Apartment exchange agreement between minors


Exchange methods

house

General data for three legally correct options for exchanging relatives' shares are shown in the table. For each item there are certain rules established by the current legislation. When studying practical issues in detail, one should not violate the rights of other owners, and also not forget about fulfilling obligations to the state in the field of taxation.

Methods for exchanging shares of real estate between relatives in 2021: features and tax issue

Significant savings in money when donating is a strong argument in favor of donation. Another advantage is that there is no requirement to obtain the consent of other residents. However, it should be taken into account that only close relatives do not pay the tax: spouses, children, parents, grandparents, grandchildren, brothers and sisters. But these benefits do not apply to similar property registration, for example, between an uncle and a nephew. The general parameters of the other options are equivalent. Important details are provided in the following sections.

Responsibility of the Parties

5.1. Party 1 and Party 2 undertake to transfer to each other the objects exchanged under this agreement, free from any property rights and claims of third parties, in normal condition, suitable for living, with sanitary, electrical, gas, and other equipment, on the basis of a transfer deed, which is drawn up simultaneously with this agreement and is an annex to this agreement.

5.2. Maintenance and repair of residential premises acquired by Party 1 and Party 2 as property under this agreement is carried out by them at their own expense, the use of residential premises is carried out by Party 1 and Party 2, taking into account the rights and legitimate interests of citizens, neighbors, and requirements living in these residential premises fire safety, sanitary and hygienic, environmental and other legal requirements, as well as in accordance with the rules for the use of residential premises approved by the Government of the Russian Federation.

5.3. The responsibilities and rights of the Parties not provided for in this agreement are determined by the legislation of the Russian Federation.

7.1. Any of the Parties to this Agreement that has not fulfilled its obligations under the contract or has performed them improperly shall be liable for the above in the presence of guilt (intention or negligence).

We invite you to read the Written notice of termination of the apartment rental agreement

7.2. The absence of guilt for non-fulfillment or improper fulfillment of obligations under the contract is proven by the Party that violated the obligations.

7.3. In cases not provided for in this Agreement, liability is determined in accordance with the current legislation of the Russian Federation.

7.4. The parties are not liable under this Agreement if the violation of the terms is associated with force majeure circumstances (natural disasters, military actions of government agencies, etc.), the presence of which must be confirmed by [fill in as appropriate].

List of documents

Registration of the exchange of shares by relatives is completed by changing the entries in the Rosreestr database. To complete this procedure, the following documents are submitted through the Multifunctional Center:

  • an agreement between the parties with a detailed description of the essence of the transaction, technical parameters of the redistributed shares, addresses of real estate objects;
  • civil passports and other documents for personal identification;
  • marriage certificates, other evidence of family relationships;
  • a certificate from the Unified State Register containing information about the share distribution and the absence of encumbrances;
  • consent of the guardianship authorities to conduct a transaction to protect the rights of incapacitated or minor citizens (relatives, other owners);
  • passport of the property with technical data;
  • cash documents confirming payment of state duty at current rates.

In addition to the consent of the spouse, the other share owners will need to refuse to purchase the relevant parts - during purchase, sale and exchange. After changing the records with the exchange of shares by relatives in the state unified database, the new owners contact the management company and the homeowners’ association to adjust the accounts.

When choosing any method of related exchange, you should operate only with real estate objects that are equivalent in form of ownership. Housing is privatized in advance. It will not be possible to complete the transaction, for example, if one of the apartments is occupied by one of the parties under a social rental agreement.

What laws govern it?

Since this is a fairly common type of legal relationship between citizens, a separate article of the Civil Code under number 567 and the following chapter are devoted to it.

Unfortunately, there is no separate regulatory legal act that enshrines all the provisions relating to this type of legal relationship, so one has to be content with excerpts from the code.


In addition, explanations regarding the implementation of the agreement are given in another regulatory legal act.

