How to transfer a share in an apartment to a relative. How to transfer an apartment from shared ownership to sole ownership

The latter is divided into shared and joint. Equity implies that each of them belongs to different owners. The size of shares can be determined by an agreement between the owners, a court decision or law.

If you own part of the apartment and want to transfer it to a relative, you need to know the nuances of such transactions. We'll talk about them further.

How does ownership of a share in an apartment arise?

There are several reasons for acquiring ownership rights:

Submitting documents to local authority authorities, you can immediately indicate that you want to register shared ownership. The document will indicate who owns what part of the apartment.

• Buying a home

If there are several buyers, they also have the right to register shared or joint ownership.

• Donation

The owner of the apartment can give a part of it to a relative. For example, a third of total area housing. For this purpose, a deed of gift is drawn up.

• Inheritance

The testator may indicate in the will that his house or apartment is divided among several relatives.

It is possible to divide the apartment between ex-spouses in divorce proceedings. Often, the court awards the former spouses equal shares.

In each case, ownership of the share must be registered with Rosreestr.

Features of shared ownership

Often one apartment is owned by several people. Each owner has the right to use and dispose of the apartment.

He can sell his share, donate it, exchange it for other property, etc. You can also achieve . However, the law contains some restrictions.

Ownership and the size of the share are confirmed by an extract from the Unified State Register of Real Estate.

How to transfer a share in an apartment to a relative?

The owner of a part of the property has the right to sell it, donate it, bequeath it, pledge it, or dispose of it in any other way. Transactions can be paid or gratuitous. The law does not prohibit the transfer of shares to any persons - relatives or other citizens.

Apartment owners have a pre-emptive right to purchase your share.

Methods for re-registration of rights

The most common ways are:

1. Purchase and sale

The parties themselves determine the value of the share, enter into an agreement, and have it certified by a notary. However, such transactions are not common between relatives.

1. Donation

The owner has the right to donate his part of the property to whomever he wishes. There is no requirement to notify other owners. If the donee has committed any crime against the donor or mistreats the property, then the deed of gift can be revoked.

1. Will

Elderly people often decide to transfer a share to a relative by drawing up a will. The owner of the apartment decides who will get what part of the property.

In each of the listed methods it is necessary to formalize the transaction in writing and register it with Rosreestr. Only after this the new owner will become the legal owner of the share.

How to transfer a share to a relative under a purchase and sale agreement?

If you decide to sell your share, follow the step-by-step instructions:

1. Notify other homeowners one month before the proposed sale. By law, they have the right of first refusal.
2. If the owners have not expressed a desire to purchase your part of the property, proceed with the purchase and sale transaction. Ask them to issue written refusals to purchase the share.
3. Draw up an agreement and have it certified by a notary office. The notary will check the legality of the transaction, including the fact that other homeowners were notified.
4. Contact Rosreestr and register the buyer’s rights to the share.

They did not notify other owners about the sale of the share - Rosreestr will refuse registration.

How to transfer a share to a relative under a deed of gift?

Donation is the most popular way of transferring a share to a relative. This is quite understandable, because remunerative transactions within the same family are rare.

The transaction is accompanied by the preparation of a deed of gift. It indicates the full name. parties - the donor and the donee, the property and its characteristics, the size of the donated share.

It is better to have the gift agreement certified by a notary.

A gift does not involve the payment of money or the provision of any services in return. Under the terms of the agreement, the donor may retain the right to reside in his part of the apartment. The owner does not need to give other owners a month's notice. This requirement applies only to compensated transactions.

Another advantage of this option of re-registering a share in an apartment to a relative is that there is no need to pay taxes. True, this only applies to close relatives. These include husband or wife, parents, grandparents, brothers and sisters.

Gave me an apartment close relative- no need to pay tax.

How to transfer a share to a relative under a will?

Inheritance also does not require compliance with the notification procedure, since the terms of the will remain secret until the death of the owner.

After the death of a person, the heirs must contact the notary who is handling the case within 6 months. You will need to provide a passport and death certificate of your relative. The notary will check all the papers and issue a certificate of inheritance.

It should also be taken into account that the will is subject to the rules on compulsory share. If you are left half of the apartment, but the testator did not take into account his dependents in the will, your share will be reduced.

The period for entering into inheritance is six months.

What documents will be required?

The package of papers depends on the specific case. You can request a list of documents from Rosreestr or entrust their collection to an experienced lawyer. This way you will avoid registration refusal.

