How to sign a donor out of a donated apartment

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Donating an apartment is a fairly common procedure, as a result of which one person transfers his property to another free of charge. However, often after registration of ownership of the new owner, it becomes necessary to register the donor. Is it possible to do this and how to exercise such a right - read this article.

Reasons

The very possibility of deregistering the donor is defined in Article 292 of the Civil Code of the Russian Federation (clause 2). In this case, a transfer of ownership occurs, and only on this basis the new owner has the right to deprive the donor of registration.

Of course, provided that he is not his close relative. However, relatives can also be discharged if desired.

So, for example, he can be deprived of registration if such a relative:

• Doesn't pay for utilities.
• Uses the apartment for other purposes.
• Disturbs public order.
• Does not live permanently in this apartment, and so on.

Once again, it is worth clarifying the fact that if the donor is not a relative and does not have any other rights to this housing (for example, the right of lifelong residence), then he can be evicted from the apartment on the basis of the above paragraph of the law. There is no need to put forward additional reasons for this.

Regardless of the grounds and features, for eviction and discharge you will have to go to court and receive an appropriate decision. An exception is made only for persons serving in the army or serving a sentence.

Example : The donor is not a relative and for some reason wants to make the recipient happy with his apartment.

He draws up a gift agreement and transfers ownership rights to another, completely stranger, individual. At the same time, the donor does not want to move out. The recipient, having received the gift, does not think of refusing it, but does not want to live with the donor. After spending some time and going to court on the basis of Art.

292 of the Civil Code of the Russian Federation, the new owner has the opportunity to evict such a person.

Most often, this is a sharp deterioration in the financial situation, a direct threat to the life of the donor from the recipient (or even murder, in such a situation the procedure for canceling the gift is initiated by the relatives of the deceased), and so on.

Thus, before starting the procedure, it is worth checking how this will affect the donor, and whether this will give him the right to cancel his gift.

Separately, it should be noted that the donor can, of his own free will, check out of the apartment, but in this case this is not relevant, since the recipient does not have to do anything at all for this.

In practice, most often the forced deregistration of a donor is carried out when this person simply does not want or cannot engage in the voluntary deregistration procedure (for example, he works in another city, has disappeared, and so on).

Procedure

The procedure presented below and all the features of the procedure take into account the fact that the donor refused to voluntarily check out of the apartment he donated and the fact of his deregistration does not give the person any opportunity to terminate the gift agreement. In this case, it is not particularly important whether the donor is a relative or not. It’s just that if he is still a relative, the package of document evidence will be a little more extensive. Instructions for registering a donor:

1. Register ownership of the received housing.
2. Prepare evidence documents for the eviction of the donor.
3. File a claim.
4. Submit the claim and documents to the court.
5. Pay the state fee.
6. Get a court decision.
7. Based on the decision to expel the donor from the apartment.

How the process works

Let's take a closer look at the entire process described above. Registration of property rights must be the first step without fail, since without this registration the donee still has no rights to evict anyone. To register your property as a property, you must contact any branch of Rosreestr with your passport and gift deed.

The next stage is negotiations with the donor. First you need to try to convince him to check out “in an amicable way.” At least in order to accurately understand the impossibility of this.

Further, if a refusal follows, it is necessary to file a claim against the former owner of the apartment with a requirement to check out voluntarily on the basis of current legislation.

This is usually given 1 month or more, at the request of the applicant.

Formally, you can try to do without it, but then the court will have a completely logical question: has the new owner tried to solve the problem pre-trial.

And if not, why not? Words that the recipient had conversations and asked to be discharged will not be taken into account. Every action and word must be documented.

If there is no response to the claim within a month or the donor immediately refuses to comply with the requirements, you can prepare a claim and go to court.

This document is quite difficult to draw up, because you need to take into account all the features of the legislation. You can use the sample below as a basis, but it is always better to seek help from an experienced lawyer.

So the risk of missing or, conversely, indicating something important tends to zero.

At the same time as preparing the claim, evidence should also be prepared. Their list can be very extensive and directly depend on the current situation.

Example: If the donor is not a relative and does not have the right to live in the apartment in question, it will be sufficient to confirm the transfer of ownership (donation agreement, new extract from the Unified State Register, etc.).

But if the donor has the right to live in an apartment, then he will have to prove that, for example, he does not pay for utilities, uses the housing incorrectly, and so on. Let us remind you once again that no one will believe anyone’s words.

