How to give an apartment to children - in equal shares, algorithm, template

Many people are interested in the question of how to donate an apartment to children and carry out the procedure on favorable terms for both parties. In this case, it is possible to draw up a deed of gift with a gratuitous transfer of property, which provides the recipient with a guarantee of ownership and disposal of the acquired property.

How to give real estate to children

When considering the question of how to gift an apartment to children that is in common shared ownership, it is necessary to draw up a gift agreement subject to certain conditions:

the document is drawn up only in writing, as it confirms the transfer of the relevant property on legal terms;
the transfer of ownership from the donor to the recipient requires mandatory registration with Rosreestr;
Rosreestr registers the ownership of the recipient and issues an extract from the Unified State Register, which confirms the completion of this procedure.

Execution of the document in writing is necessary to confirm the transaction (transfer of property to a close relative). The deed of gift is the basis for registering the property rights of the new owner in Rosreestr.

Interesting video: Drawing up an apartment donation agreement

If, when re-registering property rights, there is no gift agreement, then this procedure cannot be carried out, since it is the gift agreement that determines the gratuitous transfer of property from the donor to the recipient.

Donation agreement for 1/2 share of an apartment (Sample)

To the question of whether it is possible to give a share in an apartment to a minor, the current legislation answers positively. A gift agreement is the most optimal way of re-registration, since it eliminates unnecessary payments to the budget. On the other hand, the donation of a share must be certified by a notary, which entails additional costs for the parties to the agreement.

In addition, it is necessary to register all unnecessary persons who are registered on the property. The future owner may refuse to register the transaction if the apartment is encumbered. If the owner of the property does not intend to register all of its territory, this issue should also be discussed with the future owner of the premises.

Note that if the BTI evaluates, then the cost should not be lower or higher than 20% of the market value ().

We would also like to note that the gift agreement does not provide for tax deductions. If you do not want to pay tax, then we advise you to consider the issue of buying and selling an apartment, instead of donating (for which you will make a tax deduction -), in which you will describe the issue of paying the tax not by the seller, but by the buyer (donee) for (instead of) the seller. For example, an apartment costs 1,400,000 - 1,000,000 = 400,000 * 13% = 52,000 rubles.

a significant difference than paying 13% tax on the amount of 1,400,000 (RUB 182,000 payable in the case of a gift). Based on this, the apartment donation agreement (deed of gift for the apartment) is drawn up in simple written form, and the fact of transfer of ownership is subject to state registration in Rosreestr (not to be confused with the registration of the agreement itself). The transaction to donate an apartment will be recognized as valid, and the contract concluded, only after passing the state.

registration of donated real estate. Let us add that the gift agreement does not require mandatory notarization.

Even if at the time of donation of the apartment, the recipient was married, then in case of divorce, based on , any property (incl.

apartment), received as a gift or by inheritance, or through other gratuitous transactions, is his property, i.e. is not jointly owned and is not subject to division between spouses, unless he proves that he has invested his own funds in the property, for example - expensive repairs, we emphasize that this still needs to be proven in court.

In accordance with the apartment refers to indivisible things, i.e. It is impossible to donate a separate room in an apartment.

For this reason, a donation agreement for a share in the apartment is drawn up, be it 1/2 (half) or 1/3 (third) of the entire apartment.

At the same time, rooms are not assigned to specific owners.

But if you still want to secure the right to one of the rooms or determine the mode of use of common amenities, then you will have to enter into an agreement with the other owners of the apartment. The following articles are useful to know:

— Division of property in shared ownership and allocation of a share from it;
— Preemptive right to an indivisible thing when dividing an inheritance;

Concluding a gift agreement with minors has its own nuances. Minors are divided into two groups: children (minors) under 14 years of age, and minors aged 14 to 18 years.

Children belonging to the first group under 14 years of age can receive an apartment, BUT a parent or guardian will represent their interests and sign the agreement. Minors between the ages of 14 and 18 can sign apartment donation agreements themselves (deed of gift for an apartment), BUT there must be a separate notarized consent for such a transaction from a parent or guardian. Donating an apartment is not allowed in the following cases:

on behalf of minors and citizens declared incompetent, their legal representatives;
employees of educational organizations, medical

The choice is a personal matter for the parties to the transaction. To make an informed decision regarding the choice of one of the design methods, let’s consider them in more detail.