They usually relate to the quantity and name of the product to be exchanged.

This normative act is an information letter of the Presidium of the Supreme Arbitration Court dated September 24, 2002, number 69.

Meanwhile, the source of law on the issue of exchange of shares can be judicial practice, which you can obtain on the electronic resource of the nearest district court and become familiar with the nuances of the exchange. The source of law from these cases is court decisions.

Read on our website about how to properly exchange a room in a communal apartment or hostel, as well as a two-room and three-room apartment.

Preemptive right of owners

To avoid challenging a real estate transaction in court, qualified preliminary preparation is needed. When exchanging and buying and selling from other owners, they obtain written consent to carry out the transaction, which is certified in a notary office according to the standard procedure. When contacting them, they are given detailed terms of sale (exchange of relatives' shares). The law provides for a month to receive a response. If it is not there, you can attract third-party buyers.

Methods for exchanging shares of real estate between relatives in 2021: features and tax issue

you can here.

When making a gift, there is no need to observe the pre-emptive right - you can immediately draw up an agreement.

For your information ! The rights of minors are protected by guardianship and trusteeship authorities. Without their consent, it is impossible to reduce the child’s share or dispose of maternity capital funds. The appropriate permission must be obtained to complete the transaction with the entry of new entries into the Rosreestr database.

Related exchange of apartments: paperwork and procedure for exchanging housing

Currently, the law provides for the right of a minor citizen to own real estate at absolutely any age.
Caring parents, trying to provide their offspring with living space, register apartments, houses and summer cottages for their children, and they can provide their baby with housing even from birth. The exchange of a privatized apartment does not have any special differences; the difference lies only in the title documents. It also no longer matters if the owners of both apartments are relatives. The exchange of apartments between relatives no longer has a preferential tax regime; the same rules apply to both parties, which apply to all citizens of the Russian Federation.

  • to the authorities of Rosreestr or the MFC at the location of the real estate objects - if there is an exchange of own apartments;
  • authorities for managing municipal property - if an exchange of municipal residential premises is carried out between two related families.

https://www.youtube.com/watch?v=https:tv.youtube.com

If citizens exchange residential properties that belong to them by right of ownership, the only grounds for refusal can be violations in the preparation of contracts. Owners have the right to independently dispose of their housing, and restrictions on this right can only be established by law.

If an agreement is concluded with a minor, then legal representatives in the form of guardians, parents or trustees must take part in it, and permission to conduct the transaction from the guardianship authority must also be submitted.

If there is an exchange of share for share, then each of the opponents must have all the necessary powers to alienate, and the other owners must give consent.

How to draw up an agreement for the exchange of a share in an apartment for an apartment? If we are talking about an exchange in a 1-room apartment, then the agreement most likely should include a condition for additional payment. If it is not there, then the other party is not obliged to comply with the oral condition.

Exchanging shares is not a complicated procedure at all. But it is only possible if all the necessary conditions are met.

If you find an error, please highlight a piece of text and press Ctrl Enter.

  • During the execution of the transaction, disparaging remarks were sent to the donor.
  • Law and order was disrupted, resulting in an unintentional criminal offense.
  • The donated living space is not used for its intended purpose.
  • Inaccurate information was found in the deed of gift.
  • The court declared the donor incompetent at the time of drawing up the contract.
  • The deal turned out to be fake. This means that the donor did not pursue the goal of a sincere desire to donate living space, but tried to avoid confiscation.
  1. If parents have issued a deed of gift for their minor child and then decided to sell it, it is impossible to complete the transaction before the owner of the living space comes of age.
  2. The donor cannot note in the deed of gift such a convention as an annuity agreement.

Olga - 2017-03-21 13:18:33 Hello, Olga! The peculiarity of the barter agreement is that its consideration is characterized not exclusively by money, but by commodity (in whole or in part) consideration. Using maternal (family) capital (hereinafter abbreviated as “MSC”), it is possible to repay a mortgage loan.