We need documentary evidence, photographs, videos, checks, receipts, and so on.

After filing a claim, you will have to wait until a court hearing is scheduled. It is highly recommended to attend in person. As practice proves, this way you can influence the court’s decision and, most likely, turn it to your advantage if something goes wrong.

Only now, having in hand a court decision that has entered into force, can you contact the MFC (My Documents) and demand that the donor of the apartment be forcibly discharged. After deregistration, the donor must be informed about this and required to leave the apartment. If he refuses, you can contact the bailiffs or the police.

Statement

The statement of claim for the donor’s expulsion from the apartment must comply with Article 131 of the Code of Civil Procedure of the Russian Federation and include the following information:

• Header: this describes who is sending the application, where and regarding whom (who will be the defendant in this claim).
• Main part: This section describes the current situation.
• Requirements: here the applicant proves that he is right and puts forward specific demands on the defendant.
• Attachments: here is a list of documents attached to the claim, including the evidence base.

The claim ends with the applicant's signature and date.

Sample

Download a sample statement of claim to extract the donor from the donated apartment

Documentation

To register ownership of donated housing, you will only need the recipient’s passport and a donation agreement. But in order to go to court and deregister the donor you need:

• Passport.
• Donation agreement.
• Certificate of ownership (now this is an extract from the Unified State Register of Real Estate).
• Receipt for payment of state duty.
• Evidence that the plaintiff is right (for example, a certificate from the management company (management company) about the presence of debt for utilities. The list is very variable and depends on the basis on which it is planned to write out the donor.
• Power of attorney for the representative and his passport (if required).

For registration at the MFC (My Documents), you will need the applicant’s passport, documents confirming the right of ownership of housing and a court decision. Alternatively, you can contact the passport office rather than the MFC; the list of documents in both cases will be identical.

There is also the option of checking out through the State Services portal, but it is aimed at ensuring that a person checks out on his own or registers at a specific address. It is possible to register someone else, but it is very difficult and this is mainly relevant only for deregistration of minors.

Example: Petrov S.V. gave it to his friend (but not relative) G.A. Semenov. his apartment with the expectation that Semenov will bear all the costs of maintaining the housing (pay utilities and taxes, make repairs, and so on). However, these requirements were not formalized by any agreement.

At the same time, Petrov S.V. planned to live in the same apartment, without participating in any way in its maintenance. For some time this suited Semenov, but gradually he came to the conclusion that Petrov was simply using him. Semenov asked Petrov to check out of the apartment and move out, because Petrov had other housing. But the donor refused.

He felt quite comfortable “on the neck” of the current owner of the apartment. Semenov filed an official complaint, went to court and won. After that, he forcibly discharged Petrov and, with the help of bailiffs, forced him to move out.

Petrov’s attempts to cancel the gift agreement were not successful, since there were no real grounds for this.

The timing largely depends on the complexity of the case, the characteristics, activity of the applicant, the workload of the court and many other factors. It is very difficult to name specific numbers, but, on average, the entire discharge procedure takes about 5-6 months:

• Registration of ownership: about 1 week.
• Claim: from 1 month or more.
• Trial: about 2 months.
• Entry into force of the court decision: 1 month.
• Forced discharge: up to 1 month or more, depending on the situation.

Price

An approximate list of expenses for registering an apartment donor:

• Registration of ownership of housing: 2000 rubles per person.
• Registration of a new extract from the Unified State Register of Real Estate (needed to confirm ownership): 350 rubles.
• State duty when submitting documents to the court: 300 rubles (clause 3, clause 1, article 333.19 of the Tax Code of the Russian Federation).
• Power of attorney for a representative: from 2 thousand rubles or more.

In this case, the extract itself is absolutely free. One should also take into account the fact that in some cases the court may force the plaintiff to bear additional costs associated with the eviction of the donor. For example, pay him rent for another apartment for a period of 1-2 months, so that the person has time to decide where to live next. However, this is the exception rather than the rule.

The procedure for deregistering a donor can be quite a complex task, and many nuances and features will arise immediately after the person goes to court. At a free consultation, experienced lawyers will tell you what you need to consider and what to pay attention to in order to avoid controversial situations. They can also represent the client's interests in court. As practice proves, the help of a qualified specialist almost always leads to the fact that the client receives exactly the solution that suits him.

