How to give up a share in a privatized apartment in favor of another owner, relative, parents, mother, child

In the process of privatization of an apartment, which often takes place with the shared participation of relatives , many difficulties occur.

In the future, it will be problematic to sell or rent out such an apartment. In this case, some decide to re-register their property.

how to give up your share in an apartment in favor of another owner , relative or child.

Dear readers! Our articles talk about typical ways to resolve legal issues. If you want to find out how to solve your particular problem, call the free consultation numbers: How to give up a share in a privatized apartment in favor of another owner, relative, parents, mother, child

Shared ownership and its grounds

Common shared ownership is property where each owner has a specific share in it.

How to give up a share in a privatized apartment in favor of another owner, relative, parents, mother, child

The circumstances under which property is owned by shares are varied:

mutual consent of owners;
the court's decision;
other circumstances entailing shared property.

Read our article about what a share in an apartment is and how it arises.

Paragraph 1 of Article 245 of the Civil Code of the Russian Federation stipulates that property is divided in equal shares, unless otherwise provided by law or agreement.

Article 245 of the Civil Code of the Russian Federation. Determination of shares in the right of shared ownership

1. If the shares of participants in shared ownership cannot be determined on the basis of law and are not established by agreement of all its participants, the shares are considered equal.

Each owner of a part of his property has the right to dispose of it as he wishes .

Sample consent for a transaction with property in common shared ownership.

When can you refuse?

How to give up a share in a privatized apartment in favor of another owner, relative, parents, mother, child

If part of the property is inherited and the future owner does not want to accept it , then he must not enter into inheritance rights .

If part of the apartment is already in shared ownership, then you can cancel in the following ways:

sell your part;
draw up a deed of gift .

Voluntarily in favor of another owner

If the owner of a share in an apartment wants to transfer it to another owner , then he has the opportunity to issue a deed of gift to another person.

their relatives as the donee citizen . The transfer of rights can also be carried out during the process of housing privatization .

Transfer of rights to parents

Refusal in favor of close relatives ( father or mother ), as well as the owner's guardians, is permitted by law .
Since parents are first-degree relatives , refusal in their favor is justified , and citizens often resort to a similar procedure.
To learn how to gift a share to your parents, watch the video:

For the benefit of the child

Refusal in favor of a minor citizen is provided for by law . However, in this case, one nuance must be taken into account.

Download the parental consent statement for the renunciation of the share in favor of the child here.
A child may be the owner of a share in an apartment , but due to his age, he cannot sign and make decisions like an adult.
Therefore, the presence of legal guardians and representatives in such transactions is mandatory.

In case of divorce

How to give up a share in a privatized apartment in favor of another owner, relative, parents, mother, child

The option when one of the spouses wants to give his share to his ex-husband or wife is possible .
To implement it, you will need to make a division of the joint property , and only then draw up a gift agreement .
The second option is to draw up a marriage contract , where the will of one of the spouses will be spelled out in advance.
It will also indicate the entire legal regime for joint ownership.

Find out how to divide a mortgaged apartment during a divorce here.

Ways to relinquish your share

In certain life circumstances the owner has the right to refuse his share in favor of other persons.
For this purpose it is provided several ways, having their own nuances and features.
Before you issue a refusal, you need to study each of them and decide which method will be more convenient in a given situation.

Donation

How to give up a share in a privatized apartment in favor of another owner, relative, parents, mother, child

Donation is one of the most common options for transferring your part of property.
Under this procedure, the owner of a share in the apartment transfers it to other owners or other persons free of charge .
In this case , consent from other owners of the housing is not required ; it is enough to obtain approval only from the donee .
The gift agreement does not require the participation of a notary and is drawn up in simple written form.
In the future, the transaction must be registered in Rosreestr , in the same region where the property for donation is located.
For this you will need the following documents:

receipt of payment of state duty;
agreement in triplicate .

Read also the article on how to correctly draw up an agreement on determining shares in an apartment.

Sale and exchange

It is a mistake to believe that only fully owned property can be changed.

In fact, in accordance with Article 567 of the Civil Code of the Russian Federation , you can also change your share in an apartment .

Article 567 of the Civil Code of the Russian Federation. Barter agreement

1. Under an exchange agreement, each party undertakes to transfer one product into the ownership of the other party in exchange for another.

