How to rewrite, rewrite the share of the apartment to a relative, another donor, a person, how to rewrite the share of the apartment to a mother, a daughter, a son, a minor child

It is known that in Russia there is a huge amount of co-owned housing, and the real estate sales of such property are considered one of the most difficult real estate deals, and we tell them what the share is and what you can do with it.

What's the share of the apartment?

The share, according to the Russian Civil Code, is property owned by two or more persons in the right to common property. Property may belong to several persons and be divided into shares, which is the property of the equity, and also be joint property – that is, without determining the share for each person.

Statistics on this issue vary: between 50 and 80 per cent of urban housing is believed to be owned in the Russian Federation.

Young families are often broken up, property is divided and housing becomes a share of property; the shares in the apartments are also owned by the heirs of the owners who have died.

If you take the example of joint property, it is fair to say that there are no shares in the dwelling; so when you buy a dwelling by a spouse and make a room for your husband or wife, you will not be the owner of one of the spouses.

Such property is considered to be joint property and, in the case of divorce and division of property, the court will share the dwelling equally, except in certain cases.

The apartment is divided into different parts if: a child remains with one of the parents; where one of the spouses has invested a large amount of money in the purchase, e.g. sold an apartment purchased prior to the marriage.

A shared property is a dwelling divided by shares owned by the owner; a dwelling may be inherited by more than one person; it may be bought by two or more buyers; it may be given to several persons; or it may be divided by spouses into shares.

In the property certificate, shares are always identified as one second or one third, etc. The choice of share (who lives in which room) can be made through negotiations between the parties as well as in the court when the use of the property is decided.

Interestingly, the owner can only begin to claim an entire room when the total capacity of his or her share is equal to or greater than that of the room in a particular apartment. If your share is 15 squares, and the apartment has rooms of 12, 16 and 20 square kilometres.

You can only apply for a room of 12 square metres in court.

Is it true that there are a large number of fraudsters in this field?

In the media, it has often been possible to see the so-called "rent raid" when shares in apartments have been used as targets.

Now the stories are less relevant: since 2015, a notary has been required to deal with reimbursable shares, and since June 2016, a law has been in force to register any change of ownership of real estate with a notary.

Experts believe that this measure is also applied against fraud, and notaries may charge not more than 20,000 rubles to certify transactions.

Is there a demand for such real estate?

It is believed that there are several categories of buyers of shares. There are Russians coming to major cities from the province, and they very much need to be registered. They know that propiska solves a lot of problems: attaching them to a health centre, getting a job, sending their children to school or kindergarten.

There are also categories of citizens who buy shares in apartments precisely for living: not everyone can afford a mortgage, let alone buy an apartment, but many people can't find a solution to the problem, and there are pros in this market, those who buy apartments by shares and try to make a profit.

For example, there is a scheme whereby a number of shares are bought and the remaining owner interested in buying the entire apartment is sold more.

What can be done with the share of the apartment?

You can sell it, give it, bequeath it, or mortgage it. Unfortunately, it's not the whole apartment, and you can't sell it by simply placing it on the market. Before you sell your property, the co-conspirator has to offer it to his neighbors. The procedure is regulated by 250 articles of the Russian Civil Code. You don't just have to offer it, you have to do it in writing.

You have to send a notice indicating the price. You usually use service notification letters to do so. If co-workers do not want to buy a part of the apartment sold within a month from the date of receipt of the letter or refuse to have priority in writing before the expiry of the deadline, you can put your property on the market in peace.

There is an important nuance: you have to sell your share at exactly the price and under the same conditions that you offered to other co-workers. If you leave these conditions (e.g. by changing the price during the sale to a lower price), the other owners will be able to sue you and challenge the sale. The exception to this rule is an increase in the price.

In the case of multiple co-conspirators, the buyer may choose the seller itself.

It's important to remember! 

Often the problem with selling shares may be the physical absence of other owners in the apartment; they may live in other cities and countries and their exact location is unknown.

