Can a husband give his wife his share in the apartment and vice versa, how can he transfer his share in the apartment to his spouse, wife, husband in 2023

Families often come to the conclusion that the apartment should be owned by one of the spouses , and not in the shares of each of them.

The next question is: is it problematic for one of the couple to give the other his share, and what is the correct thing to do in this case?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (499) 938-44-61. It's fast and free!

Read on our website about how to register an apartment as a gift to a close relative, what documents are required for this, and how to correctly draw up and conclude an agreement.

About the opportunity

Can a husband give his wife his share of real estate? Or can a wife give it to her husband? This possibility really exists .

• Residential real estate acquired during the marriage is considered jointly acquired , common, and is divided in half.
• However, when allocating a share, this does not mean that the part is necessarily 50% - it can be anything.
• If one of the couple has learned about his illness and wants to protect his life partner from sharing his home with insufficiently well-educated children, then donating a part is an excellent way to protect the property from attacks.

You can learn how to draw up a deed of gift for living space between spouses from our article. Read also about how donated real estate is divided after a divorce.

The legislative framework

What laws govern it? The donation of a part of a home is procedurally almost identical to the same transaction only for the entire property (Civil Code of the Russian Federation, Article 572, paragraph 1) and requires a written agreement with subsequent registration.

Family Code of the Russian Federation Art. 34, 39 provides for the very possibility of donating a share of housing to a spouse, but limits the amount, allowing the gift of no more than ½ , that is, half of the jointly acquired property belonging to each, in this case, residential real estate.

If we are talking about the share of housing owned personally by one of the spouses , then there are no restrictions on the disposal of your personal property.

Read our article about how to challenge or cancel a gift agreement.

Grounds for concluding an agreement

In order for one of a married couple to be able to donate part of the housing to his spouse, there must be a basis - a document establishing the right to own the share - for example, a certificate. To give a gift to your partner, you need to have something to present.

Who should be present at the registration? The presence of both spouses at the time of execution of the contract is mandatory.

1. Drawing up a gift agreement is not a particularly complicated procedure, and it can be carried out without the involvement of outsiders.
2. But still, it is better to entrust this matter to a professional lawyer, a notary, since ignorance of some nuances can lead to undesirable consequences.
3. This option for drawing up a contract is more expensive, but also more reliable and correct: if legal proceedings are pending, then such a document can be very useful.
4. The deed of gift may be simple, but it is better if it is drawn up by a specialist.

Where to start, where to turn?

First, you need to discuss all possible, both desirable and undesirable, options for the course of events, and it is better to write down the questions that arise on paper: this way, citizens ignorant of the nuances of jurisprudence will be able to remember to ask the notary all the questions that interest them in order to clarify the wording.

You should also find out what documents are required and order the missing certificates, then make copies of all the papers and go to the notary for the deed of gift.

Where is it issued? The deed of gift is drawn up by a notary ; the presence of both parties is required. Having added the document to the rest of the package of papers, you should send it to the registration authority at the location of the residential real estate (Article 574 of the Civil Code of the Russian Federation, Article 131 of the Civil Code of the Russian Federation).

This body is called Rosreestr. There is an option to contact the MFC, where you can sign the papers and submit them for registration, and the actual registration procedure is carried out only at the Federal Registration Service.

Submission of documents

What documents are required? The list of documents includes the following papers:

• passports of spouses;
• deed of gift;
• title documents for apartment shares;
• a check confirming payment of the state duty;
• cadastral passport of the dwelling (if you have not received it before, you should pre-order it from the cadastral chamber of Rosreestr);
• a certificate of persons registered in the living space (this is form No. 9, issued by the housing department);
• certificate of inventory value of housing (obtained from the BTI);
• application from the donor to register the transfer of ownership rights to the share to the recipient;
• application from the recipient for registration of ownership rights to the acquired share;
• consent of other co-owners, if any, to the transaction.

This is the main list of papers.

For example, a certificate about the number of people registered is not always required, but if the citizen receiving the gift does not live in that apartment and is aware of the state of affairs only in words, then it would be nice to get such a document at least for yourself.

Where to submit documents? They submit documents through a single window, where the registrar will check all the data with the original passports, making sure that in front of him are exactly those citizens whose data is included in the deed of gift and in the applications.

Here they will be told exactly when they need to come to receive the completed documents after the registration procedure.

Receipt times and cost

The deadline for receiving completed documents is about 10 days from the date of submission of applications and deeds of gift.

The state fee for registering a gift agreement is 2000 rubles.

A notary is paid differently for his work, depending on the status of the locality and the popularity of the notary. This amount ranges from 2 to 8 thousand rubles .

Read our article about whether you need to pay tax when making a gift to a close relative.

Failure Cases

When can they refuse? The Federal Registration Service may refuse a service for the following reasons :

• the gift agreement was drawn up incorrectly;
• there are inconsistencies in the certificate of ownership and cadastral passport regarding the area of ​​housing;
• not all co-owners gave consent, etc.