2. The rules on purchase and sale (Chapter 30) are applied to the exchange agreement, if this does not contradict the rules of this chapter and the essence of the exchange. In this case, each party is recognized as the seller of the goods, which it undertakes to transfer, and the buyer of the goods, which it undertakes to accept in exchange.

are taken into account in such a transaction . This means that they can agree to buy or exchange the share of the person who wants to get rid of his property.

How to give up a share in a privatized apartment in favor of another owner, relative, parents, mother, child

However, the owner can, without their consent, sign a simple exchange agreement and exchange his part for another .

This method is less secure than a sales contract. There are also a number of disadvantages when selling, for example, the need to pay tax after the transaction .

Non-participation in the privatization process

Privatization is an opportunity to register property, but not an obligation.
That's why non-participation in the privatization process, entails the appropriation of most of the apartment in favor of other persons.
In order to refuse, you need to make a corresponding statement in writing, outlining the reason that prompted you to make such a decision.
Sample application for refusal of privatization.

Refusal of inheritance

The right to inheritance can be used or ignored to enter into legal rights.
For this, a certain period is given, which is six months from the date of death of the owner of the apartment.
If you ignore visits to the notary’s office, then the transfer of rights will pass to the next relatives in line.

If the apartment has not yet been registered as a property and we are talking about refusing an inheritance, then you need to contact a notary and explain the situation.

In this case, the refusal can be made in favor of one of the relatives or third parties .

It is not possible to refuse part of the inheritance .

For example, do not take the due share in the apartment, but take the car. all or nothing principle applies here .

you carefully read the will before refusing , and only then make a decision.
With such a refusal, there are a number of nuances .
These include the following circumstances:

to eliminate doubts about the reasons for the refusal, you must personally visit the notary and write an application for refusal;
if it is not possible to appear in person, you must notify the notary by letter ;
Another option is to send a proxy to the notary .

How to give up a share in a privatized apartment?

How to give up a share in a privatized apartment in favor of another owner, relative, parents, mother, child

Before transferring your share of property, you should consult with a lawyer .
And decide what kind of agreement will determine the transfer of rights: a will or a gift .
Everything will depend on the situation and the relative or other person who is entitled to transfer the share.

Where to contact?

If the owner wants to give up his share, then he will need to adhere to the following algorithm of actions:

First you need to make sure that the owner of the share has a title document ;
Next, a gift agreement . It is written in triplicate . It is possible to draw it up at home or in a notary’s office;
This is followed by registration of the agreement in Rosreestr and submission of an application in the established form;
Within 30 days, registration an agreement with an assigned number will be received
Submitting an application for privatization to the MFC;
Within two months, the relevant documentation will be issued, according to which the right to own the property .

Documents for the transaction

In addition to the contract itself, the owner must have the following documents in his hands:

cadastral passport for the object;
title document;
passport;
fee payment receipt
passports of the remaining parties to the transaction.

Sample donation agreement

How to give up a share in a privatized apartment in favor of another owner, relative, parents, mother, child

In a gift agreement, mandatory conditions are that it be drawn up according to the established template and signed.

It consists of the following sections:

Subject of the agreement , which indicates the part of the real estate transferred as a gift to another person;
Its address , area and other characteristics are written down;
It is necessary to indicate the inventory value of housing , according to the BTI estimate ;
Next, the donor indicates his data , as well as the details of the title document for housing;
The next point is the rights and obligations of the parties ;
Next comes a warning about the confidentiality of information;
Then there is information about the resolution of disputes between the parties and state registration ;
At the end of the contract, all information about the parties , with passport details and addresses.

You can download a sample gift agreement from the link.

When is refusal impossible?

Not in all cases the owner can refuse his share .

There are a number of reasons why this is not possible. Such situations include inheritance received in the following ways:

escheat;
the person is entitled to a mandatory share;
in case of refusal, another heir will appear.

Consequences

How to give up a share in a privatized apartment in favor of another owner, relative, parents, mother, child

Before transferring part of your home, you need to think about the decision and make it aware of the consequences .

There is practically no chance of getting your share back . This is especially true for those contracts that were drawn up by a notary .

The court , most often, makes decisions in favor of the current owner . impossible to return housing .