IN general case you will need:

• application for registration actions;
• copies of passports of the parties to the transaction;
• power of attorney for a representative, if the documents are not submitted personally by the owner of the apartment;
• title documents for residential premises (certificate of title, extract from the Unified State Register, etc.);
• the original document that serves as the basis for re-registration of rights (sale and purchase agreement, certificate of inheritance, deed of gift);
• papers confirming compliance with the notification procedure when selling a share;
• receipt of payment of state duty.

State duty for registering rights to a share in an apartment - 2 thousand rubles.

Rosreestr will accept the papers, conduct a thorough check of them, request missing documents through interdepartmental communication channels and issue the new owner of the share an extract from the Unified State Register of Real Estate. This will take a maximum of 10 days.

If you don’t want to deal with drafting notices, contracts, statements and running around to different authorities, then you can entrust this matter to a lawyer. The specialist will carry out all the actions independently.

Today we need to understand how an apartment is re-registered to a particular citizen. In fact, understanding the process is not as simple as it seems. After all, the owner can change various reasons. Depending on the situation, the algorithm of actions will change. This fact must be taken into account. But how to act in this or that case? What should you pay attention to first? How are apartments re-registered to new owners? All this will be discussed further below.

When owners change

Re-registration of an apartment is a process that almost every citizen becomes familiar with sooner or later. Bringing it to life is not so difficult if you know how to act. In what cases can the owner of a particular property change?

To date, the following scenarios have been identified:

1. Privatization. Re-registration process state property per citizen. During this process, the person becomes the full owner of the property, and the municipality loses its rights to the property.
2. Registration of deed of gift. This operation is carried out during the lifetime of the apartment owner. You can donate the entire apartment (re-register it) or its share.
3. Entry into inheritance. Such re-registration of the apartment after the death of the owner takes place. The most unpleasant process for heirs. Especially if the owner did not leave a will during his lifetime.
4. Buying/selling. Purchase and sale transactions are the most common. You can sell your property. After completing the transaction, the buyer will become the full owner of the property. And then the apartment will need to be re-registered to the new citizen.
5. is often concluded with elderly single people. But at the same time, direct re-registration will occur after the death of the owner of the apartment.

Accordingly, depending on the situation, the algorithm of citizens’ actions will change. What to do in this or that case? How is an apartment re-registered to another owner?

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. On extreme case- at the MFC. It is in these bodies that the citizen will be issued a certificate of ownership of real estate.

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. The package of documents will need to be submitted to the administration. settlement or at 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 given certificates for real estate and a new

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

Documents for privatization

Among the papers required for privatization are:

• identification documents of all potential owners;
• children's birth certificates;
• cadastral passport;
• 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.

Independent sale

The procedure for completing a real estate purchase and sale transaction can be divided into several stages:

1. Preparation of certain documents for the apartment. The process is carried out by the seller. At the same time, you can search for buyers.
2. Drawing up a purchase and sale agreement.
3. Signing an agreement with the buyer. The new owner pays for the transaction, after which you can go to the MFC and register the agreement.
4. Submitting a package of papers to Rosreestr to obtain a certificate of ownership of real estate.

Nothing special. The main problem when selling real estate is drawing up a legally competent contract. Now a sample of paper can be easily found on the World Wide Web.

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;
• spouse's permission for the transaction (if we're talking about on jointly acquired property);
• a receipt 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.

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 it for the property.

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 the 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.

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;
• 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.

Gift deed

Now it is clear how the re-registration of an apartment occurs after death. There is no other way. The only exceptions are annuity agreements and deeds of gift. As a rule, a gift agreement is most often encountered in practice. It allows you to transfer the ownership of the entire apartment or part of it to another person during the lifetime of the owner of the property.

If the deed of gift is drawn up for close relatives, you do not need to pay tax. Otherwise, the donee must pay 13% of cadastral value real estate to the tax authorities.

As a rule, the procedure for registering a deed of gift is as follows:

1. The owner turns to the notary with documents for real estate and a deed of gift.
2. The notary either checks the literacy of the gift agreement, or independently draws it up according to the established rules.
3. The owner of the apartment and the donee sign an agreement.
4. The notary registers the transaction, and the new owner draws up documents for the property at the registration chamber.