Having received a refusal, you should not give up on the absolutely correct decision to transfer ownership rights to your significant other; you should try to eliminate the comments issued and try again.

Features and nuances

There are no questions if the spouse gives his own property, which belongs to him personally, and a completely different meaning if the gift is jointly acquired property.

Real estate in joint ownership: how to donate a part? This case presents a legal paradox , because housing is joint property, and when giving his share to his spouse, the donor is obliged to ask the recipient for permission to do so.

To successfully resolve this problem, you need to first allocate the shares, and only then donate a specific one; without allocating the marital share, the registration will not be allowed at the Federal Registration Service.

If a gift agreement has been drawn up, but has not gone through the registration procedure and ownership rights have not been transferred from one spouse to the other, then it turns out that there is actually no gift , there is only an intention to make it.

In fact, drawing up a deed of gift is the most convenient and inexpensive option to transfer your property in the form of a share in an apartment to your spouse, since this action is exempt from taxes.

You can find out what documents are required to formalize the donation of a share of an apartment to a spouse from the video:

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Can a husband give his wife his share in the apartment and vice versa?

Let’s say if a spouse is seriously ill, there is a difficult division of property ahead, a showdown with relatives - or if he simply wanted to transfer square meters to his other half. Is there such a possibility, and how to competently organize such a process - further in our article.

Is there such an option?

Before providing an answer to the question posed, it is worth deciding on the options for your existing property:

1.      Housing was purchased in a marriage relationship - that is, it is jointly acquired property.
2.      The owner of the home is only one spouse.

Based on legislative provisions, jointly acquired property in the form of an apartment or house is common to both spouses. The main condition is the allocation of marital shares, followed by donation of them to your husband (wife). There is no need to transfer part of the housing to the other half in that situation if she already has the right to half of the apartment - in fact, there is no point in this.

If housing is owned exclusively by one spouse, he has the right to donate a share to his other half without additional conditions. The gift amount depends only on the owner, since only he can distribute his personal property (based on the provisions of clause 1 of Article 209 of the Civil Code of the Russian Federation).

In order to allocate a share from the common housing, all other co-owners must agree to this. But the share is transferred to the second spouse free of charge. That is, obtaining consent in such a situation is not required.

Thus, the husband’s donation of his share in housing to his wife is completely legal and possible. Now let's talk about the conditions under which such a procedure is possible.

Conditions for donating a share

Previously, we found out that a husband and wife have the right to donate shares in housing to each other. Now let’s study the conditions of such procedures.

The donation agreement requires compliance with the following conditions:

1.      The share is transferred to the second spouse free of charge - and this process is the same as a standard gift of real estate.
2.      A gift can only be made if the donor is the owner of the transferred part of the apartment. If the husband does not have a title document, there will be no transaction.
3.      Form – written only.
4.      Both spouses must have a desire to conclude the transaction in question - with a visit to a specialist.
5.      It is not necessary to inform co-owners about the transaction.
6.      The transfer of the share is reflected in Rosreestr; until then, the transaction is not considered officially concluded.
7.      Property can be given as a gift only while the donor is alive.

Methods for transferring a share in housing to a second spouse

The husband and wife have the right to choose one of the following methods of transferring the share:

•  with the help of a notary;
•  through the MFC or Rosreestr.

Method No. 1 is very expensive. For such a transaction, a notary can charge up to 30,000 rubles. If you complete the transaction yourself, you can save a lot.

Step-by-step instructions

Anything can happen in life, so step-by-step instructions may differ - depending on each specific situation.

Let us give an example of instructions on how to donate part of a residential premises in the event of advance allocation of shares:

1.      Determine the amount of the transferred part of the apartment.
2.      Have a conversation with your other half about the upcoming deal.
3.      Draw up a preliminary donation agreement (its draft).
4.      Visit a notary to have him register your transaction.
5.      You draw up a deed of gift.
6.      Complete the registration process at the MFC or Rosreestr.
7.      Take an extract from the Unified State Register of Real Estate.

There is nothing complicated in the instructions, but it is better to receive certificates and statements promptly, without delaying time.

Features of the procedure

Such a process contains a mandatory condition - the transaction must be certified by a notary. This requirement was introduced in 2016.

Spouses must identify:

•  what part of the housing is transferred to the other half;
•  visit a notary or there is no point in this (for example, if one spouse is the owner of the home, a notary is no longer necessary to conclude a transaction);
•  Is it necessary to allocate a share or has it already been allocated?

After this, the husband and wife draw up a donation agreement for a share of housing (using a sample). If a notary is needed, the transaction is postponed for some period of time. In such a situation, it is recommended to draw up a preliminary gift agreement.

This intention makes logical sense in a situation where the shares of the husband and children are allocated according to maternity capital. In other words, at the time of collecting documentation, contacting various government agencies, and so on.