Hello, I have a question: I am the owner of a one-room apartment in equal shares with my minor son (1/2 for each), I was going to sell it, I already found buyers, signed an agreement and took a deposit, well, as usual, the preparation of all documents began, we went to the guardianship to find out what and how))) with us everything is strictly by appointment!

in the end we signed up, found out what documents were needed and with all these papers went for a conversation on the appointed day, the situation was this - they wanted the guardianship to give permission to do the following - my mother has an equivalent apartment only 5 floors higher and another plus she has repairs (i.e. move in and live, everything is there), and in my bare walls (new building) give him a share of only not 1/2, but 2/3 - more than there is, so to speak, so that they will certainly give permission, but we are in The guardianship authorities refused, citing the fact that the grandmother still has a share in this apartment and she can live, as it were, with us (i.e.

The rights to the apartment are transferred to the recipient immediately after registration in Rosreestr and delivery of the corresponding supporting paper (if, when drawing up the deed of gift, certain factors for the document to come into force were not indicated, for example, adults, marriage registration).

  • certificates of the right to dispose of the donated object;
  • technical passport for the object of donation;
  • personal documents of the parties that will be indicated in the deed of gift as the donor and the donee, people registered in the apartment;
  • power of attorney of a person representing the interests of one of the parties to the transaction;
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As for the sale of a share in an apartment where there is a share of a minor, the sequence of actions in this case is no different from the situation when the entire apartment is sold. The child must be provided with real estate in another location. At the same time, the conditions in the new apartment should be the same or better than in the old one.

According to paragraph 3 of Article 37 of the Code, a guardian, trustee, their spouses and close relatives do not have the right to enter into transactions with the ward, with the exception of transferring property to the ward as a gift or for free use, as well as to represent the ward when concluding transactions or conducting legal cases between the ward and the spouse guardian or trustee and their close relatives.

  • Russian Federation passports of parents or other documents proving their identity;
  • Passport or birth certificate of the child;
  • Documentary confirmation of the minor’s receipt of a share in another property;
  • A statement written by the parents in the presence of a guardianship officer or certified by him;
  • Certificate of ownership of the property being sold;
  • Notary's permission to conclude a transaction;
  • Extract of personal account of both residential premises
  • Extract from the house register
  • Certificate of purchase of a new home;
  • Receipt for payment of state duty.

Good afternoon. We received a housing subsidy from the city for 5 people. At the moment we are registering a preschool registration agreement. For each person 1/5 share in the apartment. The agreement involves me, my son - he is 17 years old, my brother and daughter - she is 3 years old, and one daughter of whose brother he is deprived of paternity, she is 16 years old (she will be 17 years old in March). We are purchasing an apartment in Korolev, Bolshevo microdistrict, 53.8 sq.m.

https://www.youtube.com/watch?v=ytadvertiseru

At the moment we live and are registered in Moscow in a 2-room apartment of 45 sq.m. There are 8 people registered in this apartment. 5 (we are the ones who received a subsidy in addition to this 2-room apartment), as well as my husband, mom and dad. The apartment is not privatized. After registration of the preschool education, the brother’s eldest daughter (16 years old), her mother’s legal guardian, promised to register her daughter with her on the square, as we felt that she was being discharged from the worst conditions to the best.

Then we get a dead end - we don’t know what to do and exchange shares so that the apartment in Korol remains with my son, and this two-room apartment in Moscow remains with my brother and daughter (3 years old) and mom and dad. The house in Korolev will be rented out in August 2021. Is it possible to do anything before taking ownership? Or what is the best thing to do and how can you bypass these taxes when exchanging?

Elena, Moscow

Exchange of shares with a minor

So you want to exchange the child’s share in your apartment for a share in the apartment that will be on a mortgage and which the bank can take away if you don’t pay off the loan for it. And then the child will be left with nothing. If the one-room apartment had simply been purchased, and not on credit, then the guardianship authorities would have given their consent.