Legally, in order to comply with the requirements for written notification of co-workers, it is necessary to have evidence of the issuance of sales notices to these persons at the last known place of residence.

When buying a share in an apartment, it is necessary to know that registration at a new place of residence does not require the consent of the owners of other shares, but only to bring a certificate of ownership.

If you're planning to move into a family room, you need to remember that the other family members need the consent of their associates to register. In such cases, specialists recommend that you buy a share of the apartment for everyone who lives there and who you want to prescribe.

For example, if you buy 1/2 shares in a four-person apartment, it's worth buying 1/8 per person.

If you give, mortgage, or bequeath your share of the dwelling, you may not ask the other co-workers, but it is worth recalling that when the owner disposes of the share in favour of the married child, the given share may not be shared between the husband and the wife when they divorce.

How can we best sell the share?

The experts believe that the ideal option of setting the maximum price for the share that was put on the market would be to sell the entire apartment in agreement with other partners; unfortunately, this is not often the case.

And if all shares of housing are sold separately, there may be conflicts that prevent the short-term sale of real estate.

In such situations, many sellers resort to special real estate agencies, among which there is work with shares of apartments.

How to rewrite the share of the apartment into a relative

How to rewrite the share of the apartment to a relative, another moneymaker, another person.

They do not go into each other ' s rooms except by invitation, but some of the premises, such as toilets, bathrooms and kitchens, are shared property and are used by all according to a certain schedule or other agreement. In the first case, with the total share of property, the owner can do something with his or her part of the property only in agreement with the other owners, except with the exception of the gift contract. In the second case, this is not required, but the rule of precedence applies. The proposal is to first offer to buy the rest of the owners at the same price as the sale will take place and only if all refuse to do so can another person acquire it. In this way, the share of the apartment can be transferred to virtually anyone but with certain restrictions.

1. A minor child.
2. Incompetent face.

In their case, the representative/guardian/parent must take the decision.

How to rewrite the share of the apartment to a relative (2018)

It is sufficient to register such a treaty with the registering public authority.

If the apartment is privatized, one owner may give his or her share to another person, such as a close relative. Is the consent of other owners required? The consent of the other owners is not required, since the gift is voluntary, and all housing rights are transferred to the new owner from the time of State registration of the gift contract.

Accordingly, there is no prior right to purchase from other owners either.

Moreover, if the share is given to a close relative, the tax does not have to be paid.

How do you rewrite the share of the apartment to a relative?

That's what the gift is for.

The heir may indicate in the will that his house or apartment is divided between several relatives.

There may be a division of the apartment between the former spouses of the divorce process, and the court often grants equal shares to the former spouses; in each case the ownership of the share must be registered in Rosreestre.

• Often, several persons own one dwelling.
• Transactions can be recompensable and free of charge.
• The law does not prohibit the conversion of shares to any person, relatives or other citizens.

Family members may also choose joint property when the shares in the dwelling may be allocated at a later date by agreement between the tenants; the acquisition of housing under civil contracts where several persons are on the buyer ' s side (purchase of an apartment on the primary or secondary real estate market, receipt of an apartment on the gift, etc.); the separation of the apartment between the former spouses on the divorce process; the acquisition by the heirs of property rights left after the owner ' s death; and when the property is purchased on the basis of a refund transaction, citizens may provide immediately for the amount of the share to be transferred to their property.

In the remaining cases, equal shares will be determined, which may subsequently be changed by agreement between the owners.

Reset the share of the privatized apartment to another decoupler.

Councils

How, then, is it possible to be the one who still has a joint property, but circumstances have arisen when it is necessary to change it?

The share of the privatized dwelling is possible and provided for by law, and there are two options in this situation:

1. If there is no disagreement between the owners over the distribution of the shares, the real estate may be divided between them by contract; this is provided for in article 252 of the Code of Criminal Procedure of the Russian Federation.

A signed contract needs to be registered in Rosreister.

How to rewrite the share of the apartment to a relative, another moneymaker, another person.