If you choose the first path, you will have to draw up a written gift agreement yourself.

Please note that this document must contain the following information:

passport details of the parties to the agreement;
information about all family members who are registered in the apartment that is the subject of the agreement.
Last name First name Patronymic of the persons participating in the transaction;
the exact address of the property being alienated, as well as information from the housing cadastral passport;
all information about the document that confirms the donor’s ownership;

You can view and download a current sample of a gift agreement. After compiling it, you should go to the local department of Rosreestr or to the multifunctional center (MFC) in order to go through the registration procedure for accepting all documents in accordance with Art.

574 Civil Code of the Russian Federation. You will have to receive a certificate of ownership of your daughter where the documents were submitted on the basis of a receipt of acceptance issued by the registrar.

According to the procedure, registration begins immediately after submitting the appropriate application along with a package of documents:

if the apartment was purchased during marriage, the donor will additionally need to have it certified by a notary.
cadastral documentation of housing;
a document confirming that the apartment is the property of the donor;
an extract about the persons registered in the alienated home;
applicants' passports;
directly the application for registration;
a certificate stating that the donor has no arrears in payments to the housing and communal services and the Federal Tax Service;
the contract itself (3 copies);
receipt of payment of duty;

Within ten days, the registration authority verifies the accuracy and legality of the documents you submitted, enters new information into the Unified State Register, and certifies new title documents with signatures and a seal.

Procedure for completing the procedure

The donor transfers real estate or a share of ownership by drawing up the relevant document in writing.

When transferring an apartment to your own child, the contract can be drawn up according to the proposed template, indicating all the necessary details. If you have doubts about the correctness of the registration, you should contact a qualified lawyer.

If the apartment is in shared ownership, then the registration of a deed of gift is considered a notarial transaction and requires the presence of a notary.

The transfer of property jointly owned by several persons implies the fulfillment of certain conditions:

the contract is drawn up by a notary when registering a share of real estate;
the entire apartment is drawn up according to a template document and can also be certified by a notary at the request of the client.

The cost of signing such transactions in a notary office is quite high and ranges from 8,000–10,000 thousand rubles, depending on the location of the organization and the qualifications of the specialist.

Features and form of a gift agreement for children

According to Art. 572 of the Civil Code of the Russian Federation, donation is a gratuitous transaction where the donor transfers property to the donee. If the gift is made to a son or daughter who is in an official marriage, in the event of division he will not participate, because belongs exclusively to the donee - the second spouse has no right to claim it (Article 36 of the RF IC).

The gift to the child is made orally or in writing, depending on the situation (Article 574 of the Civil Code of the Russian Federation):

written form is required when transferring real estate as a gift, drawing up an agreement promising to donate in the future, alienation of property worth more than 3,000 rubles. on behalf of a legal entity;
an oral form is sufficient for the transfer of movable property: money, jewelry, household appliances, etc.

Important! According to Art. 26 of the Civil Code of the Russian Federation, a child from 14 to 18 years of age has the right to sign the gift agreement (hereinafter referred to as the DD) independently. Before the specified age, a parent or other legal representative must sign. Based on Letter No. 2664/06-08 of the Federal Notary Chamber dated June 21, 2017, the only parent-donor has the right to represent the interests of the child when making a gift independently, acting simultaneously on both sides. Involving a third party (guardianship specialist) has no legal meaning.

The consent of the guardianship authorities is not required: it is only necessary when alienating the property of a minor. When donated, his property status improves. If a parent who wishes to donate property is declared incompetent, the donation is prohibited (Article 575 of the Civil Code of the Russian Federation). There is no point in applying to guardianship - permission for the transaction will not be issued.

Legal advice: if a mother or father gives a child real estate acquired during marriage, the notarized consent of the second parent will be required (Article 35 of the RF IC). The rule concerns transactions subject to state registration. In other cases, written consent is not required by law, but it is better to obtain it in order to avoid possible disputes and disagreements.

Elena Plokhuta

Lawyer, website author (Civil law, 7 years of experience)

Before signing the housing deed, spouses must allocate shares, because by default, they have equal rights to common property, and they cannot do without allocation. An alternative option is a gift of real estate by both spouses: in this case, it is not necessary to allocate shares.

