Many families wonder if a husband can sell an apartment to his wife. The current legislation of the Russian Federation does not have any precise indications in this regard. Therefore, each situation will have to be considered individually.
All possible layouts will be discussed later. In practice, transactions between spouses are not so rare.
Legislation
Selling an apartment to your spouse is not a simple matter. Especially if you do not know Russian legislation. The thing is that in the Russian Federation banned the sale of apartments to parents. But no more than that. This means that theoretically, the sale of housing to a spouse is possible. Is it really?
About the concept of "property"
Can a husband sell an apartment to his wife? This question is not so easy to answer. The laws of the Russian Federation prescribe that the owner of the property can do anything with the property - sell, give, share, pledge, exchange and even destroy. This is the right of ownership. It consists of owning, using and disposing of an apartment.
Accordingly, the sale of property can only be prohibited in exceptional cases. But ideally, the owner of the apartment / house has the right to sell it to her husband or wife.
Inheritance
Can a husband sell an apartment to his wife? If we are talking about inherited property, then the spouse has such a right. The thing is that in such circumstances the seller has the apartment in personal ownership. And it can be sold to anyone (with the exception of parents). The deal will not have any features. It is carried out in the same way as the usual purchase and sale of property.
Premarital property
Selling an apartment from husband to wife and vice versa is also available when housing was purchased before marriage and executed for a particular person. Accordingly, the transaction is not prohibited by law. Premarital property is recognized as the personal property of the person for whom it is registered. If housing is bought in a marriage, but for the personal money of one of the spouses, then such property can be considered personal. And then she, too, will be able to sell to her wife or husband.
Presents
Can a husband sell his wife an apartment received as a gift during the marriage? Yes. Oddly enough, but donations in Russia are a fairly common form of transfer of real estate. The thing is that gifts are recognized as personal, so they will not be shared during a divorce.
Common property
Quite often, families buy apartments after marriage. Such property is jointly acquired. It will be considered to belong to both husband and wife at the same time. In this case, the question of who the property is registered for does not exist.
Accordingly, if a person thinks about whether a husband can sell his wife an apartment purchased in a marriage, the answer will disappoint him. After all, he is negative. Why? In fact, when selling joint property to his wife, the spouse simply transfers the property to himself. Such transactions are recognized as null and void and are not recorded in the Federal Register. And this means that his wife will not succeed in selling real estate.
Divorce
Nevertheless, such an operation will become available after the divorce. At such moments, the division of property. And each spouse is allocated a part of the jointly acquired. In such circumstances, the spouse has the right to sell his share of the apartment to his ex-wife, and vice versa. Such transactions are conducted in Russia more and more often.
Personal recognition
How to renew an apartment from husband to wife? Features of this operation will be listed below.If the apartment is bought in a marriage, then it can be recognized as the personal property of one of the spouses. Then the property will be able to sell to the wife or husband. This practice is not so frequent. Recognition of an apartment purchased in a marriage as the personal property of one of the spouses is allowed if:
- at the expense of the seller’s personal money, they overhauled;
- the "seller" spent most of his money on paying off a home loan.
The operation is carried out in court. After recognizing the joint property as personal, you can sell it to your spouse according to generally accepted rules. Nothing strange, strange or unusual.
Renewal Methods
Methods of transferring (selling) an apartment to a spouse may be different. We have already learned how to sell real estate. What's next?
You can transfer housing to your wife in other ways. Namely:
- make a gift;
- to leave the property as an inheritance (by will);
- Allocate a share in the common property and sell / donate it.
In addition, in Russia, marriage contracts are being drawn up more and more often. They prescribe the features of the shared property section. And here you can indicate that the property, drawn up in the name of a particular person, is considered to be his personal. Such a technique will help facilitate the process of re-registering an apartment, especially if it was purchased in a marriage.
Summary
Now it’s clear whether a husband can sell his wife an apartment in Russia. As practice shows, this is a fairly common transaction, which is sometimes prohibited by law. To ensure that there are no problems in the process of preparing the document, the parties will have to turn to an experienced notary. He will tell you exactly how best to carry out the transaction and transfer the property to a spouse. Least of all problems arises in the presence of a marriage contract, which indicates a separate regime of property rights. This is the situation in which real estate is recognized for those for whom it is framed.
It is worth remembering that it will not work to sell joint property to her husband. First, shares are allocated and only then a contract of sale is drawn up, and even better - a deed of gift. This technique will protect the "buyer", and there is no need to pay money for such a renewal.