At the last stage, an extract from the Unified State Register is issued indicating that ownership of a share in the residential premises has been registered. A copy is given to the spouse to whom part of the apartment was transferred.

What documentation will be required?

Thus, we have listed where the documentation must be submitted in order for the transaction to be approved. Now let's talk about the list of documents.

List of documentation:

1.      Passports of husband and wife.
2.      Information about marital relations - that is, a marriage registration certificate.
3.      Documentation for housing (share in it) - a title document (for example, a purchase and sale agreement) and registration (we can talk about a certificate).
4.      Registration certificate for the apartment.
5.      A new extract from the Unified State Register of Real Estate (it contains cadastral information) - as a rule, the request for this document is carried out by the notary himself, since it reflects the value of the share being donated.
6.      Information about registered citizens - we are talking about an extract from the house register.

Prepare all documentation in advance. As soon as the notary approves it, some part will need to be submitted to Rosreestr:

•  3 copies of the donation agreement;
•  applications filled out using a template form;
•  ID cards;
•  payment receipt.

Applicants are required to submit documentation to the MFC and receive a receipt indicating that their documents have been accepted. The specialist will tell you when the extract the spouses need will be ready.

What should a gift agreement consist of?

The composition should be like this:

1.      Where the contract is drawn up, information about the parties: full name, passport details.
2.      What is the subject of the transaction: information about the owner of the property, the share, address of the premises, floor, title documentation.
3.      Text of the obligation: transfer of a certain share on specific conditions (if any).
4.      What spouses should and have the right to: what the donor is obliged to do, what functions the recipient has.
5.      Other nuances: information about arrest, bail, registered citizens, and so on.
6.      Signatures of both parties.

Time frame

There is no need to worry about the timing of the contract. The deal doesn't take long to complete:

1.      The notary approves the contract on the same day when he is contacted.
2.      It takes about 15 minutes to submit an application through the MFC to Rosreestr.
3.      The registration process takes from three days to one week (if Rosreestr is responsible for the transaction) or from seven to ten days - if MFC specialists are involved in the matter.

You can find out whether your documents are ready on the State Services portal.

Payment of state duty, costs

Do not forget that transferring a share of housing as a gift between husband and wife is far from a free process. Applicants will be forced to pay a notary and pay state fees for the registration process.

Expenses:

1.      Certification of the agreement by a specialist - the amount is affected by the cadastral value of the share (0.5% of the value of the gift).
2.      Reflection of additions in the real estate register – 2,000 rubles.

Taxes

Legislative acts of the Russian Federation provide preferences to close relatives - they have the right not to pay tax on income received as a gift. Some believe that a husband and wife are not close relatives, that is, they will have to pay 13% personal income tax for the registration of a gift. So what is the legal situation?

The official conclusion of a marriage relationship by spouses allows them to be considered family members (based on the provisions of Article 2 of the RF IC). That is, a married couple, like close relatives, is not required to submit a declaration to the tax authority (to pay tax). Where can I get proof of my status? Just give the specialist a copy of your marriage certificate.

If spouses are divorced, they are no longer family members. That is, if an ex-husband gives a share in housing to his ex-wife, payment of tax is mandatory.

Is it possible to refuse to transfer a share to a spouse?

Even the “cleanest” transaction for the donation of a share in housing can be blocked by the Rosreestr body.

Situations in which it is not possible to register a deed of gift:

1.      If the contractual terms clearly do not comply (for example, the share is transferred to the spouse, but the baby is listed in the agreement).
2.      If technical and cadastral information about housing do not match. That is, parameters such as: area, size, share, and so on.
3.      If there is no legal documentation for housing.
4.      If other owners do not give their consent.
5.      If the form is violated, the deed of gift was not registered by the notary.

Summarizing

1.      According to Russian legal provisions, husband and wife are members of the family. That is, they do not need to pay tax for donating a share of housing.
2.      Spouses have the right to register a “gift” in the following situations: if they own residential premises both jointly and personally.

3.      A deed of gift for a share in housing must be certified by a notary.
4.      Notary state fees vary in size - it all depends on how much the allocated share costs.
5.      Donation is a gratuitous transaction.

6.      If the existing routine is violated, the registration process will be denied.

It is difficult for those spouses who lack legal knowledge and skills to give shares on their own.

The fact that the transaction will be successfully registered cannot be guaranteed by even the most experienced notary. It is for this reason that it is better to immediately use legal assistance.

The lawyer will tell you what needs to be taken into account during the entire procedure, provide advice on documentation, and help with drawing up an application. In a word, it will save your time and money.

How to give part of an apartment to a wife from her husband and vice versa

A gift agreement is common between relatives, such as spouses. You can donate jointly acquired property or personal property of each family member. Such real estate transactions are tax-free and allow you to effectively manage expensive property.

The spousal deed of gift has some design features that must be observed. Donating a share of an apartment between spouses is permitted by law and is a fairly common legal procedure.

Why is donation in demand?