Tax

If the donation is made in favor of relatives , then there is no need .
When transferring part of the housing other persons, have to pay tax.
The tax amount will be calculated based on the total cost of housing specified in the gift agreement.

If it is not there, then the main indicator will be the calculation from the BTI based on inventory value .

Payment of the tax falls on the donee citizen.

The rate is determined as follows:

for those who are not residents it is set at 30% ;
for citizens of the Russian Federation - 13% .

What rights are retained?

In case of an agreement of exchange or gift , the rights of the former owner of part of the property are completely lost .
However, if we are talking about privatization , then the person who issued the refusal does not lose the right to live in the apartment.
This may be a circumstance in which the person who issued the refusal is no longer a family member, but he has the right to live with the persons who privatized the housing , as before.

In what cases is a transaction considered illegal?

How to give up a share in a privatized apartment in favor of another owner, relative, parents, mother, child

Sometimes there is a possibility that the transaction was carried out illegally . This may be a circumstance in which it may be cancelled.

Such cases include the following circumstances:

Carrying out a transaction under the influence of third parties who are deceptive and misleading;
One of the parties to the transaction was an incapacitated person ;
The deal was forced by threats and violence .

Cancellation of a transaction can only be carried out in court.

A share in an apartment is not always a welcome gift for the owner. Therefore, many people have a desire to transfer real estate to another person .

It is important to remember that the transaction must be carried out competently and in accordance with the legislation of the Russian Federation .

The law allows you to transfer your share, but it is almost impossible to return it back . Therefore, it is important to think carefully before drawing up such an agreement.

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:
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Registration of refusal of a share in a privatized apartment

How to give up a share in a privatized apartment in favor of another owner, relative, parents, mother, child The renunciation of a share in a privatized apartment must be formalized legally in order to avoid possible negative consequences in the future. Read further in the article about how to renounce a share in a privatized apartment voluntarily, during a divorce, or in favor of a relative (mother, father, son, sister, etc.).

Owning real estate is a purely voluntary matter, entailing not only rights, but also responsibilities. If one of the residents does not want to bear the burden of maintaining a share in the apartment, then he has the right to refuse it.

When can a refusal be issued?

The owner has the right to refuse his share at any time. Except in cases where the property is seized. If we are talking about an apartment that is owned by the municipality, then any of the residents will be able to refuse their share in the privatization process.

Download an application for renunciation of a share in a privatized apartment

Moreover, none of those registered in a municipal apartment will be able to privatize their share without the consent and will of the others. Everyone must prepare their own package of documents, or contact a notary, to formalize the waiver of a share in the apartment in favor of one of the others.

Voluntary refusal

A waiver of a share in a privatized apartment can be formalized exclusively voluntarily. No one can force the owner to give up his property.

Moreover, if it is proven in court that the alienation occurred under pressure, under the influence of threats or other coercion, the transaction will be declared invalid. The share in the apartment will be returned to its owner.

However, if the transaction took place in compliance with all the rules and regulations of the law, then it will no longer be possible to return the share in the apartment to the previous owner, except by buying it out from the new owner.

If we are talking about a share in an apartment, the owner of which a citizen has become through privatization, then such a transaction is reversed and is called deprivatization, when the property returns to the ownership of the municipality at the request of the owner.

Refusal in favor of a relative

How to give up a share in a privatized apartment in favor of a relative?

An adult (over 18 years of age) and a legally capable citizen has the legal right to transfer, for a fee or free of charge, his share in a privatized apartment to any other citizen. This could be his relative, for example, mother, father, daughter, sister, brother, grandmother. The law does not prohibit such action.

If we are talking about a minor, then he will not be able to refuse real estate and participate in privatization, even in favor of his own parents.

It is possible to exclude minors from the list of privatization participants only with the permission of the guardianship and trusteeship authorities.

If the apartment has already been privatized, then the guardianship authorities will never allow the children’s share to be given or sold to any relatives, including their mother.

Usually citizens issue a waiver in favor of a relative. There are no restrictions on such transactions by law, except for the shares of children. A relative can buy a share or accept it as a gift. When donating, you will not have to pay income tax. If a citizen refuses a share during privatization, then his part will be equally divided among the remaining owners.

Refusal of inheritance

A share in an apartment may belong to one citizen, and after his death pass by will or by law to another. Moreover, everyone has the right to accept the inheritance or refuse it. Such a refusal is issued only in notarial form.

