Quite a common practice has been the design of a gift certificate for an apartment between relatives. This agreement is able to quickly and painlessly solve many problems related mainly to square meters. It is no secret that the division of the inheritance can destroy even the strongest and most united families. To prevent this from happening, usually people write gifts on their loved ones. So everyone gets what the owner decided. What nuances should be considered? What you need to know about this process? How to issue a gift certificate for an apartment, for example?
What
Let's start with the simplest. Namely: what is gift in general? Not everyone fully understands the meaning of this agreement. Especially when the question arises: which is better - a gift or testament?
A gift agreement is a kind of agreement between the homeowner and the donee on the transfer of property rights. In this case, the donor is completely deprived of the authority to dispose, own and use housing. A kind of gift that is made on a disinterested basis. The main advantage is that real estate received by donation is not divided after a divorce or marriage. And between the heirs, too.
What's better
Sometimes the question arises as to what is better in practice - a gift or testament? Here it is worth considering a lot of nuances. For example, how many heirs and real estate you have. After all, as already mentioned, housing issues can spoil even the strongest relationships.
If parents have only one heir, you can do with a simple will. But otherwise, it is preferable to use gifts. Unsubscribe to the heirs what is appropriate for them (as if they themselves agree with the children and close relatives about the real estate), and sleep peacefully. Everyone will be satisfied, and there will be no wars related to apartments.
By the way, it is necessary to think about how to issue a donation when the young family, for example, refuses to live in the territory of the parents and make repairs there. A very common case. Here, so that you do not have to divide property during a divorce, parents can write a deed of gift only for their child. And then, in fact, housing will become family, but there will be no division at the dissolution of marriage. Even after the death of the owner. Thus, the gift has many positive aspects. They should not be neglected if you do not want the heirs to “fight” in the future over the apartment.
Close
Practice shows that most often there is a registration of a gift for an apartment between relatives. And close. This process has one significant plus, which will be mentioned later. Who can be attributed to close relatives?
Here the list is not too big. After all, close ones include:
- grandparents;
- spouses;
- children
- brothers and sisters;
- grandchildren;
- parents.
This is the end of the list. Father-in-law, father-in-law, daughter-in-law, daughter-in-law, brother-in-law, aunts, aunts and uncles, as well as other relatives are no longer considered close. And with them, the process will be a little difficult. There is one feature that applies to completely strangers, as well as distant members of the family.
Taxes
It's about taxes. Registration of a gift for an apartment between relatives, as well as for any other real estate, involves the payment of taxes. Moreover, this rule applies only to those cases when the gift agreement is drawn up for an outsider, as well as for distant members of the family.
But a close relative is completely exempt from paying taxes. The deed of gift will not require anything from the recipient. Unless direct design. And nothing more.
By the way, the amount of taxes directly depends on the market value of real estate. The larger it is, the higher the payout. Therefore, very often there is registration of a gift for an apartment between relatives who are closely related. This eliminates a huge number of problems. Not always, but very often.
Features of the gift
Well, now a little about the features of the process. There are not so many of them, but they are capable of spoiling the general impression of the gift. For example, a deed of gift can be revoked. At almost any moment. But for this some conditions must be met. It turns out that even a deed of gift is a document suggesting the possibility of cancellation.
What can serve as the basis for this? First, a selfish motive. Usually it turns out in practice, but no one claims it. Secondly, if the former owner sharply worsens his health or financial situation. Thirdly, upon recognition of the extortion of the apartment. Or if there are any significant errors in the contract. In principle, that’s all. Making a gift for an apartment between relatives is a responsible matter. And it should be taken seriously.
Do I need a notary
A huge role in concluding an agreement is played by a notary. A deed of gift in his presence will have legal force, and you will also receive confirmation that the process took place without coercion and officially.
In principle, very often citizens refuse to contact such people. If you have the opportunity to contact a notary public at the conclusion of the contract, do so. The process will not take much time, but there will be plenty of positive aspects. With notarization, any transactions are quickly recognized as valid. Such a technique will save you from unnecessary trouble when contacting the Rosreestr.
Gift agreement
A sample donation can be seen below. This agreement plays a huge role in the transfer of ownership of real estate (in our case, an apartment) to relatives and any other citizens. If there are errors, as has already been said, the agreement may be revoked and null and void.
Documents for the donation are quite easy to collect. But it’s worth starting with the contract itself. It must be indicated the full address of the property, its footage and features. In addition, data on the owner as well as on the recipient are also recorded here. All key points of the agreement should also be indicated in the document.
The notary will help here to understand the correctness of the compilation. If he approves the contract, it will be possible to collect a complete list of all documents (it is better to do this immediately and present it upon signing the agreement) and go with them to Rosreestr to transfer ownership. Usually the answer comes after 10-14 days. On average, the process takes people 2 weeks.
Duty
The second point that will have to be taken into account is the payment of state duties. She is also included in the list of required documents. It does not matter whether a deed of gift for a child or an adult is written. The current owner must pay 2,000 rubles for state duty for 2016.
If, however, it is necessary to amend or reissue a donation agreement, appropriate payment will also be required. Only now it is much lower. Only 200 rubles. Paid only on behalf of the donor. The donee does not pay any fees. Only tax if it does not fall under the restrictions of this condition.
Consent
An important point is also the consent of all homeowners to donation. In the modern world, this is a very common practice when an apartment has several owners.
Without the consent of all owners, a deed of gift cannot be signed.And the gift in this case has no legal force. It turns out that in spite of giving someone their share of the property in the apartment will not work. This was invented to protect the rights of all property owners.
If you are the sole owner of the property, you are exempt from this document. Making a donation to an apartment between relatives will be easier than it could be.
Other documents
In addition to the above papers, you and the donee will need a pretty decent list of what will help to sign a gift agreement and ensure its legitimate work. So, take a receipt of the payment of the duty, the consent of all owners, as well as the contract itself. Add to this:
- passports (yours and donee, with copies);
- certificates from the BTI indicating the cost of housing;
- extract from the house book;
- marriage / divorce certificates (both the donor and the donee);
- birth certificates of children (if any, for both parties);
- documents of ownership;
- certificates of absence of debt (if there is one, it must first be paid off);
- tax receipt (if necessary);
- permission of the guardianship authorities for the transaction (when it comes to children and concerns their property);
- consent of the spouse to the gift of real estate.
Then come to the notary public and sign a deed of gift. Now all documents together with the deed of gift are submitted with the personal presence of both parties to Rosreestr for further re-registration. It remains only to wait. If everything was done correctly, after 10-14 days you can get documents of ownership in the name of the donee. The process is completed. Remember that a gift can be withdrawn at any time for one reason or another. In practice, such cases do not occur very often.