The reasons for changing the share of the apartment are as follows:

1. Save the money for a square metre;
2. ;
3. Make a "gift" to another person;
4. Avoiding conflicts with shareholders;
5. get rid of the LAC, the capped, the taxes.

So there's a lot of reasons, and they're different.

After choosing a suitable option for himself, the debrief begins to select the addressee for the transfer of the object.

Specialization: family law, inheritance law, housing law.

The most important thing is to respect the terms of the share transfer in the apartment, let's say if you choose to buy a sale, you have to take into account the preferred right to buy the share.

Procedure for converting the share of the apartment into a relative

When there are several persons entitled to housing, it is difficult to change the rights to a part. In such a situation, it is worth noting how to change the share of the apartment.

1. Such a document must be duly certified, that is, notarized.
2. In the event that you are a successor, it is necessary to know how the rights in question are treated.
3. How, then, is it possible to be the one who still has a joint property, but circumstances have arisen when it is necessary to change it?
4. The share of the privatized dwelling is possible and provided for by law, and there are two options in this situation:

1. If there is no disagreement between the owners over the distribution of the shares, the real estate may be divided between them by contract; this is provided for in article 252 of the Code of Criminal Procedure of the Russian Federation.

A contract must be registered in Rosreister, and each owner now knows his or her share of the property, and may dispose of it of his or her own free will, without prejudice to the rights of the other owners.

There is no separation of personal accounts in this case, as ownership of the apartment is still common.

It has been established by law that there is no need to pay taxes and fees on the donation of an apartment to close relatives.

In some cases, a receipt of payment of State duties will also be required.

The share of the flat is given by the notary: how it is processed in 2023, how much it costs and what documents are required

Article updated: 16 August 2023

Hello, I've divided the donation of shares/values in an apartment through a notary into three main stages: a collection of documents, a request to a notary for an assurance of a gift contract, and the filing of documents with the IFC or the Registry Office for the registration of a transaction.

PROPOSED: If a citizen is going to give his or her share (no matter who), he or she does not need to ask for the consent of the other owners, the consent of the registered/residents or the permission of the guardianship authorities (if one of the owners is a minor).

The owner of the share can give it to anyone — article 246, paragraph 2, of the Criminal Code of the Russian Federation — and there is no mention of the consent of other owners in such a situation — neither in Chapter 32 of the Criminal Code of the Russian Federation.

2015 No. 218-FZ, which records all real estate transactions.

Phases and costs:

At the time of giving, you can contact any local notary at the place where the apartment is located, but within the framework of the constituent entity of the Russian Federation, article 56 of the Basic Principles on Non-Notaries; the list of subjects of the Russian Federation is set out in article 65 of the Constitution of the Russian Federation.

This means that if an apartment is located in Moscow or St. Petersburg, you can contact any notary in Moscow or St. Petersburg, because these two cities are considered as separate subjects of the Russian Federation.

For example, when an apartment is in Novosibirsk, it is to any notary in Novosibirsk province.

If a giver or giftee cannot personally contact a notary (e.g., lives in another city/area), he must write to his local notary and send it to his trusted person by mail.

Because the giver and the giftee cannot be in the same person (art. 182 (3) of the Russian Civil Code).

In my experience, the key to choosing a notary is the service and service it provides, the prices of notaries for all services are almost the same, so read the feedback -- whether he's polite to his clients, whether his employees work fast, whether he's willing to consult, etc.

We recommend that we focus on this, because since 2016, about 70 percent of the cut-off deals have been going through them.

As a result, notaries have no problem with ordering, so many stop monitoring the quality of their services, believing that there is still a lot of demand and that people will turn anyway.

Looking for a notary is better on Yandex Carte, looking for Yandex. Carta is convenient -- you can find a notary close to you, read feedback on him, look at his grades, get a phone, an address, hours of work, etc.

Step 1 - Collection of documents

To giver(s) and gifted person, I advise you to contact a notary in advance.The notary will listen and draw up the full list of documents to be collected, and he can go home if one of the parties is unable to visit him for reasons of health or age.

