How to issue a waiver of a share in the apartment? Legal advice

A fairly common operation is the rejection of a share in the apartment. This is usually the case with respect to privatized housing. Or, the need for refusal arises upon inheritance / privatization. In any case, the owner of the property has the right to refuse the property. But such a solution has several nuances. Depending on the chosen option, the consequences of refusing a unit in the apartment will depend. All the features of the mentioned procedure will be described below. In fact, everything is easier than it might seem. Especially if you consider each life situation separately.

Privatization

Refusal of a share in the apartment is possible during the privatization. In this case, a citizen registered in municipal housing simply expresses his unwillingness to participate in the operation. After privatization, he does not become the owner of the housing, but at the same time continues to be listed among the tenants.

For refusal in this case, you need to contact the notary with a corresponding statement. It must be indicated in it that a citizen does not want to participate in the privatization of a particular housing.

Privatized apartment

Refusal of a share in a privatized apartment is carried out differently. The thing is that in this case it is not so simple to realize the idea. After all, you have to draw up a deed of gift.

Under such circumstances, there is not quite a rejection of the share of the apartment in favor of the donee, but the presentation of their part of the housing as a gift. This is a fairly common occurrence. How to bring the idea to life will be discussed later.

Common failure

In Russian law there is such a thing as an absolute rejection of a share (in an apartment and not only). It provides for the abandonment of property in favor of anyone. In fact, the property will hang in the air - the old owner will abandon it, and other citizens will not have legal grounds for registration of property rights.

This alignment is regulated by 236 articles of the Civil Code. But he does not occur in real life. Therefore, we will not consider such a scenario.

Inheritance

And how can I issue a waiver of a share in an apartment that is inherited by citizens?

This can be done only after the emergence of inheritance rights. Have to go to a notary public and write the appropriate paper. It should say that the heir refuses the property laid to him.

The time to make a decision regarding inheritance in Russia is 6 months. After that, a citizen is automatically deleted from a number of heirs. Therefore, you can just wait.

Important: to refuse a share in the apartment, but it is forbidden to accept the rest of the inheritance. The heir writes a waiver of the property of the testator in the framework of one form or another of inheritance (by law or by testament).

For spouses

The refusal of the husband to share in the apartment (or wife) is another fairly common case. A special form of regulation of property relations is provided for spouses. This is a prenuptial agreement. In it, spouses can register to whom and what will belong to the property (current and future). And in this case, the apartment is purchased only by the wife / husband. No failures and other paperwork.

In addition, spouses can abandon their shares in housing with the help of gifts. Most often they are issued either for husbands / wives, or for children.It is this form of transfer of property in Russia that is most common.

Effects

The operation mentioned has a number of important legal consequences. They directly depend on the form of refusal of a share in the apartment.

If a citizen refuses to participate in privatization, then he will not have any property rights to housing. But at the same time he will not be deprived of the right to reside in an apartment.

In case of refusal of the inheritance, the potential recipient of the property loses all the possibilities of obtaining rights to the apartment or its share. He will not be able to live in it or dispose of it.

The presence of a deed of gift also deprives the former homeowner of all rights to the property. But under certain circumstances, such an agreement can be revoked. Refusal of privatization and inheritance does not provide for such reviews.

Sale

The most non-standard form of refusal from a share in an apartment is its sale. Moreover, the citizen actually sells his property.

Selling a share in an apartment is an operation that requires special attention. The thing is that in this case, all owners of the apartment will have a preemptive right to repurchase. If they refuse to redeem the share within 30 days of the written notification of the owner, you can sell part of the housing to third parties.

With common ownership for the sale of a part of the apartment, you will have to obtain the consent of all the other owners of the apartment for the operation. The rest of the procedure for the sale of a share of housing will not have any features.

Non-privatization process

How to issue a waiver of a share in the apartment? Let's start with a step-by-step study of privatization. More precisely, participation in the process.

As already mentioned, a citizen can refuse privatization. To do this, he will need:

1. Collect documents: passport, certificate of registration, social contract of employment.
2. Write a refusal to participate in privatization. The text should have a detailed description of the apartment and the phrase "I refuse to participate in the privatization process."
3. Come with prepared papers to a notary. Give him a package of documents.

At this stage, the authorized person certifies the refusal and issues a certificate to the citizen. You can forget about privatization. It is advisable to draw up consent and refusals for the operation simultaneously with the other tenants of the apartment.

Inheritance

In almost the same way, it will have to act when it comes to inheritance. Notarial refusal of a share (in an apartment or other property) under such circumstances is mandatory. However, you can do without registration. To do this, you have to wait six months.

To refuse an inheritance you will need:

1. To form a package of papers: passport, death certificate of the testator, property documents, certificates of citizenship, documents of kinship, testament (if any).
2. Write a waiver of inheritance. In our case, we are talking about a share in the apartment. You will need to write in the text of the document "I refuse the inheritance put to me by a citizen ... in favor ...".
3. Contact a notary office and obtain a certificate of renunciation of the inheritance.

That's all. Nothing difficult, incomprehensible or special. This task takes a minimum of time and effort.

Gift agreement

How to issue a waiver of a share in the apartment? The most common option is to write a donation. This form of transfer of property has several advantages. For example, a donated share will be recognized as the personal property of the donee (even in marriage), and it will not be shared during a divorce.

Registration of gifts does not require mandatory notarization. But it is better to act through a notary public. So it will be possible to secure the deal.

It is necessary:

1. Write a deed of gift. It prescribes information about the donor and the donee, as well as about the property that is presented as a present.
2. Collect the documents necessary for the operation: passports of the parties, gift agreement, technical papers for the apartment, certificates of ownership, receipts of payment of fees (if necessary). Documents proving kinship (if any) will also not be superfluous.
3. Contact a notary with prepared papers. Or you can immediately come to Rosreestr with 3 copies of the contract.
4. Sign a gift.
5. Issue a certificate of ownership in Rosreestr. If citizens acted through a notary public, the authorized person will give them certified copies of the gift agreement.

It is done! As soon as the applicant enters new information on the owner into the Rosreestr, the rejection of the share in the apartment can be considered completed.

Gift Taxes

A sample rejection of the share of the apartment was presented to your attention. It is worth remembering that donations provide for the payment of taxes after receiving property as a gift.

Usually, the donee must pay 13% of the cost of the presentation (in our case, the share in the apartment). If the object is transferred to a foreigner, you will have to pay 30% of the cadastral price.

Only close relatives are exempt from tax upon receipt of property under a gift contract. These include:

• wives;
• husbands
• moms and dads;
• children
• grandparents;
• grandchildren.

As practice shows, gifts prevail precisely among close relatives. This is the most reliable form of transfer of property during the life of the landlord.

Spouse contract

It is clear how you can write a statement-refusal from the share of the apartment. Some spouses prefer to immediately buy property for a husband or wife, having drawn up a pre-nuptial contract. It avoids problems with a divorce.

The marriage contract is executed as follows:

1. Prepare the following papers: marriage certificate, documents for joint property, passports of the parties, marriage contract.
2. Sign the contract in the presence of a notary. An employee of a notary office will help draw up a legally competent agreement.
3. Pick up a certified prenuptial agreement.

The described algorithm of actions is not a rejection of shares. But it allows you to avoid unnecessary property disputes related to the mentioned operation.