It is interesting that the deed of gift can be revoked within 12 months if certain circumstances exist. Usually the procedure is possible if:

• the donee killed former owner(then the heirs are responsible for canceling the deed of gift);
• the recipient of the property has committed a crime directed against the donor or his relatives;
• there is a threat of damage and loss of the apartment, which is of intangible value to the former owner;
• the property is of public value and the recipient may destroy or damage it.

In practice, such situations rarely occur. Therefore, a deed of gift is the most reliable re-registration. No one obliges the apartment owner to donate the entire property. He has the right to donate only a share. This nuance must be specified in the gift deed.

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 of the established form, after which management company make 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.

What is this? How to transfer a share in an apartment to a relative? Methods of re-registration of rights Procedure for completing documents

Shared ownership of residential real estate implies that an apartment has several owners. They all have equal rights for use common property housing, and the size of the shares can be determined by the terms of the contract, an agreement between copyright holders or according to the norms of legislative acts. In our article we will learn how to transfer a share in an apartment to a relative, and what nuances need to be observed when preparing documents.

What it is?

Civil legislation allows for the possibility of acquiring ownership of one piece of real estate at the same time by several persons. In this case, a joint or shared form of ownership may be established. With shared ownership, each owner has the right to independently dispose of his share, however, the law contains certain conditions and restrictions that citizens must comply with.

Let us highlight the most common situations in which ownership rights to a share in an apartment arise:

participation of citizens in the privatization program, if, when submitting an application to municipal authorities, the emergence of shared ownership is indicated. Family members can also choose joint ownership, when shares in the apartment can be allocated later by agreement between the residents, purchasing housing by civil contracts when several persons act on the side of the acquirer (purchase of an apartment on the primary or secondary real estate market, receipt of an apartment by gift, etc.), division of an apartment between former spouses in divorce proceedings, registration by heirs of rights to real estate left after the death of the owner.

When purchasing housing through paid transactions, citizens can immediately determine the size of the shares that will become their property. In other cases, an equal size of shares will be determined, which can subsequently be changed by agreement between the owners.

To confirm ownership of a share, citizens receive a title document - a certificate of title (issued until July 2016), an extract from the state register of the Unified State Register of Real Estate (USRN) (currently issued), a certificate of inheritance. These documents will be required for any legally significant actions, including re-registration of rights to a share in favor of relatives.

How to transfer a share in an apartment to a relative?

The law gives each owner of a share the opportunity to dispose of it at his own discretion. For this purpose, various paid and gratuitous transactions can be used. The owner of the share has the right to re-register it in the name of any persons, including relatives or other citizens.

Methods for re-registration of rights

concluding a paid purchase and sale agreement - the parties themselves determine the value of the share; before registering the agreement, it is necessary to follow the procedure for notifying other owners and certifying the agreement in a notary office; drawing up a deed of gift - the owner has the right to choose who to give the share to, and the requirement to notify the remaining owners does not apply, drawing up a testamentary form - the owner, during his lifetime, will indicate which of his relatives will be able to receive a share, an agreement on the redistribution of shares - in this case, the owners can significantly change the size of the shares at their discretion, but the entire share cannot be transferred.

For each of the options listed above, you must submit official document– contract, will, agreement, etc. To avoid mistakes and eliminate everything possible risks, it is advisable to entrust the preparation of documents to a professional real estate lawyer.

Any real estate transactions must be registered with the Rosreestr service. The only exception is the transfer of rights by will, since in this case the heirs will apply for registration after the death of the owner.

How to transfer a share to a relative under a purchase and sale agreement?

The owner of a share has the right to decide for himself under what conditions to transfer it to a relative - for a fee or free of charge. If a decision is made to transfer the share with payment of its value, a purchase and sale transaction is drawn up. To do this, you need to fulfill a number of mandatory conditions and take into account many nuances:

When drawing up an agreement for the sale of a share, you must notify all other apartment owners about the upcoming transaction. In this case, other shareholders have a pre-emptive right to purchase a share at the same price; if within a month other shareholders have not exercised the right of pre-emption, the transaction continues with the original buyer (a refusal to purchase a share can be issued earlier than a month), after compliance with the notification order, the contract for the sale of shares must be certified by a notary office. Among other things, the notary will check the fact of notification of other home owners; after proper notification and certification of the agreement by a notary, the parties can contact the registration service of Rosreestr and secure the transfer of ownership of the share.

Failure to comply with the notification procedure and certification of the contract in a notary office will be grounds for refusal of registration actions.