In the event that such a refusal is formalized in the prescribed manner and within the time limits prescribed by law, the share passes into the inheritance estate, which, in accordance with the law or by probate, is distributed among the remaining heirs in equal shares. If there are no other heirs, the property becomes the property of the state.

Citizens need to remember that it is impossible by law to refuse part of the inheritance. You can only accept the inheritance in its entirety, or refuse it entirely. This means that by acquiring a share in the apartment in this way, the heir also acquires all the debts that he owes for utility and other payments.

The refusal can be issued at a notary's office at your discretion, indicating one of the heirs as the recipient, or distributed among all. This must be indicated in the text of the document.

Refusal in divorce

When an apartment belongs to spouses and is privatized during marriage, upon divorce, by law it must be divided equally between them, or in other proportions established in court.

One of the spouses may renounce his share in favor of the other. However, in any case, the division of property must take place in court. The parties can simplify the procedure by concluding a voluntary agreement on the division of shares, have it certified by a notary and submit it to the court.

The issue of dividing shares in case of divorce can be decided in advance when concluding a marriage contract. There you can immediately state that during a divorce, one spouse renounces his share in favor of the other. The contract must be notarized.

Procedure for renouncing a share in a privatized apartment

There are only two legal ways to refuse a share in a privatized apartment:

First, you need to obtain a document confirming the citizen’s ownership of a share in a privatized apartment. Such a document is currently an extract from the Unified State Register, which can be ordered on the government services portal, at the MFC, as well as at the registration chamber.

Next, you need to draw up a gift agreement or a purchase and sale agreement for a share in the apartment. The buyer or the recipient registers the contract and the transfer of ownership in his name. After this, all rights and obligations of the owner pass to the buyer or recipient.

Download the agreement for donation of a share in an apartment (sample)

It is important to remember that the sale of a share in an apartment is impossible without mandatory prior notification to the remaining co-owners of the upcoming transaction. They have a pre-emptive right to buy out this share. If the seller does not comply with these rules and enters into a transaction with a third party, then the remaining co-owners in court may demand to cancel the transaction and transfer the rights of the buyers to them.

If it is decided to give the share to a close relative (spouse, children, parents), then you will not have to think about paying taxes. Tax is imposed on gift transactions with third parties or distant relatives. The tax amount is based on the value of the share, which is most often looked at according to BTI data.

The tax is paid, if required, by the one who accepts a share in the apartment as a gift. The tax rate in 2017 is:

13% of the cost of real estate for citizens of the Russian Federation.
30% of the cost of the share for foreigners and those who live outside the country most of the year.

Consequences of giving up a share

From the very moment a citizen draws up documents for purchase and sale or donation, his ownership right passes to another person. Following this, the former owner is obliged to:

Contact the passport office to deregister at this address and register at a new one.
Move out of the apartment within the agreed time frame, taking your belongings.

In no way can the former owner prevent the new owner from disposing of the property at his discretion.

The situation is somewhat different in cases where a citizen refused a share in an apartment during privatization. In this case, he retains the right to live in this apartment as long as he wants. He cannot be discharged against his will, even in court. Even if the apartment is sold, this transaction does not cancel the right of this citizen to continue to live in the apartment.

Refusal of a share in a privatized apartment

Only the owner can decide how to use his property.

And if the owner has the need to give up his share in the apartment or transfer his share to another person, he has the right to do so.

Moreover, the refusal can be formalized in such a way as to allow the privatization of housing in the future. A competent lawyer will explain all the current mechanisms and methods for registering a waiver of a share in an apartment.

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Is it possible to renounce a share in a privatized apartment?

If a citizen owns a share in a privatized apartment, he can formally renounce his share of housing at any time (Article 236 of the Civil Code of the Russian Federation). The right of ownership gives a person the opportunity to make any decisions regarding the property he owns. Giving up a share in a privatized apartment is no exception.

The only situation in which any transactions with property are not allowed is the seizure of this property (ban on registration actions). There is a nuance with municipal and service apartments - voluntary renunciation of the share can only be carried out during the privatization process or after such housing becomes privatized.

At the same time, a citizen will be able to take part in the privatization of this apartment in the future, but the law allows this to be done only until the moment of free transfer of state or municipal housing to a private owner.