Complete the survey and a lawyer will share a plan of action for a gift agreement in your case for free.

Self-drafting of the document

Drawing up a deed of gift without a notary is not very expensive. Filling out a document according to the provided template will cost 300 rubles. The amount of state duty for registering ownership of the full area of an apartment is 2,000 thousand rubles. The cost of drawing up a document for shared ownership is proportional to the amount of the part of the property, but not less than 2000 rubles.

When issuing a gift deed, recommendations are provided for registering property rights and the necessary package of documents for their preparation. Features of compilation:

the legality of the transactions carried out is regulated by the Insurance Code, the Civil Code of the Russian Federation and Federal Law 218 “On State Registration of Real Estate”;
the document is drawn up only in writing;
an act of acceptance and transfer of property is not drawn up, since the apartment is given free of charge as a gift;
the agreement does not require notarization by a notary, provided that the owner is the sole owner or both spouses, on the basis of common ownership in equal shares of property, transfer the property to their children;
a deed of gift is an unconditional basis for registering the property rights of the recipient with the relevant authorities (Rosreestr);
the donor or donors must submit a corresponding application to Rosreestr to transfer the right of ownership of property to the recipient;
the recipient must also submit an application for registration of ownership under the drawn up gift deed;
when making a transaction by minor children under the age of 14, their interests must be represented by official guardians, adoptive parents, and parents;
upon reaching 14 years of age, the child receives the right to sign and express his will, subject to the presence of legal representatives at the time of the transaction.

Necessary documents for Rosreestr and MFC

Registration of the procedure requires the provision of a certain package of documents:

ID cards of all participating parties aged 14 years or older;
copies and originals of children's birth certificates;
the required number of copies of the gift agreement in accordance with the number of participants and the preparation of one copy for Rosreestr;
real estate documents (confirmation of ownership, purchase and sale agreement, court decision, administrative order);
correctly drawn up statements from all parties to the transaction;
receipts for payment of assigned state duties.

Registration of a deed of gift for children in shared ownership

The procedure for drawing up a gift agreement for children in shared ownership has its own nuances, since in most cases signing the document requires the presence of a notary.

Therefore, when drawing up a document, it is necessary to contact a notary office and mandatory certification of the document in accordance with the legal norms of the current legislation of the Russian Federation. If the alienation of real estate was carried out without a notary, then such a transaction is considered invalid and can easily be challenged in court.

Agreement on donating shares to children using maternity capital

The measure of state support in the form of maternal capital is very significant for families, but one of the important points is that the parent who has received the certificate and wants to use it to purchase real estate must draw up a notarized obligation to allocate shares to the spouse and children.

The shares must be allocated within six months after the transfer of funds by the Pension Fund in favor of the seller. To transfer them, a gift agreement is often used if a marriage contract has been concluded between the spouses or the property is already in shared ownership.

Important! When using maternity capital to purchase an apartment, shares will have to be allocated to the spouse and children, even if a marriage contract has been drawn up, according to which the property belongs to the woman alone.

Are you tired of reading? We’ll tell you over the phone and answer your questions.

Participation of children in drawing up a gift agreement

The conditions for the participation of children in drawing up a gift deed are discussed in more detail in the list below:

children over the age of 14 must have a valid passport, since in the absence of a document, the procedure is impossible;
if you have a valid passport and are over 14 years old, the child independently signs the contract, submits an application for registration of property rights and pays the state fee under the supervision of a legal representative;
children under 14 years of age must have a legal representative who is their authorized representative and performs all necessary actions (parent, guardian, adoptive parent).

Advantages and disadvantages of donating an apartment to a minor child

Drawing up a deed of gift for a minor child has its advantages, which are discussed in detail in the list below:

the procedure has a simplified design algorithm;
the contract does not require mandatory certification by a notary (with the exception of alienation of shared ownership);
eliminating the risk of fraudulent schemes when concluding an agreement with third parties;
eliminating the risk of a possible seizure of the apartment (bailiff claims against parents, as former homeowners);
no need to advance the transaction and carry out other operations using funds.

However, this procedure also has some disadvantages:

a minor child becomes the owner of the property, therefore all real estate transactions must be carried out only with the permission of the guardianship authorities until the age of majority (18 years);
the previous owner completely loses his rights to the property, although in fact he is the child’s parent;
the need to pay a tax of 13% when certain circumstances arise;
the risk of the concluded transaction being declared invalid during legal proceedings;
mandatory payment of state duties in appropriate amounts.

