Apartment share donation agreement: sample and form

The most expensive type of property is real estate, therefore, all processes associated with it must be correctly and clearly documented and registered with the relevant state bodies.

Judicial practice proves the need for more thorough preparation of real estate transactions, execution of contracts exclusively in writing, in strict accordance with the regulatory documents governing this procedure. The contract of donation of the share of the apartment is not an exception, which, in fact, is gratuitous, but in case of violation of the established form can lead to negative consequences for both parties.

Own. Methods and types of transmission

Almost every modern person owns real estate (apartment, house, cottage, etc.). Some are its sole owners, others own a certain share. In this case, the real estate may be in shared ownership or during privatization - joint ownership of individual individuals.

The owner of even a few square meters of real estate, in accordance with the provisions of 207-209 of the Civil Code of the Russian Federation, has the right to perform various types of actions with them: purchase and sale, transfer within the framework of inheritance, donation, rent. From a legal point of view, in the case of registered joint ownership, a number of problems may arise, for any type of action to be taken, the consent of all owners of the property is necessary.

Significantly complicates the process of transferring rights (in whole or in part) to property if a minor child has a part of it. Guardianship authorities ensure that the interests of children are not violated when conducting activities with their property.

The application of any method of transfer of ownership (rights to it) should be accompanied by specialists competent in the matter. For example, an agreement on donating a share of an apartment to underage children is quite common and is often applied in practice by parents who worry about the fate of their beloved child. But to fill it out you will need a legal advice.

Definitions

An agreement to donate a share of an apartment is considered as a transaction involving the transfer of part of the donor’s property to the donee on a gratuitous (free) basis. Relations of this kind are regulated by the Civil Code of the Russian Federation, article 572, in which the names of the parties to the participants and the procedure are prescribed. In fact, the donation of property takes place according to the same principles as the purchase, but taking into account the basic principle - gratuitousness. When concluding a contract, it is necessary to take into account some important nuances:

1. The contract, implying a gift, does not provide for the occurrence of counterclaims to be presented.
2. When donating, the real estate or its part cannot be transferred into the ownership of another person after the fact of the donor’s death (then a will is drawn up).
3. An agreement on the transfer of immovable property (part thereof) on a gratuitous basis cannot be concluded by a person who has not reached the legal age or who has been declared legally incompetent.
4. It is forbidden to conclude a gift agreement in favor of persons in the public service.
5. Employees of social, educational, medical and medical institutions cannot be an endowed party if the persons being treated, supported, and their relatives act as a donor.

The donor has the opportunity to revoke the contract at any time, the donor has the same right. A disclaimer of obligations is made out in writing by the person who cancels the transaction. The automatic cancellation of the gift takes place in case of:

1. Losses or significant deterioration in the health of the donor and, as a consequence, his disability.
2. Challenging the donation process by other owners through the judiciary.
3. Identification of the facts of unlawful actions (fraud) of the person presented with respect to the donor.
4. Causes of established damage to property by the gifted person.

Basic requirements for the contract

It is necessary to draw up any document relating to property in real estate in writing, with the signatures of the participating parties. For example, an agreement on donating a share of an apartment to underage children as a donor is signed by relatives who have provided real estate, as a donor they sign legal representatives of the child. In this case, the signature of the guardian or one of the parents is put. The legislation does not oblige to notarize this document, it can be done at the request of the parties.

If the donor cannot independently sign, this can be done by an authorized person having a power of attorney, which is issued specifically in order to sign an agreement on donating a share of the apartment. A sample power of attorney can be obtained at any notary's office and certified there.

A simple contract form, handwritten, does not mean that it does not have to comply with legal requirements. Non-observance of them may lead to the recognition of the document as null and void, therefore, a legal consultation is necessary, or you can independently find the form “Contract for the donation of an apartment share”. The form of the standard form is available in regulatory enactments, by lawyers, notaries.