When selling a share to a relative, it does not matter whether he is one of the owners of the apartment. Execution of an agreement is allowed with persons who do not have rights to this housing. If the buyer is a relative who owns another share in the same apartment, the size of his share will be increased after registration of the agreement.

How to transfer a share to a relative under a deed of gift?

Most often, the transfer of a share in an apartment to a relative is carried out under the terms of a deed of gift. This is quite reasonable, because family and family relations, as a rule, provide for a confidential and gratuitous nature. The conclusion of such an agreement will be an absolutely legal transaction.

Donating a share between relatives is characterized by the following nuances:

the transaction is free of charge, i.e. does not provide for monetary remuneration or the provision of any services; under the terms of the contract, the donor may retain the right of residence in his part of the apartment; for donation, it is not necessary to notify other owners of the apartment, since such a requirement applies only to compensation agreements, contract must be certified by a notary office before applying for registration to the Rosreestr service.

If the agreement provides for the donor to live in part of the apartment, this is not considered a paid service.

Donating a share is a preferable option compared to selling or bequeathing. In this case, the relatives will not have to pay taxes, and the donor will see the result of the transaction during his lifetime (according to the terms of the will, the heirs will learn about the property transferred to them only after the death of the owner).

To properly document this condition of the contract, as well as other important points, seek the help of a lawyer when preparing for the transaction.

Transfer of a share by will

Drawing up a testamentary form allows the owner of a share to determine who will receive it after death. This does not require a notification procedure, since the terms of the will will remain secret until the death of the owner. Certification occurs by contacting a notary; without this, the order to transfer the share will be invalid.

It should also be taken into account that the will is subject to the rules on compulsory share. Even if a specific recipient of the property is indicated, a number of persons (for example, minor children) will be able to claim part of the inherited assets, and the share under the will may be reduced.

Procedure for processing documents

In order to register transactions of sale or donation of a share, relatives will not only have to comply with the above conditions, but also submit the following documents to the registration service of Rosreestr:

a completed application form for registration actions, civil passports and birth certificates (depending on the status of the parties to the agreement), a power of attorney for a representative, if the parties have chosen this option for transactions, title documents for residential premises (certificate of title, extract from the state register of the Unified State Register of Real Estate etc.), the original of the contract for the sale or donation of a share, certified by a notary office, documents confirming compliance with the notification procedure for the sale of a share, a payment order confirming the transfer of state duty in the amount of 2000 rubles.

After registration with the Rosreestr service, the new owner of the share will receive an extract from the Unified State Register and will be able to assume the rights of the owner.

To avoid complications and legally transfer the share in the apartment to a relative; all actions must be carried out with the help of a lawyer. By consulting our specialists by phone or via online chat, you will receive full legal support and assistance in preparing documents, as well as assistance in registering with Rosreestr.

Currently, shared ownership of an apartment is a fairly common phenomenon. Typically, residential premises come into common shared ownership on various legal grounds: through privatization, by inheritance, or under a purchase and sale agreement, you can purchase an apartment as shared ownership.

Relations between owners of shares in one apartment are regulated by the norms of the Civil Code of the Russian Federation on common property. It follows from these norms that “shared” owners (or “co-owners”) own, use and dispose of a “common” apartment by agreement among themselves. If there is no agreement between them, then any of them can go to court to protect their violated or disputed rights.

What's the best way to give away your share?

Any of the “shareholders” has the right to transfer their share in the ownership of the apartment to any person, including a relative of any degree of relationship. If this right is transferred by concluding a gift agreement, then the legislation does not contain any restrictions in this case. The parties sign the specified agreement, after which the transfer of ownership from the donor to the donee is subject to state registration in Rosreestr. This is where it all ends: one becomes the owner of a share of the apartment, the other ceases to be such.

Important! If the owner wants to sell his share, he can do so, but there are certain restrictions: the owners of the remaining shares in the ownership of this apartment have the right of first refusal.

That is, if they want to buy a share, they have an advantage over other buyers. The share must be sold to them (if there are several of them and everyone agrees to purchase, then they are all indicated in the purchase and sale agreement on the buyer’s side). The seller is obliged to notify the “co-owners” in writing of his intention to sell his share and indicate under what conditions he wishes to sell it, and also give them a period to respond - at least thirty days.

If he receives a positive answer, he must make a deal with them. If a refusal is received and in the case where there is no answer at all, the seller of the share can dispose of it at his own discretion. In the case when one of the “co-owners” wants to buy a share, there is no need to notify the others about the sale of the share.

