Often, modern people are interested in the procedure for giving an apartment to a minor child. Can it be held? And if so, what is needed for this? Below you can find answers to all your questions. A detailed instruction on the preparation and execution of a gift agreement for a minor is presented to your attention. In reality, this process is not as difficult as it seems. But for its implementation will have to try!
Gift opportunity
Can I give an apartment to a minor child? Or is this operation available only to adult citizens?
A gift is a form of transfer of property from one owner to another during the life of the donor. At the same time, anyone can be the owner of the gift, including children.
Accordingly, a gift certificate for an apartment can be issued with the participation of children. But with some features. We will talk about them later!
Gratuitousness
The operation under study has many advantages. Especially for underage recipients.
It is important to understand that donating an apartment to a minor child is free of charge. In the future, parents or other donors cannot demand from the adult recipient any benefits for the gift.
If such requirements arise, you can go to court to protect your interests. In addition, a deed of gift may be terminated. But doing so is not recommended. Parents, filling out a deed of gift for the child, should understand that the child does not owe them anything for such a deal.
The Benefits of Giving
Giving an apartment to a minor child has several advantages. Which ones? What distinguishes gift in practice?
Among the special positive aspects of the donation agreement for an apartment to a minor are:
- Inability to rewrite agreement. A deed of gift that has entered into force cannot be subject to changes and adjustments.
- After the donor’s death, not one of the direct heirs will be able to claim the property drawn up under the contract. A deed of gift is drawn up for a specific person and recognized as his property.
- Stimulating the recipient of the property to certain measures of behavior that do not violate applicable law. In terms of receiving an apartment under a gift agreement, different points may be indicated. For example, marriage or higher education. But such an agreement is regarded as a gift with a burden.
- It is impossible to cancel a deal unilaterally. That is, the deed of gift is allowed to be canceled only in court if there are good reasons. Or you can issue a cancellation of the agreement by agreement with the recipient.
Thus, the presence of a child’s gift for an apartment gives certain guarantees that a minor will have housing for which no one is applying. Neither parents, nor brothers, nor sisters, nor anyone else.
About the content
How does giving an apartment to a minor child occur? We will consider a sample of the corresponding agreement a little later. And before that, we’ll decide how to make a gift.
It must be submitted in writing. The following features are written in the text of the agreement:
- information about the object of donation;
- address where the property is located;
- size of living space;
- floor of the apartment;
- the presence and number of balconies;
- burden data;
- terms of termination of the agreement.
In principle, the contract does not have any significant features. To compose it is no more difficult than the usual gift.
Transaction costs
How much does giving an apartment to a minor child cost? It all depends on the cost of housing and on who the child is in relation to the donor.
In Russia, upon receipt of gifts, citizens are required to pay a tax (PIT) in the amount of 13% of the price of the received object. Such a rule does not apply to close relatives - parents, children, spouses, grandparents, grandchildren. They do not pay taxes.
You will also have to pay for notary services. They depend on the price of the property. Usually 0.5% of the cost is charged, but not more than 20,000 rubles.
State duty for the operation also takes place. An agreement on donating a share of an apartment to a minor child, as well as the entire housing, will cost at least 1,000 rubles. A more accurate amount of state duty must be specified annually in each region.
Additional costs may come in handy in the manufacture of certain papers. For example, obtaining a technical assessment of housing costs from 2,500 rubles. But in general, when donating property to close relatives, the cost of the gift will be minimal.
About shares
Is it possible to draw up an agreement on donating a share of an apartment to minor children? A sample of such a document is presented to our attention.
In general, donations in Russia may not be made up for all property, but only for its specific part. This practice is quite common in the country. But it leads to the fact that the donee in the end will not have ownership rights to everything. an apartment.
Legislation permits to give housing shares to children and adults. Experts insist that it’s not worth doing this if you want to fix specific housing for a minor. It is better to issue gifts for the entire apartment at once. Dispose of it until the child comes of age will be able to his legal representatives.
Step by Step Actions
And how to spend giving a share in an apartment to a minor child? In the same way as the design of a gift for all housing. This process is not much different from concluding an adult gift agreement. Usually, significant changes in such a process are felt if you want to give the property of the child to another person.
To realize the task, it is necessary:
- Collect the package of documents requested for the transaction.
- Draw up a draft agreement on donating a share of the apartment to a minor child (or the entire apartment). Lawyers and notaries can help with this.
- Contact the registration authority (usually a notary office) to sign the contract.
- Obtain from the authorized person a certificate of the legality of the transaction.
- Change ownership of an apartment or share in housing.
In reality, everything is much simpler than it seems. The main thing is that the legal representatives of the minor should be present at the gift. Otherwise, the notary will refuse to provide his services.
We form a package of papers
A sample agreement on donating a share of an apartment to underage children is presented in the photo below. In order to conduct an operation with minimal risks, you will have to carefully consider not only the preparation of a donation contract, but also the preparation of documents.
To donate real estate (in our case, apartments) you will need:
- gift agreement;
- passport of the legal representative of the child;
- donor's identity card;
- certificate of ownership of housing;
- extract from the Unified State Register;
- cadastral passport of the apartment;
- technical passport of property;
- real estate appraisal results (preferably);
- birth certificate of a child;
- extract from the BTI on the composition of the family (taken in the Criminal Code serving the granted housing);
- certificate indicating the absence of encumbrances at the apartment.
Usually this list of papers is enough.If we are talking about donating a share of an apartment or housing with several owners, you will have to get the consent of the owners of the apartment for the operation. Documents must be certified by a notary. Also, when donating an apartment, which is the common property of the spouses, you will need to obtain permission from the husband / wife for the operation and attach a marriage certificate.
Registration of rights
Now it’s clear how the process of giving a share takes place. This operation is not much different from the usual donation. Her conclusion does not cause any difficulties.
As soon as the agreement is signed and certified by a notary public, it will be necessary to register property rights in Rosreestr. To do this, the following persons must come there:
- home donor;
- the recipient of the property;
- legal representative of the child.
Bring with you:
- application for a new certificate of ownership;
- passports of the parties;
- birth certificates of children;
- receipts of payment of duty;
- cadastral and technical passports;
- the consent of the other owners of the property to the operation.
New certificates of ownership will be issued to citizens in 10 days, but the process can go faster. Donating an apartment to a minor child is over! This process will not cause any difficulties!
Sample
The image below shows the contract. This example is not exhaustive. It will only help to understand how to correctly make gifts.
If there are difficulties with the formation of the text of the agreement, you must contact a notary or lawyer. Experienced employees with knowledge of Russian law will be able to suggest how to correctly draw up a gift for a minor in a particular case.