You will appeal all the way to the Supreme Court, because this violates the owner’s right to dispose of property at his own discretion (in this case, his legal representative mother acts in the interests of the imperfect owner - improving his housing conditions: changing the share in the apartment, which includes several co-owners for a large share in a residential building, where there will be only two co-owners - a child and his mother), violating. right of advantage. redemption under Art. 250 Civil Code of the Russian Federation as a co-owner - grandmother.

  • ID card of each parent;
  • original and copy of a civil passport or certificate confirming the birth of a minor child;
  • documents confirming that the child will receive his share in the purchased apartment;
  • written statement from the seller;
  • documents on marriage or divorce of father and mother;
  • documents for the object of sale;
  • documents on ownership of living space;
  • consent to implementation, certified by a notary;
  • permission for the sale of housing by the child's trustees;
  • data on personal accounts of old and new housing;
  • information from house books of transaction objects;
  • confirmation of payment of state duty;
  • contract for the purchase of a new apartment.
  • The apartment is purchased in installments, while all residential property is sold at the same time;
  • When simultaneously concluding a transaction for the sale of an apartment and donating it;
  • The purchased housing is located in a building under construction, and the owners do not yet have rights to own this property;
  • The size of the property being purchased is smaller than that of the property being sold;
  • In the absence of appropriate living conditions in a given residential premises;
  • Lack of developed infrastructure.
  • A new apartment is purchased in installments, and the old ones are sold in full;
  • The transaction is carried out through sale and at the same time donation;
  • The object of purchase is a new building (the building has not been put into operation);
  • The new housing is smaller than the old one;
  • New housing has a smaller set of amenities than old housing (no running water, sewerage, etc.);
  • The new infrastructure is significantly worse than the previous one (there is no kindergarten or school).

In some cases, when parents do not intend to buy a new home after selling the old one, OOiP agree to open a personal account in the name of the child, where the amount from the sale of his share in the apartment will be transferred. The account is designed in such a way that only the child himself can receive money from it when he turns 18 years old.

  1. Contact the passport office with your child about writing the application required for discharge. The application form is issued in a specific form and will be given to you at the place of application. The completed form must be attached to the parent’s passport, the child’s passport (or birth certificate), as well as to the permission of the educational institution and the certificate of ownership of the child in the new home.
  2. Fill out the departure form, indicating the address of the child’s new place of residence.
  3. Wait for approval from the passport office (this usually takes several days).
  • when discharging a child, it is imperative to provide him with housing (or a share in it) of no less quality (including in area) than it was before the transaction;
  • it is necessary to obtain permission from the PLO, even if the plan is not to sell the apartment, but to temporarily transfer it for use to another person or persons.
  • the family moves abroad for permanent residence, and to achieve this goal it is necessary to sell real estate in Russia;
  • the family moves for permanent residence to another city or region of Russia with the pre-sale of the apartment, and the proceeds from the transaction are transferred to the child’s account;
  • the desired apartment is under construction - in this case, the minor registered at the old place must be registered in the intermediate version.

Purchase and sale

Two sets of documents in this category are drawn up and signed in triplicate for each property, certified by a notary office. Two - for the buyer and the seller. The third is transferred to Rosreestr. The main points for exchanging shares between relatives are as in a standard purchase and sale agreement. Correct descriptions required:

  • parties;
  • real estate object along with cost and technical parameters;
  • transaction procedures;
  • penalties and force majeure.

Methods for exchanging shares of real estate between relatives in 2021: features and tax issue

PrEP is available at this link.

What is it needed for?

An exchange agreement is an incredibly important act. It allows you to complete this transaction as quickly and competently as possible, avoiding unnecessary financial contributions .

As you know, the well-known purchase and sale transaction requires the payment of a tax from citizens participating in it in the amount of 13 percent .