A citizen can refuse a share in a privatized apartment in order to transfer his part to another owner.

Methods of refusal in this case depend on the current ownership status of a particular home, which can be checked in the current extract from the Unified State Real Estate Register (USRN).

The need for refusal may arise when another owner already has a certain share, but it needs to be re-registered (increased), or when a share in a privatized apartment is formed after privatization or receipt of an inheritance.

How does voluntary refusal occur?

Giving up a share in a privatized apartment is always a voluntary procedure. Alienation must not be forced or violent.

If evidence of threats and coercion is discovered regarding the transfer of ownership of the apartment, the transaction will be declared invalid, the due part of the property will be transferred back to the owner, and the perpetrators will face punishment for arbitrariness (Article 330 of the Criminal Code of the Russian Federation).

It is no longer possible to return the voluntarily transferred share. However, if a citizen received ownership rights to an apartment during the privatization process, then the return of his part of the real estate can be returned through deprivatization.

How to refuse in favor of a relative

Renunciation of a share in an apartment can be carried out under the following conditions:

The citizen has reached the age of majority and is fully capable.
An individual owns this apartment as a property owner.

If these two conditions are met simultaneously, the owner has the full right to refuse the share in his apartment free of charge or sell it under a purchase and sale agreement.

You can transfer property free of charge to absolutely any relative - both close (parents, children, brothers, sisters) and distant ones. If the owner donates his part, then personal income tax will not be withheld from him.

The sale of property implies the receipt of income, therefore, personal income tax will be charged to the seller on a general basis.

Privatization can only take place with the direct participation of the owner. The result will be a formalized ownership of the apartment. Thus, a citizen can voluntarily give up his share in the apartment only after its privatization. The refusal itself in favor of relatives occurs by drawing up a gift agreement. Such an agreement must be certified by a notary.

A citizen who voluntarily renounces his share in a privatized apartment can retain his registration and even live in it for as long as he needs. His rights remain after the sale of the privatized property.

A minor citizen cannot formalize the refusal of part of the apartment. The transfer of shared ownership will cause a deterioration in the living conditions of the minor child, to which the guardianship authorities will immediately pay attention.

Real estate transactions should not affect the interests of minors and incapacitated citizens.

How to refuse an inheritance

A citizen has every right to accept or refuse his inheritance. However, refusal of a share in the apartment is impossible. Inherited property must be accepted in full. Refusal is also made from the entire apartment or other property in its entirety.

To register a waiver of inheritance, you need to contact a notary.

You can renounce your share in the apartment in favor of a specific heir or all relatives. After drawing up the necessary documents, the property passes into the inheritance estate. The inheritance must be evenly distributed among all heirs.

In the absence of other heirs under the will, the property renounced by the sole heir becomes state property.

What are the actions of the parties during a divorce?

The shares of an apartment acquired or privatized during marriage are determined in equal parts during a divorce or established by a court decision. The division of property during a divorce is always carried out in court, which does not exclude the possibility of renunciation of the share of the apartment of one of the spouses in favor of the other.

The law also allows other options for the division of property values - a marriage contract and a voluntary agreement. Both documents establish the rights of spouses to certain parts of the apartment. The agreement can also include a condition that one party renounces its share in the apartment in favor of the other. The parties submit notarized documents to the court.

What methods of refusal are there?

Relinquishment of a share in an apartment must be legal and voluntary. Current legislation provides for two options for alienation - sale and donation of property. Before starting any of these procedures, an extract from the Unified State Register is issued.

Sale

The owner can either sell or change his share in the apartment. Preference in purchasing a share in an apartment is given to other homeowners, but this does not exclude the possibility of selling part of the property to a third party.

Before selling his part, the owner is obliged to notify other owners of this real estate (Article 250 of the Civil Code of the Russian Federation). The notice must indicate the basic terms of sale and the transaction price.

The owners have thirty days to make a decision on purchasing part of the apartment.

Only after all owners are informed about the sale and refuse to purchase, can a citizen offer his share to third parties.

The fact of the transaction is confirmed by the purchase and sale agreement. The transfer of ownership is reflected in the unified state register of rights - the Unified State Register of Rights. If an outsider has become the new owner, then an official document confirming the refusal of the other owners to purchase must be provided to the territorial rights registration authority.

