be sold to someone else. To do this, you need to carry out redevelopment, arrange in each part a bathroom and all the life support necessary for a comfortable stay.

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.

The procedure for re-registration of an apartment

If the apartment is acquired as a result of donation, purchase/sale and other transactions. To formalize them, an agreement must be drawn up that complies with the law. The new owner must go with him to Rosreestr and write a corresponding statement. Only after registration with this body can it be considered that ownership rights have finally transferred to it.

When inheriting an apartment, the process of re-registration slows down significantly and becomes more complicated. Firstly, the inheritance itself cannot be formalized earlier than 6 months after the death of the testator. Secondly, very often there is not the only heir and, even in the presence of a will, lengthy litigation arises. Having received ownership of an apartment under a certificate of inheritance or a court decision, the owner must also register this fact with Rosreestr, only after which he can consider that the re-registration is completed.

Procedure for re-registration for children

How to re-register an apartment for your daughter or son? Here it is better to choose a gift or make a will. Each option has its own characteristics.

For example, a donation allows you to immediately transfer the right to dispose of living space to the child. However, the gift agreement does not have a retroactive effect, so if the agreement is registered, it will no longer be possible to play it back.

If you make a will for your son or daughter, you can make changes to the document at any time. True, children will be able to assume their rights only after your death.

The question arises: how much does each procedure cost? If you are looking for financial benefits, then choose a deed of gift. The document does not need notarization, so you can save on notary services.

Please note that it is possible to re-register ownership of a child who has not reached the age of majority only through a gift agreement.

In any case, you will need the following documents:

• passport. If you choose a donation, then you need documents of all persons mentioned in the agreement;
• real estate documents. This includes a technical passport, cadastral and BTI papers;
• extract from the house register and EIRC. These certificates are needed to confirm the absence of other owners and arrears in payment of utilities;
• deed of gift or will.

Inheritance and re-registration

Re-registration of an apartment after the death of the owner, as a rule, occurs through inheritance. How does this process happen? Such a procedure takes a lot of time.

Registration of an apartment by inheritance is divided into several stages:

1. Consent to inheritance. The heirs must contact a notary within six months and write a consent or refusal to receive the property. If a citizen does not do this, then after 6 months from the date of opening of the inheritance/will, the person loses the right to re-register the property.
2. Collection of documents necessary for the inheritance procedure. More on them a little later.
3. Registration of the transaction with a notary.
4. Applying to Rosreestr to obtain a certificate of rights to an apartment.

There is nothing extremely difficult about this. The main thing is that the re-registration of an apartment after the death of the owner is carried out in accordance with established rules. All documents necessary for this must be collected by the closest relatives and heirs of the deceased.

Preparation of papers

Regardless of the method chosen by the parties, in order to re-register the apartment to the new owner, the following documents will be required:

Document name Notes

Documents for re-registration by sale

What documents are required for re-registration of an apartment due to purchase and sale? In general, the list is not much different from the package of papers requested during privatization. You need to prepare:

• passport of the owner-seller;
• buyer's identity card;
• technical and cadastral passports for real estate;
• certificates confirming the absence of debt on bills in the apartment;
• extract from the Unified State Register;
• documents indicating ownership of real estate;
• Marriage certificate;
• the spouse’s permission for the transaction (if we are talking about jointly acquired property);
• a receipt for payment of the state fee for registering the transaction (1,400 rubles, if you contact the MFC);
• an extract from the house register indicating everyone registered in the apartment;
• consent of other property owners for sale (if the seller is not the only owner).

But the buyer will have to bring not only the listed papers to Rosreestr. Additionally, you will have to attach a contract of purchase and sale of housing, as well as a receipt for receipt of money by the former owner of the apartment.

Documents for registration of deed of gift

What documents for re-registration of an apartment will be useful in the case of drawing up a deed of gift? In this situation, the notary is brought:

• donor's passport;
• gift agreement;
• real estate cadastral passport;
• certificate of ownership of the apartment;
• ID of the donee;
• an extract from the personal account for the apartment;
• documents indicating the relationship between the parties (if any).

Sometimes a notary may request an extract from the BTI. After signing the agreement, citizens are given a notarized notification of registration of the transaction. You can go with it to get a new certificate of ownership.

Re-registration of a personal account for an apartment is carried out after all the described procedures. The owner needs to contact the management company that maintains the building in which the apartment is located. You must bring with you:

• passport;
• gift/sale/rent agreement or other basis for the transfer of real estate to a new owner;
• cadastral passport (preferably).

The new owner writes a statement in the established form, after which the management company makes the appropriate changes. A similar procedure will have to be carried out in all organizations serving the apartment. Otherwise, payments for housing and communal services will be received in someone else’s name. Now it’s clear what documents are needed to re-register an apartment.

Documents for inheritance

What documents may be required to re-register an apartment upon inheritance? Citizens bring to the notary:

• a will (usually the notary already has it);
• death certificate of a citizen;
• written consent to enter into inheritance;
• real estate cadastral passport;
• an extract from the Unified State Register (not always, but it’s better to bring it);
• heir's passport;
• documents of relationship with the deceased (if available);
• papers indicating the deceased's ownership of real estate.

As a rule, you need to bring all the listed papers to the Rosreestr, but in addition to them attach:

• application for amendments to the cadastral passport;
• an extract from a notary, which will indicate the fact of transfer of property by inheritance.

After contacting the registration chamber, the citizen will be given a special receipt. It indicates the time of receipt of the certificate of ownership of the property.