Challenging a gift agreement for children

The contract is disputed on the grounds provided for in Art. 578 of the Civil Code of the Russian Federation and other laws. You can't just cancel the deal.

Donors have the right to demand cancellation in several situations:

the donee has committed a crime against health and life, or against his relatives;
careless handling of property by the donee that is of non-property value to the former owner, in the presence of a risk of irretrievable loss;
drawing up a deed of gift under the influence of blackmail, threats, misconceptions about the nature of the transaction.

The heirs of the donor can challenge the DD if he died due to the fault of the donee. Creditors of the former owner can also demand cancellation of the agreement if he purchased the donated property with funds from his business and executed a deed of gift less than six months after the court made a decision on his bankruptcy.

Important! The contract may provide for the possibility of cancellation in the event of the death of the donee before the donor. In this case, the property is returned. Otherwise, the heirs of the donee will not be able to claim the property. If the donor dies and a contract of promise of gift has been drawn up, the obligations pass to the legal successors, the DD must be fulfilled (Article 581 of the Civil Code of the Russian Federation).

Deadlines for registering property rights and a sample document

The time frame for registering property rights under a gift deed is 7 working days. If the procedure is completed through the MFC or the State Services portal, an extension of 3–4 days is possible.

A sample gift agreement is presented below.

AGREEMENT

donating a share of an apartment

Russian Federation, Tyumen region, city ___________

Tenth of June two thousand fourteen

We, born March 196__, place of birth: Tyumen, passport 71 05 No. 409____, issued by the Department of Internal Affairs of the Lenin Autonomous District of the city _________, April 19, 2006, subdivision code 7____-001, registered at the address: ______________ -, st. Shirotnaya, d. ______, apt. 51 and

gr. ____________, ____ December 197___ year of birth, place of birth: _________, passport 71 10 No. 823___, issued by Department No. 1 of the Federal Migration Service of Russia for the _______________ region on December 16, 2010, department code 720-001, Registered at the address: __________, st. . Shirotnaya, d.____, apt. 51, hereinafter referred to as Donors, on the one hand and,

gr. _______________, ___ January 199_ year of birth, place of birth _________, passport 71 10 No. 836___, issued by the department of the Federal Migration Service of Russia for the ________________ region in the Leninsky Autonomous District of the city. __________, _________ February 2011, division code 7___-001, registered at the address: ______, st. Shirotnaya, d. _____, apt. 51, acting with the consent of his mother _______________ and

gr. _______________, ____ April 2011 of birth, place of birth __________, birth certificate 1-FR No. 841___, dated __ April 2011, issued by the Central Civil Registry Department of the Civil Registry Committee of the administration of the city ________, registered at the address: ________________, st. Latitudinal _____________, sq. 51, represented by the legal representative - the mother of ____________________, hereinafter referred to as the Donees, on the other hand, collectively referred to as the “Parties”

Being of sound mind and sound memory, acting voluntarily, we have entered into this agreement as follows:

1. I, ____________________, from my 1/2 (2/4) share in the right of common shared ownership of the apartment located at the address: Tyumen, st. Shirotnaya, d._____________, apt. 51, donated 1/4 share in the right of common shared property to his daughter __________________________, on whose behalf and in whose interests the mother, ____________________, acts.

I, ______________________, from my 1/2 (2/4) share in the right of common shared ownership of the apartment located at the address: __________________, st. Shirotnaya, ______________________, apt. 51, gave 1/4 share in the ownership of the apartment to her son ___________________________.

The above apartment consists of four rooms with a total area of 73 sq.m., located on the fifth floor of an apartment building.

2. The specified apartment belongs to the Donors on the basis of the Agreement on the allocation of shares dated 05/08/2014, which is confirmed by Certificates of state registration of rights, forms 72 NM No. 774_____, 774_____, dated May 28, 201____, issued by the Office of the Federal Service for State Registration, Cadastre and cartography in the ______________ region, about which registration entry No. 72-72-01/193/2014-____ was made in the Unified State Register of Rights to Real Estate and Transactions with It on May 28, 2014. 3. __________________ and ____________________, on behalf of and in whose interests the mother acts, receive the indicated shares in property rights as a gift from.