Most often, we talk about a deed of gift when one of the spouses decides to protect their half from the possible division of their share of property after death. The heirs of the first priority according to the law include the parents, spouses and children of the owner of the property. In other words, the spouse's share will be divided among those whom he does not want to see as heirs. Even if there is a will, there is the concept of obligatory heirs, who are entitled to a part of the inheritance.

To avoid such unpleasant and controversial moments, the spouse gives his part of the property to the one he chose during his lifetime. It should be taken into account that the spouses’ shares are not always 50%, that is, half. The presence of a marriage contract allows you to change the share ratio, so you can donate only part or all of the due share.

The spouse can dispose of his personal property, which he owns independently of the second family member, also write a deed of gift and transfer ownership at his own discretion. It must be remembered that property donated to one of the spouses during a divorce is not subject to division, regardless of whether the donor was a close relative.

Basic provisions

How to give part of an apartment to a wife from her husband and vice versa? The procedure is exactly the same as for a donation agreement for the entire apartment. The sequence of steps when the agreement drawn up by the participants is signed and subsequent registration in Rosreestr is the same. The only difference is in the documents presented, which reflect part of the property. For example, a family member has a personal share certificate for part of the common property.

In this case, the wife must give notarized consent to the alienation of the apartment’s share. At the same time, the wife acts as the recipient of the property and agrees to receive the gift.

Without the consent of the recipient, it will not be possible to donate an apartment; the agreement will be recognized as an invalid document.

If spouses have a common, single certificate for an apartment, without allocated shares, it is recommended to initially make two independent documents.

The procedure of donation implies a transaction without payment, which does not require material gratitude. Quite often, donations are made under conditions that do not require payment.

For example, the condition of lifelong residence and registration of the donor or another citizen indicated by him is widespread.

Thus, the spouse frees his other half from possible inheritance disputes and, at the same time, receives a guarantee of his lifelong residence in the apartment.

According to existing rules, the agreement comes into force after registration with Rosreestr.

There are no restrictions on the timing of visits to Rosreestr, but if during the life of the donor the transfer of ownership is not completed, then the property passes into the inheritance estate.

You can donate 1/2 of jointly acquired property; personal ownership of other real estate has no restrictions on the amount of donation. The subject of a gift can only be property; other provisions do not provide for the transfer of rights in Rosreestr.

How to give part of an apartment to a husband from his wife? You must have a certificate of ownership of a share in joint property.

Registration procedure

You can create a deed of gift yourself by filling out the required fields. The subject of the agreement, technical characteristics, and personal data of the participants must be indicated. If necessary, special conditions are written and signed by the parties. You can have the deed of gift certified by a notary; a specialist will check the text of the document and give his recommendations.

Data on the signed agreement will be entered into the book of deeds, which will increase the legal significance of the transaction.

The service is paid, but the costs will be recouped by the absence of controversial issues and reduced risks in possible lawsuits. The notary will certify with his signature the absence of doubtful aspects and the legal capacity of the donor.

You can first consult about the nuances of the transaction and the correctness of entering data into the gift agreement.

After signing, the deed of gift is submitted for registration to Rosreestr or MFC. The choice of structure depends on the preferences of the couple; in the latter case, processing the request is somewhat slower.

In both cases, a standard application is written and a copy of the gift agreement is attached. The application is signed by both parties, passport data and technical information about the subject of the donation are entered.

The package of required documents includes a certificate of marriage and ownership of the object of the contract.

Technical documents include:

• cadastral passport for the subject of the contract;
• extract from the BTI;
• certificate of family composition;
• receipt for payment of state duty.

The number of attached documents must fully reflect the condition of the donated item. A certificate of the composition of residents provides information about all citizens registered in a given area.

If desired, spouses can order an extract from the Unified State Register of Real Estate, which is available to everyone upon request.

You can check all the essential data on the apartment, including the cadastral value and number of owners, the presence of encumbrances.

Currently, a certificate of ownership is not issued, but the recipient receives an extract from the unified register with the signature of the executor and the official seal.

Deadlines for receiving new documents

In a standard situation, it will take 10-14 days to issue an extract from the Unified State Register indicating the new owner. Registration of a deed of gift will require payment of 2 thousand rubles to the treasury, while property tax is not required to be paid, since we are talking about a related gift. It is to prove the marital relationship that a marriage certificate must be attached.

A civil marriage does not provide the opportunity to gift property without paying tax. If a deed of gift is notarized, you will have to pay a percentage of the cadastral value of the subject of the agreement. For relatives, this percentage is 0.3% of the property valuation, so you should first familiarize yourself with the prices and provide a cadastral extract indicating the price.

Possibility of refusal

Registration of a deed of gift may be refused if a discrepancy is identified in the package of documents. A common reason is discrepancies in the personal documents of applicants, for example, an expired passport. Sometimes participants skip the requirement to obtain notarized consent of all owners or other mandatory conditions of registration.