Since the exchange is a two-way transaction, where each opponent acts as both a seller and a buyer, the tax would have to be paid twice, executing two sales transactions.

An agreement is also necessary in order to establish a new right of ownership of certain shares in the residential premises as quickly as possible. This document is drawn up much faster than transactions in other forms.

Also, an exchange agreement is a very functional act. It may specify various nuances, ranging from the fact of additional payment to the individual responsibilities of each party.

You can learn about the specifics of exchanging a room for a house and a plot of land, and vice versa, a private house or cottage for an apartment with an additional payment, as well as how to draw up an agreement to exchange an apartment for a house with a plot of land on our website.

Mena

A sample document is presented below. It is used to check the text during the process of formalizing the exchange of shares between relatives. To complete the standard procedure, one copy is sufficient, which is submitted to Rosreestr.

With the help of this agreement, it is possible to clarify the special procedure when both objects are not privatized. In this case, it is necessary to prepare the following documents for subsequent transfer to the local administration of municipal authorities:

  • civil passports of the parties;
  • existing social rental agreements with official permissions for the right to occupy a certain living space (orders);
  • certificates about the actual composition of families;
  • consent of other relatives (owners) to the corresponding exchange of shares;
  • standard consents of guardianship authorities (for minors and incapacitated family members, registered owners);
  • written confirmation of the absence of debt for utility services.

This method is convenient because the administration does not in any way check the equivalence of the objects of exchange of shares between relatives. Responsible employees check the correctness of completion and composition of the submitted documents, but do not pay attention to the financial component of the transaction. Valid calculations can be made without notifying government authorities. The fact of payment is confirmed by a receipt. For secure transactions with wire transfers and paper bills, you should use banking services - escrow account and safe deposit box, respectively.

The legal refusal of municipal authorities is permissible in the following cases:

  • the building (part of the premises) is unsuitable for habitation according to current building codes;
  • during the period of the transaction, major repairs or demolition of the house are planned (performed);
  • the property is registered under the “official” category, and therefore cannot be transferred to private ownership;
  • one of the participants in the exchange of shares suffers from a dangerous disease, sanitary standards prohibit (limit) contacts with others.

Methods for exchanging shares of real estate between relatives in 2021: features and tax issue

You can download the exchange agreement using this link.

Agreement for the exchange of apartment shares between close relatives

  • Address: St. Petersburg st. Komarova, 46/35.
  • General characteristics:
  • Floor – 4.
  • Number of rooms: two.
  • Ancillary premises: storage room, dressing room.
  • Area: 50 sq. m., including residential 38 sq. m.
  • The cost of the apartment is 3,100,000 (three million one hundred thousand) rubles.

At the time of concluding this agreement, the apartment located at the address: St. Petersburg, st. Fedorovskaya, 34/57, belongs to Party B by right of ownership, which is confirmed by the Certificate of Ownership issued in the name of Deringer Alla Markovna, series B-2 number 36475896757 dated February 13, 1990.

Gift deed

Two documents are notarized. In this case, there is no tax base and corresponding obligations to the state. Calculations are made during the exchange of shares according to a scheme convenient for relatives. Registration is completed according to the standard procedure by registering with Rosreestr.

Methods for exchanging shares of real estate between relatives in 2021: features and tax issue

You can download the deed of gift here.

Housing Consultant

As part of the agreement, any property rights that are not subject to encumbrances imposed by a court decision or order by other government bodies can be transferred. The parties become both seller and buyer at the same time, taking on a complex set of responsibilities. A special case in the law is considered to be when an apartment is transferred from one close relative to another. view and download a sample document here: [Sample exchange agreement].