Such documents are required in the originals:

• The passport of the giver and the gifted person; if a gifted person is between 14 and 18 years of age, he/she needs his/her passport and the passport of one of the parents (guardian, guardian); if a gifted person is under 14 years of age, his/her birth certificate and the passport of one of the parents (guardian, guardian); if a party is represented by a trusted person, his/her passport and notarized power of attorney may be registered with the same notary;
• The certificate(s) of registration of the right or a paper extract from the EGRN on the object of real property; these documents must be provided by the giver. They are needed to confirm ownership of the share or the entire apartment. Registration certificates have been cancelled and not issued since July 2016. But if there is a certificate issued before July 2016, then bring it. If there is no certificate, a paper extract from the EGRN on the property of the property will be appropriate. The real estate property in this case is a gifted apartment. The certificate also confirms ownership. It can be ordered by any person for 400 r. at the IFC. How does this appear here?
• The contract of basis; the contract of basis is the document on the basis of which the giver owns the share or the entire apartment; when the apartment was purchased, it is the contract of sale; or the giver was given the dwelling by inheritance, the certificate of inheritance; when privatization is the contract of privatization, etc.
• If the giftee receives a gift from an intimate relative, he will have to pay a tax of 13% of its value. If a close relative does not pay a tax, there will be no tax. A list of close relatives is given in paragraph 18.1 of article 217 of the Code of Criminal Procedure. Details of the donation tax will be found by reference. A notary will be required to report to the tax inspection all the gifts he certified. This includes the degree of the relationship between the parties, paragraph 6 of article 85 of the Code of Criminal Procedure. For example, in such a transaction, a share has been given to a close relative. Therefore, the tax inspectorate will inform the giftee that he is obliged to pay the tax. A list of documents will be given by the notary. For example, if one of the parents gives a share to his daughter, her birth certificate will be required. If her daughter has changed her name upon marriage, the marriage certificate will be issued.
• Technical passport for an apartment from a giver, which can be ordered from the BTI and the IFC;
• An extract from the home book. Other names of the discharge are a certificate of registered persons and a certificate of the composition of the family. This statement can only be obtained by the owner, as you can read here. The service is free of charge.
• The notarized consent of the spouse(s) of the giver, if the apartment is bought in marriage but is registered with one of the spouses, may be certified by the same notary. The other spouse must be provided with a passport and a marriage certificate.
• A certificate from a psychoneurological clinic; a notary rarely requires this certificate to verify the adequacy of the gifter, especially if the giver is over 65 years old. It is important for a notary that an elderly person understands his actions, that he voluntarily gives his share, etc. Some notaries require an examination in a psychoneurological clinic, not just a certificate that the giver is not registered there.
• A certificate from a drug treatment clinic. Here, as well as a certificate from a psych therapist, a notary will ask for this certificate if he thinks that the giver or the drinker is a strong drinker or drug user, or on a drug count. Some notaries require an examination, not just a certificate that the giver is not registered in a drug clinic.

Step 2 – The Notary drafts and assures the agreement to give a share of the flat.

1. Nextto the gifter and gifted notary and to hand over the documents.The list is listed above in phase 1.
2. The notary will draw up a gift contract in multiple copies.which the parties must sign in his presence.

   If a gifted person is under 14 years of age, his or her presence will not be required, and one of the parents (guardian, guardian) will sign for him or her; if he or she is between 14 and 18 years of age, he or she will sign the contract, plus one of the parents (guardian, guardian).

   The number of copies of the treaty depends on the number of parties plus one remains with the notary for the archive; for example, when one giver and two gifted copies are available, there will be four.

   For each of the giftees, a certified copy of the contract will be made on a special form with watermarks, and for the givers and the notary himself, the certified copies will be on plain paper, and we have indicated below that the contract may be drawn up by the parties themselves, not necessarily by the notary himself.

3. The contracting parties sign only before the notary, thenThe notary will confirm the contract.(Chuckles)

How much this service will cost by reference below.