The employee is obliged to point out any errors found and explain any complaints that have arisen. If the applicant does not agree with the requirements, the conflict can be resolved in court. To apply to justice, you must attach to the claim an official letter stating the reasons for the refusal. A court decision that is positive for the plaintiff will become mandatory for execution by state registration authorities.

Features of spousal donation

Can a husband give his wife his share in the apartment or vice versa? Yes, but the details will depend on certain facts. Different documents will be required if we are talking about personal or joint property. If the property belongs personally to the spouse (purchased before marriage, gifted or inherited), then there is no need to formalize consent for the gift. The second spouse has no legal rights to these properties.

In order to donate a share of joint property belonging to the donor, it is necessary to obtain the consent of the co-owner, who is also the recipient of the gift.

This legal paradox must, however, be strictly observed by the parties to the transaction. Deviation from the established rules will lead to refusal to register the deed of gift.

Without the final step, the contract will not have legal significance, this is just the intention of the parties.

Having decided to dispose of a share of joint property, it is necessary to allocate actual ownership, obtain a document for your square meters of living space and dispose of them safely. The rule applies in any case with a single certificate and several share owners. The procedures for obtaining a separate certificate can be lengthy, sometimes requiring judicial review and the allocation of a share in court.

The full duration of the procedure will depend on the available documents and receipt of all required certificates and certificates. Directly concluding a gift agreement between spouses will not take much time, but allocating a share, collecting and issuing technical passports for real estate can take a long time.

For example, the couple decided to dispose of the property in this way, but it turned out that there was no cadastral passport for the apartment and the technical passport was out of date, the redevelopment was not legalized, and other important documents were missing. First of all, you will have to restore and obtain new documents, which sometimes takes a long time, especially in controversial situations.

Since the agreement is drawn up between relatives, all issues regarding documents and registration can be resolved faster, no approval or additional negotiations will be required. Both participants participated in the initial purchase of the apartment and can go through the donation process without complications or legal disputes.

Possibility of canceling deed of gift

After registration with Rosreestr or MFC, the property receives a new owner who has all existing rights and obligations. After registration, you can challenge the donation if there are serious grounds in court. This may be fraud proven by the plaintiff, coercion or blackmail on the part of the recipient, that is, the spouse. If there are no compelling reasons, the case will not be accepted for consideration.

The recipient has the legal right to refuse and return the property to the previous owner. You do not need to provide a reason for this, but you can take such a step within 3 years of acceptance.

For example, the spouse who received the share of the apartment decided to return the property and not be liable for the collateral and loan obligations imposed on the share of the apartment. Various life situations can happen when the recipient decides to terminate the agreement.

If a dispute arises, the court resolves the return situation.

It is enough for the applicant to provide the court with objective circumstances for a review to be opened and the agreement to be declared an invalid document. Therefore, the donation procedure requires special care and strict adherence to procedural formalities.

Apartment share donation agreement

Can a husband give his wife his share in an apartment in 2023: purchased during marriage?

Can a husband give his wife his share in the apartment? The legislation of the Russian Federation answers this question positively. In order to draw up a deed of gift, you will need to take several steps, including contacting an employee of a notary agency, the MFC or Rosreestr.

Basic information

Separate legal regulations apply to an apartment purchased during marriage.

It represents joint marital property, and a married woman initially has the right to claim half of this housing. So, if a divorce occurs in the future, the property will be divided in half.

But if the husband plans to donate his own share, then the woman will become the full owner of the apartment if the wife has her own share.

The owner has the right to donate an apartment purchased before marriage to his wife (both the entire home and a share), since in this case the property is the property of the man exclusively.

If the property was purchased with a mortgage, then the spouses will first need to fully repay the debt to the bank - until this point they do not have the right to make any legal transactions with the property.

The disadvantage of this situation is the fact that the mortgage is issued for a long period - approximately 10-15 years - and during this period of time the relationship between the spouses can seriously deteriorate.

If the spouses are not ready to wait until the debt is paid, they have the right, before directly applying for the loan, to agree that the mortgage is registered in the name of the wife, and payments will be made by both spouses. The disadvantage of this solution is that the man may stop providing financial support for the loan - in this case, the woman will need to rely only on herself.

How to give a share in an apartment to your wife

Spouses will need to contact an employee of a notary agency, the MFC, or Rosreestr. If shares in the apartment have already been allocated, then the procedure for carrying out the procedure consists of the following steps:

1. establish the size of the share that is transferred to the spouse;
2. negotiate a deal with your wife;
3. draw up a draft gift agreement;
4. contact a notary agency employee for registration;
5. complete registration with Rosreestr or MFC;
6. issue an extract from the Unified State Register of Real Estate.

The donation agreement for a share of an apartment is drawn up according to the model established by law. It is recommended to draw up a preliminary gift agreement if the spouses postpone the transaction for an indefinite period - for example, when allocating the share of the husband and children in maternity capital during the collection of documentation, contacting the Pension Fund of the Russian Federation and the department of guardianship authorities.

