Today we will be interested in a gift certificate for an apartment. The pros and cons of this system, as well as the correct process design, are what many are interested in. Indeed, in Russia it is very difficult to obtain living space on your own. And housing issues play an important role. Especially when it comes to inheritance. To prevent "bickering," a deed of gift for an apartment is often written. Pros and cons of this process, as well as all the nuances of it will be given below.
What is a gift
But for starters: what is it all about? What will we deal with? What is deed of gift? You need to fully understand this. Especially when the conversation is about real estate.
A gift is a contract of giving something. It can be written by the owner in order to transfer real estate or any other personal object to the disposal of another person. A very effective method of "sharing" property between relatives. No litigation, controversy or squabble. Give each one some kind of real estate - and you can leave the world with a calm soul, without worrying that the children will “wrangle” because of square meters. Here is such a useful thing a gift for an apartment. What are the pros and cons of her? You need to know this before you get started with all the paperwork.
Types of gift
By the way, gifts for an apartment can be different. In general, two types are distinguished. The first is temporary. It regulates that over time, the owner will transfer the property to the donee. That is, it will not immediately pass into the power of another person. The second is instant. After signing such an agreement, the donor is obligated to immediately transfer all his rights to the property to the donee.
Perhaps the second option is used most often. People are skeptical of the first scenario. After all, it is quite easy to cancel. Especially if you don’t communicate much with the donor. What are the pros and cons of a gift for an apartment? Here the situation can be viewed from different angles - for the donee and the owner. But we will try to assess the situation as a whole.
Feedback
For example, for someone who plans to give an apartment, the ability to revoke a gift agreement becomes a huge plus. This scheme is used by "cunning" old people who are trying their best to provide themselves with a great old age, supposedly in exchange for living space. And since this is not so in Russia, people agree to adhere to the terms of the contract impeccably, in order to later receive a reward for their actions.
Nevertheless, it is not always possible to withdraw a deed of gift to an apartment. Although, if you try hard, then in any case you will be able to regain your living space legally. For example, it is enough to obtain evidence that after giving you your financial situation has sharply worsened or a terrible disease has appeared. Basically, it just sounds scary. Any modern professional lawyer is able to withdraw a donation to the apartment if his client is an elderly person. For the owner, this phenomenon is a plus, for the donee - a minus.
Legal and legal aspects
What are the pros and cons of the gift? We have already dealt with one point - this is the possibility of termination of the contract. In general, with donation certain legal and legal aspects arise. Perhaps they are considered advantages. But practice shows a slightly different picture. In fact, most often all legal and legal aspects of a gift agreement disappear. What can be attributed here?
For example, the gift of selflessness. The owner must voluntarily transfer property to another person without any mercenary motives. For housing, no counterclaims should be. Indeed, a gift is a purely voluntary agreement. And no one is entitled to demand something for her.
In addition, the gift takes effect during the life of the donor. Otherwise, a will is written, and it begins to take effect. So keep that in mind. In general, this aspect is a plus for everyone. He will save even the strongest family from proceedings with square meters.
Taxes
Has a donation to the apartment of the pros and cons. Taxes are the next thing worth paying attention to. For someone, again, this is a drawback, but for someone this moment is very beneficial.
The thing is that taxes are paid by the donee if he is a distant relative of the donor or a stranger at all. The size is set in accordance with the cost of the apartment.
But close relatives (grandchildren, children and spouses, brothers and sisters in some cases), as a rule, are exempt from paying taxes. Therefore, of course, for them this aspect does not make sense at all.
check in
The next controversial moment is the registration of the contract. Pros and cons of giving to an apartment are different. But all of them, as has already become clear, are ambiguous. And for some, the pros are disadvantages, and the minuses are advantages, and vice versa. But state registration is a completely different matter.
In general, it is considered to be a plus. That is, you conclude an agreement on a disinterested and unauthorized decision to transfer real estate to one or another person. According to this agreement, both parties are protected by law. They have their rights, duties and responsibilities. No one can violate a legal and fixed decision.
On the other hand, paper registration is quite expensive. And the design of a gift for an apartment, the pros and cons of which we learn, takes a lot of time and effort. Not everyone understands how to organize the process. So here too it is impossible to come to a common opinion.
Privileges
An undoubted drawback for the donor is in our present moment such a factor as the absence of any privileges for the provision of housing or housing conditions. All this is because after signing the paper all the rights of the previous owner are lost. And he cannot in any degree demand something in return. For example, register yourself in a non-residential area.
Nevertheless, sometimes this is a huge plus. For example, when it comes to close relatives with strained relations in the family. After giving the children, for example, there is nothing to be afraid of - parents have no legitimate reason to put pressure on pity or demand encouragement, maintenance, and the provision of new housing to replace the old one. If this happens and you are able to prove the mercenary transaction on the part of the donor, you can safely go to court. True, such a practice is extremely rare. Most often, people simply resign themselves to the fact that they issue a gift for something or in exchange for any material goods. The extra debate is useless.
Registration
How to draw up a gift contract for an apartment? Here, frankly, if you thoroughly understand everything, there are no significant difficulties. If we are talking about fairly young donors, then there will be no problems with an understanding of the process. The first thing you need is time. The second is the preparation of documents. To draw up a deed of gift, bring:
- certificate of ownership;
- gift agreement itself (2 copies);
- registration certificate for the apartment;
- a statement of the cost of housing (market price);
- receipt of payment of the fee in the amount of 1,000 rubles;
- extract from the house book (taken in the housing office);
- certificates of divorce and marriage;
- application for registration of transfer of rights (from the donee);
- consent of tenants-co-owners to the transaction (if any).
All this is submitted to the state registry of cadastre and cartography. Similar establishments are available in every city. Then a donation contract is signed, after which a new homeowner is registered. That's all. Nothing difficult if you think about it. Will or deed of will? The pros and cons of the second object are already known to us. And, as practice shows, it is gift certificates for real estate that protect close relatives from a real war. Keep this in mind. Most often, this form of transfer of ownership is preferred.