Donation

Donation is another way to give up a share in an apartment. The owner draws up a gift agreement. The donee, in whose favor the alienation is made, must give his official consent to receive the gift.

Donation can be organized before privatization. In this case, the citizen draws up a statement of unwillingness to enter into ownership of real estate. Such an application is subject to notary endorsement.

The donor of the property does not pay personal income tax, but the donee must pay income tax. Personal income tax is calculated according to the current rate - 13% for tax residents of the Russian Federation, 30% for non-residents. The donee must pay personal income tax in the amount of 13% (30%) of the inventory value of the share according to information from the Technical Inventory Bureau (BTI).

How to issue a refusal

Alienation is formalized at the territorial branch of Rosreestr. For certification, the state registration specialist must provide the following documents:

passports or other identification documents of the parties to the transaction;
cadastral passport;
title documents of the owner confirming the competence of his actions regarding part of the housing;
certificate of state registration of the property;
gift or sale agreement;
certificate of ownership of part of the real estate.

If the parties to the transaction have collected and correctly executed all the documents, the state registrar will re-register the ownership rights. If an error was made in the documentation, then your application will simply not be registered. This is why qualified legal assistance is so important when registering a waiver of part of the property.

Sources:

How to give up a share in a privatized apartment - in favor of the mother, how to register

Owning a share in an apartment or other residential premises is not always convenient. It is not always possible to allocate it, it is difficult to sell, it cannot be pledged, etc.

Therefore, many prefer to formalize the waiver of a share in a privatized apartment.

When can you refuse?

You can give up your share in a privatized apartment at any time when the owner wants it. The exception is the case when the property is under arrest.

The owner's right to dispose of his property includes the ability to do so in any way and at any time.

If the apartment is still municipal or service, then it will be possible to give up the share in it in the process of privatization, that is, transferring it into the ownership of those who live in it.

Such a voluntary refusal does not deprive the person of the opportunity to participate in privatization in the future. But only until the end of the free privatization period.

Voluntarily

You can only give up your share voluntarily. No one can force the owner of the property to part with it.

A transaction may be declared invalid if it is proven that the alienation occurred:

as a result of deception;
under the influence of threats or violence.

The property will be returned to the owner.

It is worth remembering that if the transaction was completed in accordance with the law, then it will no longer be possible to return everything to its original state.

That is, in most cases, voluntary renunciation of a share in a privatized apartment is an irreversible step. Except for privatization.

In favor of the mother

A capable adult citizen has the right to transfer his share to any person he wishes. This could be a stranger or a relative, for example, a mother. The law does not establish any restrictions on such actions.

A minor child cannot refuse property that belongs to him or participate in privatization. Even for the benefit of the parents.

However, it is possible to exclude a child from privatization, but only with the consent of the guardianship department. As for part of the privatized apartment, the guardianship authorities do not give permission to donate or sell the child’s property to close relatives, even the mother.

In favor of a relative

Most often, the refusal of a share in an apartment occurs in favor of one of the relatives. The law does not establish restrictions on such transactions, except in cases where the share belongs to a child.

You can sell your share or donate it to a relative. In the latter case, the parties will not have to pay income tax.

You can refuse in someone else's favor during the privatization process. The reason for this is stated in the refusal. Then the apartment will be privatized in equal shares by the remaining relatives.

In case of divorce

One of the spouses may renounce his share in the common property in favor of the other during a divorce. But for this you will have to start dividing the property. After the shares in the apartment are determined, a gift agreement is drawn up.

The second way to renounce your share in a shared apartment in favor of your spouse is to draw up a marriage contract. It will indicate the legal regime of property, including refusal of division in case of divorce.

Such a document is drawn up by a notary.

Methods

The main ways to give up a person’s share in an apartment include:

Voluntary refusal of privatization.
Giving.
Sale.

Refusal to participate in privatization

Every citizen has the right to once receive from the state the residential premises in which he lives, free of charge. This can be done within the time allotted for free privatization. That is, throughout 2018.

Participation in this process is a right, not an obligation.

Consequently, privatization can be abandoned, thereby increasing the shares that will belong to other family members. This should be done in writing, indicating in the application the reasons that prompted such a decision.

Refusal does not deprive the right to take part in the privatization of another apartment, if the deadlines allow.