The notary can independently draw up the text of the deed of gift - all you need to do is familiarize the specialist with your own intentions, hand over all the necessary documents and sign the prepared form. The employee will enter the information into the unified register, after which he will put the appropriate mark in the journal. Some notaries offer the service of registering a transaction at the Rosreestr branch.

The final step is to obtain an extract from the Unified State Register of Real Estate, confirming ownership of the share of housing. The extract is handed to the woman - that is, the spouse in whose name the share is registered.

Grounds for refusal to carry out the procedure

The legislation identifies several grounds on which applicants will be denied the procedure:

• there are significant discrepancies in the terms of the agreement - for example, the text of the document indicates a minor child, while the spouses asked about donating a share to their wife;
• discrepancy in information about the apartment regarding technical and cadastral features - housing area, redevelopment, share size;
• provision of an incomplete list of documentation for residential premises;
• disagreement of other property owners - for example, children live in the apartment;
• failure to register a deed of gift with an employee of a notary agency.

Required documents

The spouse provides the notary agency employee with the following list of documentation:

• passports of spouses;
• marriage registration certificate;
• title documentation for the apartment or share in it (purchase and sale agreement, certificate or extract from the Unified State Register of Real Estate);
• registration certificate for the apartment;
• an extract from the Unified State Register of Real Estate containing cadastral information: most often, employees of notary agencies themselves request this document - the extract contains the cost of the transferred share, and the certificate must be issued recently;
• an extract from the house register, which contains information about the persons registered in the housing.

To contact Rosreestr or the MFC, you will need to prepare the following list of documentation:

• 3 copies of the gift agreement (more copies may be required);
• applications filled out using a special template;
• applicants' passports;
• payment receipt.

If applicants apply to the MFC, then after transferring the documents, the center employee will provide them with a receipt of acceptance. It will contain information about the approximate date the discharge will be ready, which the spouses will then need to pick up.

Sample donation agreement

You can draw up a gift agreement yourself, without a notary - in this case you will be able to save a significant amount of money.

The donation agreement will need to reflect the following information:

1. address of writing the contract, date (in numbers and signature);
2. information about spouses: full name, date and place of birth, passport details;
3. if the interests of the spouses are provided by trustees, information about them will also need to be provided;
4. text of the obligation: transfer to the spouse of a specific share and under certain conditions, if they are established;
5. property rights and obligations of husband and wife: what actions the donor will need to perform, and what actions the recipient will need to perform;
6. additional nuances: information about the possible seizure of property, provision of it as collateral, registered persons, as well as about the person who is responsible for paying the state duty;
7. signatures of husband and wife.

Download a sample agreement for donating a share of an apartment (to a close relative)

Timing of the procedure

The deed of gift is approved by an employee of the notary agency directly on the day the applicants apply. After visiting the MFC, the application will be considered within 7-10 working days, and if the spouses applied to Rosreestr, then registering the transaction will take 3-7 working days.

There are 3 ways to find out if the documentation is ready:

• the first is to use the government services portal in the section dedicated to the personal data of citizens;
• You can also contact a representative of Rosreestr by phone and find out when you can contact the institution to obtain an extract;
• if the documents were submitted through the MFC, then you can find out about the readiness of the certificate on the website of this institution by entering the details of the receipt for the receipt of documents in a special form on the portal page.

Payment of state duties and taxes

Do I have to pay for this? Yes, spouses will need to pay a state fee for registering the transaction:

1. for certification of the contract by an employee of a notary agency, you will have to pay 0.5% of the cost of the share, since the amount of the state duty depends on its price;
2. Making adjustments to the real estate register involves paying a state fee in the amount of 2 thousand rubles.

Additional services provided by notary agency employees are paid in accordance with the price list, and these, in turn, depend on the region of residence of the spouses. It is recommended to familiarize yourself with the price list in advance.

As for taxes, spouses do not need to pay 13% personal income tax for receiving a share under a gift agreement.

Close relatives are exempt from paying such taxes, and an officially registered union includes husband and wife among them.

If a husband plans to give a share in an apartment to his ex-wife after a divorce, then the woman will have to pay a tax of 13% of the value of the share.

Let's sum it up

Thus, the procedure for donating a share in an apartment depends on many features and nuances. It is not advisable to alienate a share in jointly acquired property - unless the husband plans to completely transfer the apartment to his wife. As for mortgage housing, the transaction will be carried out only after the loan debt is paid.

If you want to find out how to solve your particular problem, please use the online consultant form below or call :

Can a Husband Give His Share of an Apartment to His Wife?

If you, while married and without a prenuptial agreement, have registered an apartment in shares, namely ½ share of the apartment is yours, and ½ share belongs to your spouse, paradoxically, these shares will be your joint property. Specifically, in your ½, your spouse will have the right to ½ share, just as you, respectively, in his.