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Can I expel a relative from the apartment given to me?

nito/Fotolia

He answers. O. Elena Mishchenko, head of the urban real estate department of the northeastern branch of the NDV-Real Estate company:

Such actions are possible with the consent of the relative to the discharge or by a court decision, if there are grounds for this. It is necessary to take into account the situation itself and the documents on the basis of which the relative was registered.

For example, according to the law, the right of lifelong residence is given to citizens who renounced their ownership rights at the stage of privatization of an apartment.

Therefore, any transactions made in the future will take this circumstance into account.

5 main facts about apartment donation agreements

Donating real estate in 5 questions and answers

Nikolai Lavrov, head of the interregional housing program “Moving to St. Petersburg,” General Director of the Real Estate in St. Petersburg Group of Companies, answers:

Deregistration of a person without his direct participation and desire is possible only by court decision.

The reason for this may be the absence of actual stay at the place of registration, the lack of payments for utilities from this person, the formation of debt for utilities from the owner of the apartment in connection with the registration of an unauthorized person in it and increased rent because of this.

However, if the donation agreement separately stipulated the encumbrance in the form of a registered person and his right to use the area in the future, then it will be very difficult to write it out. But if it is the donor himself, then it is impossible.

Yulia Dymova, legal consultant of the secondary real estate department of Est-a-Tet, answers:

Depends on which relative it is and in what period the apartment was donated. There is Article 292 of the Civil Code, which existed in different interpretations.

Until 2005, in the event of a transfer of ownership, the previous users retained the right to use. Therefore, if the gift agreement was in place before 2005, then it is hardly possible to write out a relative.

After 2005, the right of use is effectively lost in the event of a transfer of ownership.

The nature of the gift agreement prohibits the imposition of any conditions, including conditions on the preservation of the right of use. However, the relative himself can enter the process with a counterclaim and claim that he is a close relative, and on this basis there may be a rather lengthy legal process for deregistration.

Can I donate my share in the apartment without my wife’s consent?

Is it possible to remove a child from an apartment without the mother’s consent?

Legal consultant of the company “My Family Lawyer” Olesya Obizhaeva answers:

When drawing up a contract of gift and transfer of real estate to a new owner, the rules of registration at the place of residence apply, regardless of whether a contract of gift, purchase and sale, exchange, etc. is concluded.

If a person does not want to be discharged independently and of his own free will, then there is only one way out - discharge through the court. Therefore, if the person who is registered in the apartment does not want to write an application for deregistration, you will have to prepare a statement of claim in court.

It should also be remembered that persons registered at the place of residence have the right to use this premises, as well as register minor children without the consent of the owner. In this case, several people will have to be discharged through the court, which will result in a loss of time, nerves and money.

Nikolay Kosyak, head of the Rambler/Finance project, answers:

If an apartment is transferred into ownership under a gift agreement, then its owner has the right to expel registered citizens from the apartment. This can be done without the consent of the resident, however, only in court.

To do this, you need to prepare a statement of claim for termination of the right to use residential premises based on the transfer of ownership as a result of a donation. In this case, it is necessary to refer to clause 2 of Art.

292 of the Civil Code of the Russian Federation.

The situation is more complicated with the discharge of minors from the apartment; then the consent of the guardianship and trusteeship authorities is required for discharge. Living conditions should not worsen. If we are talking about an elderly relative, then he also cannot be discharged “to nowhere.”

The gift agreement can also be executed with the right of lifelong residence of the donor. This option is often considered by older people who give an apartment to their relative, but want to play it safe and retain the right to continue living in the apartment or house.

In this case, it will not be possible to discharge a relative; according to the law, it is prohibited to evict the donor. The agreement may stipulate that the donor will occupy one of the rooms and use common areas. It is important to pay attention to what wording is stated in the agreement: the right of use or the right of ownership.

In the second case, the donor will be able to defend his property even against the owner.

How to remove your daughter from registration in absentia in order to sell an apartment?

How to discharge a person if it is not known where he is?

The sales manager of the Monolith Estate Academy Andrey Krainov (Nizhny Novgorod) answers:

Transfer of ownership of residential premises, according to the Civil Code of the Russian Federation, Art. 292 basis for the official termination of the rights to use this housing by relatives of the previous owner.

The basis for the alienation of residential property according to the law is a purchase and sale agreement, a gift agreement, an exchange agreement, and others.