  1. An application from each party to the transaction (if submitted simultaneously), which indicates the purchaser of the real estate and a link to the exchange agreement.
  2. Passports of the parties.
  3. A concluded agreement in which the object of the transaction and the parties are defined.
  4. Previously issued title documents certifying the legality of the transaction. These may include papers indicating previous transactions, transfers during privatization or inheritance.
  5. Cadastral passport , previously received from the BTI .
  6. Documents certifying the consent of third parties entitled to vote. These may include the consent of the spouse or the conclusion of the guardianship authority, certifying that the rights of the minor will not be violated.
  7. An extract from the state register, which characterizes the status and encumbrances of housing;
  8. Two (since exchange implies two entries within one contract) receipts for payment of state duty.

Notary, USRN, tax office

When choosing any of the options, the transfer of shared ownership is formalized through a notary office. Additional authentication of documents and confirmation of the legal capacity of the participants will prevent unnecessary problems during the consideration of the legality of the transaction in court.

After signing the certified agreement, they begin to register new rights independently (through the regional MFC), or entrust the procedure to a notary. Rosreestr will not complete the registration procedure if errors are found when registering the exchange of shares between relatives. Refusal will be received if there are prohibitions and encumbrances. To ensure that there are no limiting factors, you can receive a detailed certificate upon a standard request. Only after creating a new entry in the Unified State Register of Real Estate database, a real estate transaction is considered fully completed.

Tax on income received during the transaction is paid if relatives wish to exchange shares in apartments even with a slight difference in value. This obligation is absent if the property has been owned for less than three (five) years with registration of ownership rights before (after) 01/01/2016, respectively. The completed declaration in standard form is submitted no later than April 30. next spring after one year of completion of this operation. Tax payments can be made until July 15 inclusive.

For your information! When submitting documents for state registration to the Unified State Register of Taxes, a check is carried out to ensure that there are no tax arrears. The obligations noted above should be fulfilled before the deadlines expire so as not to delay the full completion of the transaction.

Related exchange of apartments: paperwork and procedure for exchanging housing

3. A guardian, trustee, their spouses and close relatives do not have the right to enter into transactions with the ward, with the exception of transferring property to the ward as a gift or for free use, as well as to represent the ward when concluding transactions or conducting legal cases between the ward and the spouse of the guardian or trustee and their close relatives.

I read that 14, then the parent takes full part in the transaction. It is precisely stated in the contract that in exchange he transfers 1/4, and he retains 3/4. So that he has a different testimony. Ownership is only shared, joint ownership is impossible here. The cost is indicated in any case, but additional payments will not be indicated either.

If you want to exchange part in one apartment for part in another, you must obtain the consent of both the other owners and the other. It is also necessary to clarify the fact of the extent to which part of the real estate is provided. They must be proportionate.

  • documents establishing the right to own the alienated part of the living space. For example, these include documents confirming rights as an owner;
  • document extract from the BTI;
  • documents confirming the fact that the owners agree to your manipulations;
  • extract from the house register;
  • an extract from Rosreestr stating that you are indeed the owner of part of the property.
  • 2. The guardian does not have the right, without the prior permission of the guardianship and trusteeship body, to carry out, and the trustee does not have the right to consent to, transactions involving the alienation, including the exchange or donation of the ward’s property, leasing it (lease), for free use or as a pledge, transactions , entailing the renunciation of the rights belonging to the ward, the division of his property or the allocation of shares from it, as well as any other actions entailing a decrease in the property of the ward.

    1. The guardian or trustee manages the income of the ward, including income due to the ward from the management of his property, with the exception of income that the ward has the right to dispose of independently, exclusively in the interests of the ward and with the prior permission of the guardianship and trusteeship authority.

    Amounts of alimony, pensions, benefits, compensation for harm to health and harm incurred in the event of the death of the breadwinner, as well as other funds paid for the maintenance of the ward, with the exception of income that the ward has the right to dispose of independently, are subject to credit to a separate nominal account opened by the guardian or trustee in in accordance with Chapter 45 of this Code, and are spent by the guardian or trustee without the prior permission of the guardianship and trusteeship authority.