After this, each of you will have the right to independently dispose of your share in any way not prohibited by law, in particular, to donate it. In this case, the donation agreement for real estate registered as shared ownership must be certified by a notary. It is worth noting that the parties to the agreement in this case are exempt from paying tax.

Donation of a share of an apartment between spouses

• what share of the apartment does the husband give to his wife , and vice versa;
• go to a notary or not - for example, if the apartment belongs to only one of the spouses, notarial participation is no longer necessary;
• allocate a share or it is already allocated.

Private office clerks are engaged in drawing up deeds of gift on their own. Spouses only need to voice their intentions, hand over documents and sign the completed form. The notary enters information into the unified register and makes a mark in the journal.

One of the specialist’s services may be registration of the transaction with the Rosreestr authority.

How to give an apartment to your wife and how to properly draw up a deed of gift

1. The first paragraph of the contract indicates who the donor and the donee are, that is, the persons participating in the transaction. It is important to indicate the passport details of both parties, as well as the fact that the donee is the donor’s wife (this fact is confirmed by the marriage certificate, which is also indicated in the contract). We must not forget about the contact information of both parties.

2. The following describes the subject of the agreement, that is, the apartment that is being donated.
3. The next paragraph indicates the rights and obligations of the parties. All of them should be described in as much detail as possible.
4. Then the possible measures of liability in case of neglect of the clauses of the contract are listed, the conditions under which changes are possible are possible.

   If there are additional requirements of the parties to each other, they are also indicated.

5. At the conclusion, a list of documents that were attached is made, dates and signatures are given.

The Civil Code, namely its 32nd chapter, covers all issues related to the preparation of deeds of gift.

It considers donation as the alienation of property from the property of the donor and the gratuitous transfer of it to another person.

How to give your wife an apartment or a share in an apartment

According to Art. 36 of the RF IC, property that belonged to spouses before entering into a marriage, as well as a share of real estate received by one of them as a gift during marriage, is personal property.

Art. 572 of the Civil Code of the Russian Federation states that donation is aimed at the alienation of property from one person in favor of another. In Art. 574 of the Civil Code states that real estate transactions have legal force only if they have undergone state registration.

How to give part of an apartment to a wife from her husband and vice versa

A civil marriage does not provide the opportunity to gift property without paying tax. If a deed of gift is notarized, you will have to pay a percentage of the cadastral value of the subject of the agreement. For relatives, this percentage is 0.3% of the property valuation, so you should first familiarize yourself with the prices and provide a cadastral extract indicating the price.

In a standard situation, it will take 10-14 days to issue an extract from the Unified State Register indicating the new owner. Registration of a deed of gift will require payment of 2 thousand rubles to the treasury, while property tax is not required to be paid, since we are talking about a related gift. It is to prove the marital relationship that a marriage certificate must be attached.

Donating a share of an apartment between spouses: how to donate part of the housing from the wife to the husband and vice versa

If a gift agreement has been drawn up, but has not gone through the registration procedure and ownership rights have not been transferred from one spouse to the other, then it turns out that there is actually no gift , there is only an intention to make it.

Family Code of the Russian Federation Art. 34, 39 provides for the very possibility of donating a share of housing to a spouse, but limits the amount, allowing the gift of no more than ½ , that is, half of the jointly acquired property belonging to each, in this case, residential real estate.

Interesting read: Father's debt of alimony

Donation of a share of an apartment between spouses

The donation of a share of an apartment between spouses occurs by concluding a written agreement. Such transactions are subject to notarization. The draft agreement can be ordered from our lawyers.

Preliminary consultation is provided free of charge. The lawyer will tell you what you need to pay attention to when concluding an agreement and what consequences occur after entering data into the Unified State Register.

An application for consultation is submitted via the feedback form.

However, there is an exception. Co-owners of property are not always able to freely exercise their rights. For example, if the apartment is owned by three or four people. This happens when there are children or inheritance. A husband/wife can assign their share of housing to the second spouse only with the consent of the co-owners.

Can a husband give his wife his share in the apartment?

But before you think about how to give an apartment or a share in it to your wife (or husband) and enter into such an agreement, it is worth considering : like any document, it has its own pros and cons. And also get an answer to the question: if an apartment was purchased during marriage, is it divided during a divorce?

In some cases, completing a transaction takes longer. In this case, citizens should contact the registration authority to clarify the date of receipt of documents. At the agreed time, the parties to the transaction collect copies of the gift agreement. The donee additionally receives an extract from the Unified State Register for the apartment, which indicates that from a specific moment he is the owner of its share.

Can a husband give part of his share in an apartment to his wife or child?

Hello! The owner has the right to dispose of his property at his own discretion, so he can give his entire share or any part of his share to both you and the child.

But if the child is still very small, then my advice is better not to give, because... in the future, when you suddenly want to sell the apartment or make any transaction with it, you will have to obtain permission from the guardianship and trusteeship authority.

But this advice is up to you to decide.