Inheritance

Transferring an apartment by inheritance cannot be considered a renunciation of one’s property. In this case, the owner does not lose ownership rights; it passes to the heirs only after his death.

A person can renounce his share only during his lifetime, having recorded the transfer of rights.

Donation

Donation is the most common transaction when giving up a share in an already privatized apartment in favor of a close relative.

The ban on such a transaction is established only in relation to shares owned by minors and incapacitated people (Article 575 of the Civil Code of the Russian Federation). Otherwise, relatives are free to donate their property without restrictions.

Since this transaction is free of charge, it does not give the right to other owners to demand advantages, as in the case of sale or exchange. Their consent to make a donation is not required either. No one has the right to interfere with the implementation of the owner’s will.

Gift tax

Real estate is a very expensive property, which is the income that the recipient receives. And therefore subject to taxation.

An exception is made only for donations made between close relatives. In this case no income tax is paid.

How to give up a share in a privatized apartment?

You can give up your share in an already privatized apartment only by alienating your share through donation or sale.

How to apply - procedure

First of all, you will need to obtain a document certifying ownership of the share. Then - draw up a gift or sale agreement. Since we are talking about real estate, the form of the contract can only be written. And finally - to register the ownership of the new owner.

Here you can download a sample contract for the sale and purchase of a share in a privatized apartment.

Where to go?

You can draw up an agreement yourself by using a standard form and entering the necessary information into it. An essential condition of such an agreement will be its subject, that is, information about exactly what share and what object is being transferred. To comply with all legal requirements, you can seek help from a lawyer.

With the contract and other documents, you must make an appointment with the state registrar at Rosreestr. It is he who will formalize the ownership rights of the new owner of the share in the apartment.

Required documents

In addition to the contract, you will need:

Passports of the parties to the transaction.
Document of title to the share.
Cadastral passport of the apartment.
Receipt for payment of state duty.

Sample agreement (application)

The gift agreement must include:

information about the donor and his counterparty;
the size of the share in a specifically indicated apartment (address and cadastral number);
what is included in the share (if a division was made);
the right under which this share belongs to the donor;
are there any non-owners registered in the apartment;
are there any other encumbrances;
no claims to this share from third parties.

Here you can download a sample agreement for the donation of a share in a privatized apartment.

What happens after a refusal?

Let's consider the consequences of giving up a share in a privatized apartment.

Consequences

Relinquishment of a share in an apartment entails a transfer of ownership. In this case, the former owner does not retain any rights to the transferred housing.

He is obliged, at the request of the new owner:

de-register;
leave your former home.

Such a citizen cannot prevent further alienation of the share.

If a person voluntarily refuses privatization, then the consequences for him and for the owners of such an apartment will be different.

In particular, a tenant who has signed a refusal to privatize cannot be discharged from the apartment without his consent. This cannot be done even through court. Moreover, even the further sale of such an apartment will not cancel this right.

Video about giving up a share in a privatized apartment

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Refusal of a privatized share in an apartment and registration rules

Many people wonder how to give up a share in a privatized apartment. It cannot always be exchanged, sold, pledged, etc.

Art. 236 of the Civil Code of the Russian Federation assigns to a legal entity or citizen the opportunity to renounce the right of ownership of property belonging to him, including residential premises. Refusal of the share of a privatized apartment occurs in several ways, depending on the circumstances.

You have the right to formalize the refusal of a share in a privatized apartment at any time when the owner wants it. The exception is the situation when the living space is under arrest.

The owner's right to dispose of his property includes the ability to do so at any time and by any method.

If the apartment is considered a service or municipal one, it will be possible to give up the share in it during privatization, transferring it into the ownership of those who live in it.

Such a voluntary refusal provides a chance to participate in privatization in the future. But only until the end of the free transfer of state (municipal) property into private hands.

Voluntarily

It is possible to renounce your share only voluntarily. The owner of the property cannot be forced to part with it. The contract may be declared invalid if it is proven that the alienation occurred:

under the influence of deception;
as a result of violence or threats.

The property is then returned to the owner. It should be mentioned that if the transaction was made in accordance with the law, it will not be possible to return everything back.

In most cases, voluntary renunciation of a share in privatized housing is irreversible. Except for privatization.