One small nuance that is worth paying attention to is taxes. If the re-registration of an apartment due to the death of the testator occurs between distant relatives, you will have to pay 13% of the value of the property in the form of tax. Otherwise, the process will not be considered completed. Close relatives (parents, children, spouses) are exempt from taxes.

About privatization

To begin with, we should consider the situation in which the re-registration of an apartment occurs during privatization. Only citizens registered in a particular territory can participate in the process. You will need to submit a package of documents to the administration of the locality or to the MFC.

All re-registration of ownership of an apartment can be divided into several stages:

1. Showing initiative. Someone from the family proposes to privatize the property. Residents either give their consent to the process or refuse to participate in writing.
2. Contact the BTI. Engineers will inspect the apartment and mark the redevelopment and all non-residential objects located on the territory.
3. Collection of documents. The most difficult thing imaginable. You will need a lot of paperwork, so it is recommended to start the process of preparing for privatization with the preparation of documents.
4. Applying to the administration with an application for privatization. Attached to it is the previously collected package of papers.
5. Verification of documents by the administration.
6. Signing of the privatization agreement. The presence of all potential property owners is required.
7. Registration of an apartment in Rosreestr. This is where the process ends. Owners are issued real estate certificates and a new cadastral passport.

Nothing else is needed. What documents are required to re-register an apartment in this case? Their list is not that long.

Selling through a notary

How is the ownership of an apartment re-registered through a notary through a sale? In this case, the purchase and sale agreement is drawn up in a notary office. The parties must bring with them:

• real estate documents;
• cadastral passport;
• an extract from the house register;
• passports of the parties.

Additionally, state fees and notary services are paid. The employee draws up a competent contract, it is signed by the parties and registered on the spot. After receiving a receipt from the seller about receipt of money, you can go to the registration chamber with the documents listed earlier and receive a certificate of ownership of the property.

Documents for privatization

Among the papers required for privatization are:

• identification documents of all potential owners;
• children's birth certificates;
• cadastral passport;
• technical passport of real estate;
• an extract from the personal account of the apartment;
• document providing the basis for the use of real estate (for example, a social tenancy agreement);
• refusals/consents to privatization;
• extracts from the BTI and house register;
• divorce/marriage certificate (if available).

All papers are submitted with an application in the established form. It is advisable to attach their originals and copies.

Free transfer

When looking for a way to re-register an apartment in your name, avoiding painful taxes and other financial expenses, the best option is a gift agreement or a will. Of course, if we are talking about close relatives, for example, children, spouse, sometimes parents, brothers and sisters, or close people without blood relations, to whom the owner is ready to transfer the apartment without demanding anything from them in return.

A gift agreement is the cheapest option, it is not subject to taxes and does not require a large number of documents. It is important to consider the following:

• According to the law, the gift agreement can be terminated by the donor during his lifetime, whenever he wishes, but only until the new owner formalizes ownership of the donated apartment;
• a donated apartment cannot act as jointly acquired property and is not divided when the spouses divorce.

The documents that will be needed when drawing up a gift agreement (deed of gift) include title papers for the apartment, cadastral documentation and the gift agreement itself or a will along with the personal passports of the parties.

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.

Rent

In this case, the future owner assumes responsibility for caring for the original owner of the apartment, on the condition that the latter will be transferred into the ownership of the assistant after the death of the owner.

Another option for the transaction is the payment of a certain amount during the period established by the relevant agreement. After completion of the period, the apartment is registered to the new owner.

The rent agreement is always drawn up by a notary. Also, the transaction must be recorded in Rosreestr.

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.

Taxes - how much and per hundred you need to pay

The total cost of re-registration will depend on the type of registration and the person conducting the transaction (law firm or notary office).

The state duty applicable to the state re-registration of the contract for the alienation of residential property is:

• For legal entities about 22,00 rubles.
• For individuals – about 2000.

It doesn’t matter what kind of document it is: exchange; sales contract, deed of gift, rent, inheritance.

Before transferring the share of the apartment to the mother, you need to pay a fee of 200 rubles (for apartments in a multi-story building).

All transactions for the sale or purchase of apartments are subject to tax at the rate of 13% of the total amount if:

• the owner has owned the apartment for 3-5 years;
• ownership was acquired by donation, rent, or in the process of privatization.

The amount of the fee under an inheritance agreement will depend on the degree of relationship between the deceased and the person taking possession of his property:

• 0.3% of the cost (cadastral) for relatives of the 1st and/or 2nd order of kinship (but not more than 100 thousand rubles);
• 0.6% of all other applicants for ownership (not higher than 1 million rubles).

Summary

The specific option for re-registration of the transferred or received apartment in all cases should be chosen depending on the goals pursued by the parties to the transaction. It is better to come to a decision based on consensus. The maker of the will, and legally this is a one-sided transaction, can ignore the wishes of the heirs and act at his own discretion. In some cases, such a decision may lead to the will being contested in court.

Sources

• https://prokvartiru.com/prodazha/kak-pereoformit-kvartiru
• https://FB.ru/article/283928/pereoformlenie-kvartiryi—poshagovaya-instruktsiya
• https://kvartira3.com/kak-pereoformit-na-drugogo-cheloveka/
• https://pravoved.ru/journal/pereoformlenie-kvartiry-na-drugogo-sobstvennika/
• https://yuristznaet.ru/kvartira/pereoformlenie-kvartiry-na-drugogo-sobstvennika.html
• https://PravoNedv.ru/kvartira/oformlenie/na-drugogo-cheloveka.html
• https://mirzoev.pro/information/sposoby-pereoformleniya-nedvizhimosti-na-drugogo-sobstvennika/