The owner of the property can dispose of it at his own discretion, including transferring it to loved ones. But to ensure that ownership is not disputed, the transaction must be formalized correctly. How to transfer an apartment to a relative in 2019?

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The easiest way to transfer an apartment to a relative is to write a will in his favor. However, the disadvantage of this option is that the will may be challenged by other potential heirs.

All it takes is a slight failure to comply with the rules for drawing up a document, and the court will recognize the will as invalid or void.

In order for the owner to be sure that the housing will go to the person he has chosen, the transfer must be completed during his lifetime. How to correctly transfer an apartment to a relative in 2019 and which method is more profitable?

Basic information

In Russia, ownership of real estate is confirmed by a registration entry in the state register. That is, it is not enough to simply transfer your house or apartment to someone.

It is still necessary to properly re-register the change of ownership. Only after making the appropriate entry in Rosreestr does the new owner have the opportunity not only to own and use the property, but also to dispose of the property at his own discretion.

The owner can re-register his property to absolutely any person; family ties do not matter here.

Transferring an apartment to a relative is usually required in cases where the person is not too close a relative to inherit by law or there are other applicants besides him.

In addition, the owner of the apartment in such a situation is absolutely sure that the person he chose received the housing.

In addition, the seller pays sales tax, and the buyer can receive a tax refund on a portion of the costs.

An exchange assumes that people simply exchange housing. In this case, the transaction can be carried out as a simple exchange or exchange with an additional payment by one of the parties.

In a gift, the donee receives property without any payment or obligation. The apartment is transferred free of charge and unconditionally during the life of the donor.

The advantage of donation is that there is no taxation for close relatives. But all other recipients will have to pay.

Inheritance can occur by law or by will. In the first case, the closest relatives inherit in the order of priority determined by law.

In the second option, anyone can be the successor. The advantage of this method of transfer is that the apartment passes to the new owner only after the death of the donor, and the owner has the right to repeatedly change the circle of heirs.

In addition, there are other, not so popular ways to re-register an apartment in the name of a relative.

But where can I re-register an apartment in the name of a relative? Transaction agreements can be drawn up independently or with the participation of a notary.

But all types of alienation of housing or its share are subject to mandatory state registration in the manner prescribed by and.

The new owner's ownership rights arise from the moment of state registration. These are general norms concerning the alienation of an apartment.

But, in addition, depending on the type and characteristics of the transaction, other provisions may apply. Issues of payment of duties and taxes are regulated.

What is the best way to re-register an apartment in the name of a relative?

When planning to re-register an apartment in the name of a relative, you need to take into account some nuances regarding legal status potential owner real estate.

So, when re-registering housing for children, two options of alienation can be used - or inheritance.

To mention a child in a will, you do not need to ask his opinion legal representatives. The testator may, in principle, not inform anyone of his decision.

Ownership will pass to the child only upon the death of the donor. But in order to donate an apartment, a minor child will have to obtain the consent of his parents or those acting on behalf of the child.

When re-registering an apartment for an adult relative, it is necessary to take into account the degree of relationship. For example, close relatives will not have to pay tax on a gift transaction.

But in the absence of a close relationship, it is more profitable to register. Although the seller will have to pay sales tax, the buyer may receive .

When transferring an apartment to a spouse, you can register or leave your share under a will.

But no matter which method is chosen, it is important to formalize the transaction correctly so that it is not subsequently canceled or disputed.

It is necessary to collect a certain package of documents, including title documents and technical documentation BTI, and then correctly draw up the agreement corresponding to the transaction. How to transfer ownership of an apartment to a relative?

Donation agreement

A gift is a type of gratuitous transaction that involves the transfer of property to another person quickly and without claims of mutual benefit.

Moreover, the donor does not have the right to demand any payment or demand the fulfillment of any conditions.

If in exchange for a gift the donor receives material or intangible benefits, then the gift can be declared invalid through the court.

The parties to the transaction are the owner of the property (donor) and the recipient of the gift (donee). A special feature of concluding a transaction is the mandatory consent to accept the gift. If the donee is against the transaction, then the donation is impossible.

The transfer of a gift is formalized by drawing up a written gift agreement. It states:

• details of the parties (full name, passport details);
• subject of the transaction (object of donation);
• characteristics of the object;
• grounds of ownership;
• purpose of the transaction (donation);
• object;
• additional conditions (date of transfer of ownership, etc.);
• date and signatures of the parties.