4. The right to a 1/4 share of each of the parties to the transaction, in the right of common shared ownership of the above-mentioned Real Estate, arises for the citizen ____________, _______________________, ______________________ and ___________________________ from the moment of state registration of the transfer of ownership in the Office of the Federal Service for State Registration, Cadastre and Cartography in the Tyumen region.

5. Donors guarantee that they are not entering into this agreement due to a combination of difficult circumstances on extremely unfavorable terms for themselves and this agreement is not an enslaving deal for them.

6. The specified shares in the ownership right are transferred as a gift free from residence to third parties who, in accordance with the law, have the right to use this apartment.

7. The donors guarantee that before the signing of this agreement, the specified shares in the ownership right have not been sold to anyone else, not donated, not pledged, not encumbered with the rights of third parties, and are not in dispute or under arrest (ban).

8. This agreement has been read aloud and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes and renders null and void all other obligations or representations that may have been accepted or made by the parties, whether oral or written, prior to the execution of this agreement.

9. This agreement is drawn up in five copies, one of which is kept in the files of the Office of the Federal Service for State Registration, Cadastre and Cartography for the ______________________________ region, and a copy is issued to the Parties.

Donor_____________________________________________________________________

Endorsed_________________________________________________________________________

acting with the consent of the mother ______________________________

The endorsed_______________________________________________________________acting on behalf and in the interests of his minor child ___________________

Interesting video: Donation agreement for a share of an apartment

Sample contract for donating an apartment to mother and daughter 2021

The first party (Donor) transfers the share in the apartment to the second (Done) without any reciprocal actions.

The donor can be any legally capable person who has reached the age of 14.

Design algorithm:

Date of signing the agreement, place of transaction.
Details of the parties: full name, residential address, passport details, place and date of birth.
Information about the subject of the agreement for donation of a share of the apartment: size, location of the apartment, total number of rooms, living space.
Data about citizens who are registered in this area.
Details of documents confirming ownership of the share.
Inventory price of the gift.
Rights and obligations.
Date of transfer of ownership.
The procedure for covering the costs of completing a transaction.

The document must be in writing. Notarization of the donation agreement for a share in the apartment is also required. Then registration at the Rosreestr branch.

The application is submitted to the Rosreestr branch at the address of the property. To register the agreement, the ownership right must be transferred from the Donor to the Donee.

You will need to register the following documentation:

application for registration of transfer of ownership to the Donee;
application for registration of property rights;
the original agreement for donating a share of the apartment to a relative;
certificate of the Donor's right;
passports of the parties to the agreement;
extract from the house register;
cadastral passport;
written consent of the Donor's spouse to complete the transaction, which is certified by a notary.

Difficulties may arise if the property is pledged or a rental agreement has been concluded. In the first case, it is necessary to obtain the consent of the mortgagee, and in the second, the consent of the annuity recipient.

When concluding such a transaction in 2021, the Donor does not need to obtain the consent of the co-owners of the residential premises.

When transferring rights, you will need notarization of the donation agreement for the share of the apartment. To donate the entire apartment, you can go to a notary, but this is not at all a prerequisite.

What should you consider before executing a gift agreement for a minor family member?

If the child has not reached the age of 14, the document will be signed by his legal representative on the one hand and the Donor on the other.
If the child is between 14 and 18 years old, then he acts independently, but with the consent of his legal representative (parent or guardian).

In the case of a minor Donee, the same document is drawn up as in standard examples.

The deed of gift is signed free of charge (without conditions).

In some cases, the Donor may cancel or challenge the gift agreement.

Is it possible to cancel or refuse a deed of gift?

Refusal of a deed of gift is possible in the absence of a signature of the relevant document. If the paper already has legal force, then it is necessary to file a claim in court indicating a request to recognize the concluded transaction as invalid.

Such a claim can be filed by all interested parties who believe that the procedure was carried out illegally and can be challenged in court.

The main reasons for canceling a gift deed

Possible reasons for terminating the concluded contract:

non-compliance of the contract with established legal norms;
failure to respect the interests of other stakeholders;
the apartment is under encumbrance or pledged;
signing a gift agreement under pressure and threats;
inadequate state of the donor at the time of signing the document (alcohol, drug intoxication);
criminal actions of the donee against the donor.