The new owner can expel a relative from the apartment either by agreement of the parties or by court.

If the basis for ownership of an apartment is a privatization agreement, and a relative, for example, renounced the right to privatize housing, but was registered there before and did not renounce the right of residence, this right remains with him under the social tenancy agreement.

The only way to get him out of the apartment would be through a personal agreement. That is, a person must come and deregister from the apartment at his own request. There are no regulators here.

How to avoid getting into such a situation and not getting an apartment with a tenant? Before making a real estate transaction, in particular accepting residential property as a gift, you need to carefully study the entire package of documents for the apartment and resolve the issue with the people registered in it before accepting ownership rights. Information about registered residents is contained in the personal account statement.

• Text prepared by Maria Gureeva
• Do not miss:
• All materials in the “Good Question” section
• What is more profitable - donation or sale?
• At what age can a child be given real estate?
• Marriage, divorce and your real estate

The articles do not constitute legal advice. Any recommendations are the private opinion of the authors and invited experts.

How to discharge a donor from a donated apartment, get advice on the website

There can be many reasons why the donor needs to be discharged from the donated apartment. The main catch is that the donor has every right to cancel the gift document whenever he wants, the reasons for this may be the following:

• The donor has certain life situations: the person got married or has health problems, they have the right to withdraw the deed of gift.
• The donee threatens the donor (beating, threatening the donor's family or his relatives), the donor has the right to withdraw the deed of gift.
• The person who received the deed of gift deprived the donor of his life; the relatives of the donor have the right to demand complete termination of the deed of gift.

Basically, the legal process regarding the removal of the donor from the apartment always ends in favor of the donor, so you need to carefully weigh all the nuances. The agreement may clearly state that the donor has every right to live in the apartment donated to the recipient. But if this clause was not in the contract, the donor still has the right to the apartment unconditionally.

To correctly resolve the issue of how to discharge a donor from a donated apartment, you need to complete the following points:

• File a claim in court.
• Pay the tax for the claim.
• Additionally, provide documents that prove the right to the apartment, and also attach a certificate about the time when the donor lived in the apartment.
• Wait for the court's decision.

Most often, a home donation agreement is drawn up between relatives. But the recipients do not suspect that even if the donor is registered in the apartment, he can still be evicted from the apartment for certain reasons.

In fact, giving occurs on the basis of factors that allow you to give nothing in return, that is, for free. Therefore, the donor cannot demand anything else in return for the gift, and if the donor demands in return that he be given the opportunity to live in this apartment, then this is contrary to the nature of the gift agreement.

Using the facts, this case can be considered in accordance with Part 2 of Article 572 of the Civil Code of the Russian Federation, which states that in a gift agreement there cannot be counter-obligations, and such a document is not a gift (it is permissible to apply the rules of paragraph 2 of Article 170 of the Civil Code to the agreement (about invalidity of imaginary and feigned transactions).

The donation document must be written, and the transfer of ownership must be certified by the state.

Eviction of the donor from the donated apartment

If the donor is registered in the apartment he is donating, eviction is possible only by court decision. But if the donor is not a relative of the donee, then it’s easy to evict him, because he does not have the right to live in an apartment.

The relatives of the donor (Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 2, 2009 No. 14) include:

• Persons living together in the apartment (spouse, children, parents).
• Disabled persons who live with the donor.
• Other relatives (grandparents, brothers, sisters, etc.).
• Other persons who live with the donor (unregistered marriage, etc.), if they moved into the apartment as family members.

In any case, with a problem you need to contact qualified specialists who will weigh all the nuances, all the pros and cons and find the right way out of the current situation. Call 8-800-500-61-85 and find out how to sign the donor out of the donated apartment.

Is it possible to write out the donor under a gift agreement?

Oral gift agreement

08.10.2022 — 13:39

The question is: is the agreement for the gift of paintings, concluded orally by the testator before death, invalid, as a result of which part of the inherited property was removed from the estate? or is a written gift agreement still necessary, because the cost of paintings is more than 10,000 rubles (in relation to Article 161 of the Civil Code of the Russian Federation)?

The lawyer, S.O. Koroleva, responded:

Hello Yuri!
A donation accompanied by the transfer of a gift to the donee can be made orally, except if the donor is a legal entity and the value of the gift exceeds three...