The deed of gift is drawn up independently or with the participation of a notary. Next, the transaction is registered in Rosreestr. From the moment of registration, the donee becomes the owner of the apartment.

After completing the transaction, the buyer can apply for a property deduction.

Rent agreement

An annuity transaction can be a good alternative to both donation and purchase and sale. The benefit for the owner is that this type the transaction is reversible.

The owner can cancel, citing the party's failure to fulfill the agreed conditions.

The essence of the rent is that the recipient of the apartment undertakes to pay the owner periodic payments or provide certain services.

In return, after the death of the owner of the home, he receives the apartment as full ownership. In fact, the owner of the apartment becomes a dependent of the future owner for the rest of his life.

For outsiders, such a deal is quite unprofitable. Can for a long time pay rent, take care of the owner of the apartment, and then the deal will be canceled for failure to fulfill the conditions and it will not be possible to return the money spent.

However, annuity may be acceptable in cases where the owner is already dependent on a potential successor.

For example, an elderly woman lives with her son, who takes care of her. Of course, you can simply give your son a home, but no one knows what will happen in the future.

In this case, it is advisable to draw up an annuity agreement, stating in it the son’s obligation to care for his mother.

An annuity transaction is also subject to state registration. The apartment will be under rent until the death of the renter.

Barter agreement

An exchange transaction is appropriate when the owner of an apartment wants to transfer it to a relative, but he has no other housing. For example, my father has a large three-room apartment in which he lives alone.

At the same time, his son lives in a one-room apartment with his family and children. You can simply change places of residence, but the lack of ownership complicates situations where the presence of the owner is required.

As a result, the father and son enter into an exchange agreement, exchange housing and register the transfer of ownership of the housing.

The exchange agreement is drawn up according to the same structure as the DCT. The difference is that the two objects of the transaction are indicated and to whom which object is transferred.

Also in the payment section it is indicated whether the exchange is equal (without additional payments) or whether one of the parties must pay an additional amount.

For your information! The exchange transaction can only be carried out by the direct owners. In this case, exchange is impossible if at least one of the objects is under encumbrance.

Methods of transfer after the death of the owner

After the death of the owner of the apartment, property can be obtained by law or by law. In the first case, the first-degree heirs are the spouse, children and parents. They inherit the apartment, as well as other property, in equal shares.

If the testator wishes to leave his home to another person or a relative of another order, he needs to draw up a will in his favor.

However, there are nuances here:

Such persons have the right to receive 50% of the share due to them upon inheritance by law, regardless of the contents of the will.

What is the best way to be with part of the real estate (share)

There are often situations when the owner owns only a share of the property. For example, an apartment is jointly owned by spouses or privatized for all family members.

The procedure for transferring a share depends on the type of transaction. But, first of all, the important fact is that the disposal of shares is possible only with its complete identification.

You must first allocate a share and register it as belonging to a specific person in Rosreestr. That is, you can only dispose of part of the apartment located in.

When a share is purchased or sold, the transaction can only be completed with the consent of the other owners. At the same time it works.

Video: drawing up an apartment donation agreement

First, the owner of the share is obliged to offer a deal to the co-owners, and only if they refuse can a part of the apartment be sold to another person.

In addition, all transactions with shares of apartments are subject to mandatory notarization.

The notary is obliged to verify the consent of the remaining owners to the sale - on the basis of their personal statement or by providing documents confirming compliance with the pre-emptive purchase procedure.

But when making a gift or bequest, there is no need to ask the other owners. The owner of the share can transfer his property to whomever he sees fit.

Is it possible to carry out the procedure without taxes?

When choosing the option of transferring an apartment to a relative, it is important financial side question. How to make a deal with minimal costs, which is cheaper?

The donor who received the apartment as a gift must pay tax. But if he is a close relative, then he is exempt from taxation.

The tax is paid by the seller because he makes a profit. But if the apartment was owned for more than 5 years in 2019, then the owner is exempt from paying tax.

Probate is also tax-free. In this case, kinship affects the amount of the state duty paid to the notary upon entering into inheritance rights.

Regardless of the method of completing the transaction to transfer an apartment to a relative, the owner must remember that after state registration of the transfer of ownership in Rosreestr, he will lose all rights to housing.

Therefore, if there is even the slightest doubt about the feasibility of the transaction and good intentions relative, it is better to prefer a will. At the very least, the will can be corrected or even canceled at any time.

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