Taxation

An agreement on donating a share of an apartment to a minor is not subject to taxation. Firstly, the child is not a tax resident, and secondly, property is transferred without cost determination on a gratuitous basis. In the event of the obligation to pay income tax, it is transferred by the representative (parent, guardian) of the child. A contract of donation of a share of an apartment to a relative is subject to taxation in case of not close kinship. Aunts, uncles, cousins, non-grandchildren, nephews are obliged to pay the state 13% of the value of the share of real estate received. When calculating, the price of the object indicated in the contract will be taken into account.

check in

The Office of the Federal Registration Service at the place of actual location of the property draws up a donation agreement for the apartment share based on the application of the donor. Documents may also be submitted by the person who has provided the power of attorney to represent the interests of the parties, notarized. A special mark on the text of the form provided indicates that a donation agreement has been registered. Documents signifying the transfer (change) of property rights (certificate), the donor may receive one month after the relevant data is submitted to the registration authority.

Required documents

It is quite simple to draw up an agreement on donating a share of an apartment using a standard form, it’s more difficult to prepare the entire list of documents for receiving written confirmation of real estate ownership. The list contains the following items:

1. Application (form given at the registration authority).
2. Receipt of payment for registration (state duty).
3. Originals and copies of documents proving the identity of both parties to the contract.
4. If an agreement is made on donating a share of the apartment to children, then the authority of the representative of the child is mandatory confirmed.
5. The contract of donation of the share of the apartment - all copies in the original.
6. A document confirming the ownership of the property of the donor.
7. Help passport office, extract from the book.
8. Technical and cadastral documentation for a dwelling (explication, cadastral passport).
9. The real estate donor provides the consent of the spouse to this action.

Apartment share donation agreement

The sample model form contains the following mandatory provisions, without indicating in which full information the document may be invalidated. The first line indicates the full name of the document. Under it is written the name of the city, village, settlement where the process of registration of real estate and the date of the contract in writing will take place.

Listed below are all the passport data of the parties to the contract - the donor and the donor: last name, patronymic, first name, gender, number, date and place of issue of the passport of a citizen of the Russian Federation, code of the issuing unit, place of birth and its date. The registration address on the territory of the Russian Federation (registration data) must be indicated. In the absence of a passport, the data is taken from the birth certificate.

Transaction Object Information

The donor transfers to the donated apartment (a share in a clearly stated amount) located at the address free of charge (filled out in accordance with the document establishing the right). The following is a detailed description of the property: footage, number of rooms, floor number in the apartment building, availability of a balcony or loggia, footage of the kitchen, bathroom, total and useful area of ​​the apartment.

The described property (its share) is owned by the donor, as confirmation, all the main parameters of the certificate should be listed in accordance with the document (number, date and place of issue, series of the document). Be sure to indicate in a separate paragraph that the transfer of ownership will occur from the moment of signing the contract. Its registration is carried out in the prescribed manner, the costs are borne by the donor. The owner must confirm in the text of the document that the property is not currently alienated, is not pledged, under arrest, has no encumbrances.

Information on the parties to the contract

A separate paragraph confirms the legal capacity of both parties to the transaction. The parties are not in the circumstances that force them to conclude this agreement, and act on a voluntary basis. Indicated relation degree between the giver and the recipient.

If the donor is married at the time of signing the deed of gift, the consent of the spouse must be noted; if the marriage is not concluded, the donor must confirm this fact. The parties act in accordance with the legislation of the Russian Federation at the conclusion of this transaction and are familiar with all its legal consequences. A separate line prescribes the conditions for termination of this contract and the requirements for the parties in case of non-compliance.

Captions

Signatories provide full details (full name) and signatures. With the participation of minors, the contract is signed by the legal representative. The document is made in triplicate, one is provided to each side of the transaction, the third one remains at the Office of the Federal Service for State Registration, Cadastre and Cartography of the subject of the Federation in which the transaction is registered.

Download an apartment donation agreement