In favor of the mother

In a conflict-free situation, alienation occurs in favor of the parents, for example the mother. To do this, a citizen is obliged to take a direct part in privatization, as well as register ownership of his living space and only after that draw up a donation agreement with a notary for his part of the apartment to the appropriate person.

It is important to take into account that a person who voluntarily committed alienation is not deprived of the right to live in the apartment. In addition, after the privatization of living space, registration and right of residence are retained if this residential space is sold. At the same time, a citizen can become a participant in the privatization of other municipal real estate.

In favor of a relative

There is also a form of alienation in favor of other relatives. The possibility of refusal in favor of relatives is not limited by the state. A minor does not have the right to renounce his share in housing, even when transferring his rights to his parents. The guardianship and trusteeship authorities will not give permission for this, since the living conditions for the child will worsen.

It is easier for a mother to give up her part of the property in favor of the child; however, it must be taken into account that the interests of other minor children should not be affected. Otherwise, you will not receive permission to refuse.

You can give your share to a relative or sell it. In the case of a gift, the parties do not have to pay income taxes.

In case of divorce

One of the spouses has the right to renounce a share of the common property in favor of the other during a divorce. However, for this it is necessary to divide the real estate. Once the shares have been determined, a gift agreement is drawn up.

The second option for renouncing your part in favor of your spouse is to draw up a marriage contract. It requires specifying the legal regime of the property, including refusal of division during divorce proceedings.

This document is drawn up at a notary office.

The main ways to give up a share in an apartment

The main options for refusing a person’s part in a residential area:

voluntary refusal from privatization;
sale;
donation.

The owner does not have the right to dispose of his share in the privatized living space only if interim measures are imposed on this property (ban on registration actions, arrest).

Donation

If we are talking about already privatized housing, donation can be called the simplest and most popular implementation. To conclude a donation agreement for part of the living space, you need to meet the only requirement - obtain the approval of the recipient.

Consequently, the owner of part of the living space transfers the rights to it to another person, thereby abandoning the property. The most common way to exercise the right to refuse a part is to do this before privatization. To do this, you need to write a statement about your unwillingness to be a homeowner and have your will certified by a notary.

Gift tax

If you are ready to give a share in an apartment to a relative (husband, child, sister or brother, grandmother or grandfather), no tax is paid on the gift. The latter is paid only by outsiders. It is calculated depending on the price indicated in the text of the contract, and if there is no such condition in it, from the inventory value according to the BTI.

The tax is paid by the person who received the housing as a gift. His rate is:

13% of the share value – in most cases;
for non-residents, that is, persons who spend most of the year outside the Russian Federation - 30%.

Inheritance

If a citizen is an heir to a share in a privatized apartment by law or will, he has the right to refuse the inheritance itself by drawing up a corresponding refusal with a notary. You need to know that partial renunciation of inherited property is impossible. You can refuse in favor of either a specific person or all participants.

Sale and exchange

Part of a privatized apartment can be exchanged or sold. The remaining owners of common property rights have an advantage in acquiring the alienated share over outsiders.

In order to comply with the provisions of Art. 205 of the Civil Code of the Russian Federation, a person planning to sell his part of the property is obliged to send a notice to the other participants in the property, indicating the price and other conditions of the sale.

A share can be sold to third parties only if the other owners refuse. At the same time, the co-owners of the residential premises must purchase part of the property within 30 days from the date of receipt of the notice. Next, a contract for the purchase and sale of a part in the right of common ownership of housing is drawn up in writing.

The transfer of rights is registered in the state register of rights. The procedure and list of documents are almost the same as for donation. The only difference is that when selling a share to an outsider, you must provide the registration authority with a written waiver of the pre-emptive right of acquisition from the remaining owners.

Procedure: how to issue a refusal

To formalize the refusal, you need to prepare a document that certifies ownership of the share. Next is the purchase and sale or donation agreement. Since we are talking about real estate, it is made only in writing. And in the end - a document on ownership.

Where to go

You can draw up the agreement yourself by taking a standard form and entering the necessary information into it. An important condition of such an agreement is information about which part of the object is being transferred.

To comply with all legal requirements, you can seek help from lawyers. With the contract and other documentation, you need to make an appointment with the state registrar at Rosreestr.

He will formalize the ownership rights of the new participant in the property share.