Now the notary is obliged to file a notary contract for registration, which is now part of the certificate of transaction service.

Such obligations have been imposed on notaries since February 2023 by article 1 of the Federal Act of 3 August 2018 N 338-FZ, which excluded the notary ' s tariff from article 22.

1 The basis for notaries, and in addition to the second paragraph, is that notaries are not entitled to charge for additional legal services.

If the notary does not have the opportunity to apply electronically, he or his assistant must file the documents in person with the Rostreestra office and within a maximum of two working days.

Article 16, paragraph 9, of the Federal Real Estate Registration Act of 13.07.2015 N 218-FZ.

The parties to the transaction must pay the notary only for registration of the transaction — 2,000 rubles (art. 333.33, para. 22, para.

Once the deal is registered in Rosreister, the gift will become the new owner of the share. The documents can be taken from the notary. Some notaries report it on the phone, some will have to call themselves.

Of course, it is possible to refuse the free services of a notary and to submit a contract for registration to the IFC or Reg.lata, which will be the same as 2,000 rubles (art. 333.33, para. 22, para.

Cost of notary services for discharge

The cost of the notary's entire donation is detailed by reference to https://prozhivem.com/kvartira/dolja/darenie/stoimost-oformlenija-u-notariusa.

What about the taxes?

If the giver and the giftee are not close relatives, the gifted person shall pay a tax on the gift in the amount of 13 per cent of the value of the gift (art. 217, para. 18.1 of the Tax Code of the Russian Federation); the giver shall not, in any case, pay any tax on the gift, even if he gives a near relative.

The gifter does not benefit from the transaction, but only the gifted person receives a share, and he pays a tax if he is not a close relative, and his parents must pay the tax for the minor, in accordance with article 6, paragraph 6, of the Covenant.

85 CNK of the Russian Federation, a notary, is required to send information on the transaction to the tax inspection within 5 days of its registration.

How do you rewrite the share of the apartment to a relative?

Share ownership of real estate implies that the apartment has several owners.

All have equal rights to use the common property of the dwelling, and the size of the share may be determined by the terms of the contract, the agreement between the right holders or by the law.

Our article will learn how to rewrite the share of the dwelling as a relative, and what nuances we need to observe in the form of documents.

In this case, joint or joint ownership may be established.

In the case of equity ownership, each owner has the right to dispose of his or her share, but the law contains certain conditions and restrictions that citizens must comply with.

Let us highlight the most common situations in which ownership of a share of the dwelling arises:

• Citizens ' participation in the privatization programme if an application to the municipal authorities indicates the emergence of joint property; family members may also choose joint ownership when shares in the apartment can be allocated at a later date by agreement between the tenants;
• Acquisition of housing under civil contracts where several persons are on the buyer ' s side (purchase of an apartment in the primary or secondary real estate market, receipt of an apartment by gift, etc.);
• The division of the apartment between the former spouses of the divorce process;
• The succession of property rights left after the owner ' s death.

At the time of purchase, citizens may provide immediately for the amount of the shares that will be taken over by them; in other cases, the same amount will be determined as the share which may subsequently be changed by agreement between the owners.

As proof of ownership, citizens are given a right-making document – a certificate of right (issued prior to July 2016), an extract from the State Council of EGRN (now issued), a certificate of right to inheritance; these documents will be required for any legally significant action, including the reform of the right to share in favour of relatives.

Every owner of a share has the right to dispose of it at his or her own discretion, and a variety of refunds and free transactions may be used, and the owner of the share may convert it to any person, including relatives or other citizens.

Ways to Reform Rights

Based on the content of the civil law, the following options can be identified:

• The conclusion of a refund contract of sale — the parties themselves determine the value of the share, the procedure for notifying other owners before registering the contract, and the certification of the contract in a notary office;
• The issuance of the gift is the right of the owner to choose who to give the share to, and the requirement to notify the other owners is not applied;
• The writing of a testimonial form - the owner will, in the course of his life, indicate which of his or her relatives will be able to obtain a share;
• A redistribution agreement — in which case the owners may substantially change the size of the shares at their discretion, but the full share cannot be transferred.