    The guardian or trustee provides a report on the expenditure of amounts credited to a separate nominal account in the manner established by the Federal Law “On Guardianship and Trusteeship”. Cases in which the guardian has the right not to provide a report on the expenditure of amounts credited to a separate nominal account are established by the Federal Law “On Guardianship and Trusteeship”.

  1. Under a purchase and sale agreement, one party (seller) undertakes to transfer the property (goods) to the other party (buyer), and the buyer undertakes to accept this product and pay a certain amount of money (price) for it.
  2. The provisions provided for in this paragraph apply to the purchase and sale of securities and currency values, unless special rules for their purchase and sale are established by law.
  3. In cases provided for by this Code or other law, the specifics of the purchase and sale of certain types of goods are determined by laws and other legal acts.
  4. The provisions provided for in this paragraph apply to the sale of property rights, unless otherwise follows from the content or nature of these rights.
  5. For certain types of sales contracts (retail purchase and sale, supply of goods, supply of goods for government needs, contracting, energy supply, sale of real estate, sale of an enterprise), the provisions provided for in this paragraph apply, unless otherwise provided by the rules of this Code on these types contracts.

https://www.youtube.com/watch?v=ytpolicyandsafetyru

You can also use a realtor. So, he can buy the option of interest, the owner of which is not interested in exchanging, and wait until you sell your part of the property. After this, buy the desired property from the realtor, paying a fee for assistance.

There are two statutory methods of exchange. The first of them involves a simple exchange. It is carried out through the conclusion of an appropriate agreement. In this document, the parties state their rights and obligations, and also reflect such an important point as surcharge (read about the exchange agreement with surcharge), if any.

How is the exchange of an apartment for a part in a residential area carried out? In such a transaction, you require an additional payment. It will depend on many factors, which include both repairs and the condition of the housing as a whole, and its location. An important factor is the size of the property.

  • the transaction was completed in violation of the law,
  • negligence of the recipient, which will lead to loss or significant damage to the donated property,
  • intentional or significant deterioration of the donor's living conditions or well-being,
  • violation of the rights of a minor when concluding a transaction.
  • If the object of the gift is a car, then the procedure is no different from donating real estate to minors. The child becomes the owner of the vehicle, but only adults can drive the car. The costs of paying taxes and fees for motor vehicles are borne by the legal representatives of the minor.

    • It is not allowed to draw up and enter into agreements on behalf of a minor child or an incapacitated person with the participation of a legal representative.
    • It is impossible to draw up a gift agreement with a minor child if his representative is employees of the social sphere, educational and medical institutions.

    So, the execution of a contract for donating a share of an apartment to a minor takes place with the participation of his adult guardian. Basically, it can be the mother or father. In cases where the guardian is not a relative, the agreement is subject to taxation. The tax on the donated part of the apartment is subject to payment by the guardian of the minor child.

    In order to talk about clauses of agreement, it is necessary to understand what meaning is meant by this term.

    A barter agreement is an act, an agreement between the parties, and therefore is bilateral in nature.

    In accordance with it, each party transfers a specific movable or immovable thing into the direct ownership of the other person.

    The document has a number of nuances. For example, each party is automatically both a seller and a buyer.

    Sample agreement for the exchange of shares in an apartment between close relatives.

    Sample agreement for the exchange of shares in an apartment with a minor.

    Agreement for exchanging shares in an apartment for an apartment sample.

    You can learn about whether it is possible to exchange mortgaged housing and how to carry out a forced exchange through the court from our articles.

    You can also use a realtor. So, he can buy the option you are interested in, the owner of which is not interested in exchanging, and wait until you sell your share in the apartment. After this, you will buy the desired property from the realtor, paying a fee for assistance.

    - in the following order: Party 1 transfers the property to Party 2 within the following period: “___”__________ ____ at the following address: ____________________ Party 2 transfers the property to Party 1 within the following period: “___”__________ ____ at the following address: ____________________.

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