An apartment donation agreement is a document according to which transfer of property rights is free of charge. Before you make out such a “gift”, you need to carefully consider and weigh the terms of the contract and all the consequences. When considering, it is advisable to consider other options for transferring your property - this is inheritance, purchase and sale, and an annuity contract. All options have their advantages and disadvantages.
Giver and donee. Who are they?
A citizen who has decided to present an apartment to his successors must be capable and be in adulthood. You also need to keep in mind that if the property is owned by several members, then you must obtain the consent of all registered residents.
The transfer of property between commercial firms does not apply to acts of gift, but is executed as a contract of gratuitous transfer. In cases where the donor depends on the donee (gift to medical workers, employees of social and state services, etc.), the possibility of transferring housing to the property is excluded.
The donor has the right to liquidate the contract. An example of such a case can be a sharp deterioration in health, a decrease in the standard of living, or illegal actions by an donee. The latter has the right to refuse the gift before its legal transfer. Otherwise, it will be necessary to register a denial in public services.
The gift of the apartment. Where to issue?
The document must be executed in writing. It can be compiled in law offices and at a notary public. If the second option is chosen, then a prerequisite is an indication in the power of attorney of the gift subject and the donee's data. In the case when several members have the rights to an apartment, then the consent and signatures of all residents are needed.
Next, the logical question arises: “Where to register an apartment donation agreement?” The donor goes to the state registration authorities for real estate rights and draws up an agreement. After registration, no later than one month from the date of acceptance of the documents, the deed of gift takes effect.
The following set of documents must be delivered to the state body: in three copies, a gift agreement; documents for the apartment confirming the right of the owner; passport from BTI; identity documents of all members of the contract; duty receipt. It is also necessary to register the transfer of ownership of the property.
Donation
How to draw up an apartment donation contract? The document includes the following points:
- Details of the data of the donor and donee.
- Note kinship between the designers.
- Subject of the contract.
- Description of documents that confirm ownership.
- The data of the object, which is issued as a gift.
- Data of persons registered in the apartment.
- National tax.
- Signatures of the parties.
A deed of gift may also contain a clause stipulating such a moment: in case of the death of the donee before the donor, the contract is terminated. But after the donor’s early death, his heirs are required to fulfill the conditions of the registered document.
It is clear that people who first encountered such a procedure do not know how an apartment donation agreement is drawn up. A sample of its filling out, presented below, will help to understand how this document looks.In addition, a lawyer or a notary public to whom you seek advice will be sure to assist you in resolving such issues.
Highlights
The legal office will always tell you how to properly fill out an apartment donation agreement. The form can be purchased there. It contains the introductory part, which contains the serial number of the contract, the place and date of its conclusion, as well as information about interested parties. In addition, the form contains seven main articles, such as:
1. The Subject of the Agreement. It indicates the legal address of the housing, total and living area, number of rooms, floor, type of house, estimated cost with the number of the supporting document, the reason for belonging to the donor.
2. Rights and Obligations of the parties.
3. Confidentiality of the transaction.
4. The procedure for resolving disputes.
5. Rights of participants after registration.
6. The guarantee of the donor is that the apartment is not burdened by the rights of third parties, is not a pledge, and has not been presented previously.
7. Final provisions.
Payment of duty to the state
The costs of the act will be minimal for close relatives (parents, grandfathers, grandmothers, children, brothers and sisters). This category of citizens does not pay gift tax. If the property is made into the property of an aunt, cousins, nephews, etc., you will have to pay 13% of the cost of housing.
The state duty on an apartment donation contract is also an obligatory waste when donating. It is 1500-2000 rubles. Also, do not forget about the costs of a notary and a lawyer. Basically, they range from 1-1.5% of the contract value.
Preparation of documents
In order for the apartment donation agreement to take effect, it is necessary to carefully select all the required documents. They can be represented as a list:
1. Statements of the giver and the giver.
2. Passports.
3. Gift certificate in several copies.
4. Receipt of payment of state duty and its copy.
5. Cadastral passport for housing.
After the transaction is concluded, the donee is issued a certificate of registration of ownership.
Giving an apartment share
The contract of donation of an apartment in a share has its own nuances. Firstly, when making a donation, you will need to get a written and notarized consent of all owners. Secondly, if the co-owner of the share is a minor, then the certified consent of the parents or guardians is necessary. Thirdly, if one of the jointly owned persons is an endowed person, the written consent of the donor is sufficient.
Features of the gift
When an apartment donation contract is signed, taxes and the possibility of contestation are significant disadvantages that you need to be prepared for. Although the act of transferring property does not imply the existence of mercenary goals, it is nevertheless necessary to part with 13% of the market value of housing.