In each of the options listed, a formal document — a contract, will, agreement, etc. — should be issued. In order to avoid errors and avoid all possible risks, it would be appropriate to assign documents to a professional real estate lawyer.

All real estate transactions must be registered with the Rosreesta service, except for the transfer of will rights, in which case the heirs will apply for registration after the owner ' s death.

How do you rewrite the share to a relative under a sales contract?

It is up to the owner of the share to decide on the conditions under which it is to be rewritten by a relative, whether for a fee or free of charge. If a decision is made to transfer the share with payment of its value, a sales transaction is made. To do so, a number of mandatory conditions must be met and many nuances must be taken into account:

• In the case of a contract for the sale of the share, it is mandatory to notify all other owners of the dwelling of the pending transaction, in which case the other shareholders have the right to buy the share at the same price;
• If, within a month, other contributors have not exercised the right to a higher ransom, the transaction shall continue with the original buyer (the refusal to acquire the share may be made earlier than the month);
• After compliance with the notification procedure, the contract for the sale of the share must be certified in a notary office; among other things, the notary will verify that the other owners of the dwelling have been notified;
• Once the contract has been properly notified and certified by the notary, the parties may apply to the Rosreestra Registry and secure the transfer of ownership of the share.

Failure to comply with the notification and certification of the contract by a notary office will be grounds for refusing registration.

When a relative sells a share, it does not matter whether he or she is part of the owners of the dwelling, and the contract may be concluded with persons who are not entitled to the dwelling; and if the buyer is a relative who owns another share of the dwelling, the amount of the portion will be increased after the contract has been registered.

How do you rewrite the share of a gifted relative?

The most frequent transfer of the share of the dwelling to the relative is based on the terms of the gift, which is justified because family and family relations tend to be of a trust and free nature; the conclusion of such a contract will be an entirely legal transaction.

The distribution between relatives is characterized by the following nuances:

• The transaction is of a non-reimbursable nature, i.e. there is no remuneration or service;
• Under the terms of the contract, the grantor may retain the right to reside in his or her part of the dwelling;
• There is no need to notify other owners of the dwelling for giving, as this requirement applies only to exchange contracts;
• The contract must be certified at the notary office before applying for registration with the Rostreestra service.

If the contract provides for the residence of the giver in part of the dwelling, this shall not be regarded as a reimbursable service.

It is better to give a share than a bequest or a bequest.

In order to properly record this condition of the contract as well as other important points, please seek the assistance of a lawyer while preparing for the transaction.

Transfer of the will portion

It is not lawful for a person to make a bequest or a bequest or a bequest or a bequest or a bequest to be held secret until the death of the owner.

It should also be borne in mind that the will is subject to the compulsory share rules; even if a particular beneficiary of the property is identified, a number of persons (e.g. minor children) can claim some of the inherited assets and the will share can be reduced.

Procedures for processing documents

In order to register sales or shares, relatives are required not only to comply with the above conditions, but also to submit the following documents to the Rostreestra Registry:

• Completed application form for registration actions;
• General civil passports and birth certificates (depending on the status of the parties to the contract);
• Trust in the representative if the parties have opted for such a transaction;
• The right-setting documents for the accommodation (certificate of right, discharge from the State Council of EGRN, etc.);
• Original contract for the sale or donation of shares certified in a notary office;
• Evidence of compliance with the notification procedure when selling the share;
• A payment order confirming the transfer of the State Ministry in the amount of 2,000 roubles.

After registration at the Rosreestra Service, the new owner of the share will receive a discharge from the EGRN and be able to take over the owner ' s rights.

In order to avoid difficulties and legally transfer the share of the apartment to a relative, all actions must be carried out with the assistance of a lawyer. By contacting our specialists via telephone or online chat rooms, you will receive full legal support and assistance in the processing of documents, as well as assistance in registering in Rosreestrester.