Hello Olga! If you decide to conclude a gift agreement, I can help you draw up a gift agreement in accordance with the requirements of the registration authorities and tell you in detail how to go through the procedure for registering a transaction.

Can a husband give his wife his share in the house?

In this case, the real estate is considered the personal property of the one who entered into a gratuitous transaction (donation, privatization, inheritance). However, you should remember this: such housing can be recognized as joint property if during the barque period, through the efforts of one of the spouses, its value increased significantly. For example, expensive repairs were carried out.

5 main facts about apartment donation agreements 5 main disputes about the division of an apartment during a divorce As a general rule, property acquired by spouses during marriage is their common joint property.

This means that one spouse does not yet have this independent “half”: they are full co-owners of all real estate objects that are subject to this legal regime.

The wife's consent is required when the share in the real estate is joint property of the spouses. While married, one of the spouses acquired a share in real estate and registered it in his or her own name. Regardless of who the share is registered in, it is the common joint property of the spouses, and its disposal will require notarial consent.

Can a husband give his wife his share in the apartment?

As for your question about “can this sister, having changed her mind, re-will her share to someone else? “, this depends on the sister of your spouse’s grandmother, since the owner has the right to dispose of the property belonging to him at his own discretion. If in doubt, you can draw up a gift agreement, specifying in it the right of lifelong residence of the grandmother.

Hello! I have 2 questions. The apartment in which my husband and I now live once belonged to his grandmother. Shortly before her death, my grandmother bequeathed this apartment to my husband and her sister, 1/2 share each.

Can my husband donate his share to me and after the donation, in the event of a divorce, for example, can he claim or return it?

An apartment owned by his wife, how can a husband give his wife his share?

My answer is your feedback. Of course, the owner has the right to dispose of his property at his own discretion, but I will add that in the case of a gift of real estate between close relatives (which includes a wife and child), no tax is charged.

Confirmation of ownership is the corresponding certificate. If the apartment is jointly owned, then you must first allocate shares and register ownership of both spouses. After this, the husband can give his share of the property to his wife.

Can a husband give his wife his share in the apartment?

Option No. 2. Consider the donation option. Of course, a gift agreement is the easiest way to transfer your right to your wife or husband. But again there are nuances. The average mortgage term is 10–15 years. It is unknown what will happen during this time. Although it is possible to repay the loan ahead of schedule, this may also take several years.

But let’s say, theoretically, 10 years have passed, and the husband is ready to give his wife his ½ share of the apartment. After the transaction is concluded, the notary will transfer ownership of the property in favor of the wife. Of course, after the conclusion of the donation agreement, the right of joint ownership of the apartment will cease.

Consequently, the husband will not be able to claim the disputed apartment in court. Moreover, the husband’s refusal of a share in property through a gift can occur not only during marriage, but also at any time after its dissolution.

The statute of limitations for the division of jointly acquired property in court is, as a general rule, three years, but there are precedents for restoring such deadlines in judicial practice. Therefore, it is better not to delay the registration of real estate.

1. If spouses are owners of shares in an apartment and one of them decides to give ownership to the other, the transaction must be formalized according to the principle of a regular gift.
2. You can gift a share of an apartment to a spouse only if the spouses are the owners of separate parts of the housing.
3. All donation documentation must be made exclusively in writing.
4. When signing a gratuitous transfer agreement, the presence of both spouses is mandatory.
5. And the main condition for the admissibility of the transaction is the official right (confirmed by documents) of the donor to dispose of part of the real estate that he plans to donate.
6. Another important point during the procedure is to notify the owners of the remaining parts of the property about their desire to donate their share.

Can a husband give his share of the apartment to his wife?

1. Property that belonged to each of the spouses before marriage, as well as property received by one of the spouses during marriage as a gift, by inheritance or through other gratuitous transactions (the property of each spouse), is his property.

2. Personal items (clothing, shoes and others), with the exception of jewelry and other luxury items, although acquired during the marriage at the expense of the spouses’ common funds, are recognized as the property of the spouse who used them.

3. The exclusive right to the result of intellectual activity created by one of the spouses belongs to the author of such result.

Hello! I have 2 questions. The apartment in which my husband and I now live once belonged to his grandmother. Shortly before her death, my grandmother bequeathed this apartment to my husband and her sister, 1/2 share each.

Can my husband donate his share to me and after the donation, in the event of a divorce, for example, can he claim or return it?

If the apartment was given as a gift during marriage, is it divided between the spouses in the event of a divorce? Can a husband give his wife an apartment purchased during marriage, and how to draw up a deed of gift?

Let’s imagine that the husband’s godmother decided to give the apartment to the newlyweds, formalizing the gift to him personally. The newlywed will have to pay 13 percent of the appraised value of the apartment.

1. A document confirming the owner's rights to real estate.
2. Gift deed for an apartment or house. You can write it yourself or contact a notary.
3. Information from the house register.
4. Data from the BTI on the valuation and cadastral passport.

09 Jun 2023 uristland 50