A plus in favor of making a gift is the lack of the ability to burden the donee. For example, the contract does not provide for the donor's right to reside in the apartment until death, otherwise it will already be considered as a transfer of property by inheritance. The advantage is a small state duty and quick paperwork.
If the gifted is too small
When an agreement is given to give an apartment to a minor child, lawyers advise adding special conditions under which the property will be completely transferred to the new owner. For example, it can be a marriage certificate or a diploma of higher education.
If a gift certificate is issued for several children, then a document is drawn up in the presence of all interested persons. In the case when the mother or father decided to write off his share to the child, the consent of one of the parents is sufficient. Prior to the official receipt of ownership of the property, the donor may refuse the gift. Such an action must also be recorded.
How to challenge an apartment donation contract
It is difficult to recognize a gift as invalid, but there are still several options for contesting. For example, to prove that at the time of the transaction the donor was in a state of mental disorder (severe intoxication), he was simply incapable.
Also, the basis for termination of the contract may be the misconception of the donor regarding the action taken, that is, he did not consider the consequences of the transaction. You can challenge the gift within three years after its execution. When filing an application with the court for termination of the contract, you must be sure of the reliability and legality of the grounds.
Invalidation
How to terminate an apartment donation agreement? The grounds for such an action may be:
- Errors in the preparation of the gift.
- The death of the donor before the registration of ownership. In this case, the property is an inheritance and is divided in connection with the laws on inheritance.
- When donating jointly acquired property, the absence of a notarized consent of one of the spouses.
- If an agreement was made with guardians on behalf of a child under 14 years old.
- If the apartment was issued as a gift to an employee of medical, educational organizations or municipal and state bodies.
- If the transaction is concluded with the goal, for example, to avoid confiscation, and the donor further lives in the apartment.
- The signing of a gift of duress under duress or under the influence of a severe set of circumstances, which was used by the presented.
- The apartment donation agreement can be terminated if the donee attempted the attempt on the life of the donor or his family members.
- The donor may send a lawsuit to the court to terminate the contract if the new owner is unworthy of handling his property.
- The death of the donee.
- If the donor (individual entrepreneur or legal entity) went bankrupt, then the donor can be canceled. But you need to prove that the transaction was carried out within six months before the announcement of bankruptcy.
As you can see, there are plenty of nuances in such a delicate matter as donating property. Therefore, the question of how to draw up an apartment donation agreement is best solved with the assistance of specialists.
To give or bequeath?
The answer to this question will be mixed. For example, a will can be rewritten at any time, and it will be extremely difficult to challenge a gift. Also, a lot of time will have to be spent on registering property rights. And here inheritance looks disadvantageous, since, in addition to registering the inheritance and entering into inheritance rights, you need to wait six months to announce other successors.
And the package of documents in this case will be more voluminous. But on the other hand, during inheritance, the true owner lives in his apartment until his death, and the will can be changed many times. A gift gives you the opportunity to enter into the rights immediately after registration, and to recognize it as invalid, you will have to make a lot of effort.
Purchase and sale and rental contract
This document indicates that the seller transfers property to the buyer for a certain price. For relatives, the act of payment may be fictitious, but there are difficulties with the tax. Since the price is specified in the contract, it is understood that the former owner received some income from which he is obliged to pay tax.
Tax authorities have the right to charge an amount for an apartment if it has been lowered or increased by more than 20% of the market value. If the transaction was between relatives, it becomes impossible to obtain a property deduction for the buyer (according to article 220 of the Tax Code of the Russian Federation).
The disadvantage of registration of sale is also certain difficulties with the joint right to property. In case of divorce, any spouse has the right to his share, which is unlikely to please the married son with whom this contract is concluded. Another example is the ownership of an apartment in equal shares of mother and son.
And if the mother wants to renew her part to her daughter, then by law she must first offer her son to buy this part. If within a month he does not express a desire, then you can sell his share of his daughter. If one of the children owns the apartment to the full, then the parents no longer have the right to prevent its sale.
To ensure a calm old age and not be afraid to be on the street after renewing the apartment for relatives, you can conclude an annuity agreement. It involves the transfer of any property for providing the owner either financially or in the form of the purchase of medicines, ongoing assistance at home, and so on.
All duties are prescribed in the contract. Property can be transferred to the property immediately after signing the annuity or after the death of the original owner. Payment of payments is carried out in two ways: at specific dates or for life. The second option may include the condition of permanent residence and maintenance of the true owner, including the payments themselves.
The property may be transferred free of charge and for a fee. Paid transfer includes the payment of rental payments in the form of a certain amount, which determines the value of the property. Here, a prerequisite is the execution of a contract of sale. In the case of free alienation, the transfer is carried out on the basis of a gift. All conditions must be described in the annuity contract, which is certified by a notary.
Download gift agreement