Read the lawyer's response

How to restore an apartment donation agreement if you have lost it

05.10.2022 — 13:37

Good afternoon. The court lost the original of the gift agreement, and it is not possible to restore it in any other way. What to do in this situation? Thank you.

The lawyer, S.O. Koroleva, responded:

Hello Alexey!
To restore a lost apartment donation agreement, you can contact the Rosreestr office and obtain copies of the lost documents (agreements).

Contact…

Read the lawyer's response

Limitation period for canceling a gift agreement

03.10.2022 — 13:35

Good afternoon
Please advise whether it is possible to change the deed of gift for an apartment after three years from the date of its signing.

The situation is as follows: the aunt signed a deed of gift for a relative, and after a few years she changed her mind, there was a court where they said that after three years this issue was not considered and everything remained as it was.

The lawyer, S.O. Koroleva, responded:

Hello Svetlana!
In accordance with Part 1 of Art. 578 of the Civil Code of the Russian Federation, the donor has the right to cancel the donation if the donee has made an attempt on his life, the life of one of his family members or loved ones...

Read the lawyer's response

Moment of transfer of ownership under a gift agreement

28.09.2022 — 13:31

The lawyer, S.O. Koroleva, responded:

Hello Lyudmila!
Article 164 of the Civil Code of the Russian Federation establishes that in cases where the law provides for state registration of transactions, the legal consequences of the transaction occur after its registration...

Read the lawyer's response

Is it possible to cancel a gift agreement for an apartment?

10.09.2022 — 13:18

I gave my granddaughter my apartment because... she promised that she would look after me. As soon as she became the owner, everything changed, my granddaughter began to treat me worse, did not come, called me obscene names, in addition, she broke dishes, threw scissors at me, causing a large cut on my hand, for which I turned to the local police officer.

The lawyer, S.O. Koroleva, responded:

Hello Elena Viktorovna!
By virtue of paragraph 1 of Article 578 of the Civil Code of the Russian Federation, the donor has the right to cancel the donation if the donee has made an attempt on his life, life...

Read the lawyer's response

Can creditors challenge a gift agreement?

09.09.2022 — 13:17

Hello! Enforcement proceedings have been initiated against me. I have a one-room apartment. If I give this apartment to my son, can creditors challenge the gift agreement?

The lawyer, S.O. Koroleva, responded:

Hello Dmitry!
Yes, creditors can apply to the court with a claim to invalidate the gift agreement and apply the consequences of the invalidity of the transaction, returning the parties to...

Read the lawyer's response

The donor died before the registration of the gift agreement

06.09.2022 — 13:16

Hello! We encountered the same problem. At the end of July, I entered into an apartment donation agreement with my uncle, we signed all the documents at the MFC and they took registration documents from us.

The lawyer, S.O. Koroleva, responded:

Hello, Alexander!
Your issue can be resolved in court by filing a claim against the Office of the Federal Service for State Registration, Cadastre and Cartography for Moscow,...

Read the lawyer's response

Is it possible to invalidate a real estate gift agreement?

20.08.2022 — 13:04

The lawyer, S.O. Koroleva, responded:

Hello Vladimir!
The situation described gives grounds for the donor to file a lawsuit to declare the gift agreement invalid and apply the consequences of the invalidity of the transaction...

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How to terminate an apartment donation agreement

11.08.2022 — 12:57

Good day! Based on the donation agreement, state registration of the apartment was carried out in my name. The donor and I are in a civil marriage, we have been living together for more than 7 years, but our relationship is not legalized. Until this moment, we knew nothing about the fact that we would have to pay 13% personal income tax.

The lawyer, S.O. Koroleva, responded:

Hello, Oksana!

The gift agreement is considered completed and executed by the parties from the moment of transfer of property from the donor to the donee, therefore it is impossible to terminate the gift agreement...

Read the lawyer's response

Is it possible to specify conditions in a gift agreement?

12.07.2022 — 12:37

Hello! I bought a house with maternal capital and allocated shares to all members of my family. Now I’m giving my share to my brother and we want to draw up an agreement on the procedure for using the house, land and outbuildings. discuss all rights and obligations regarding payment of taxes and other expenses. I can't find a similar agreement template.

The lawyer, S.O. Koroleva, responded:

Hello Maria!
Any change of owner (any of the owners) entails the termination of the previously existing order of use, since there is no legal succession in this case...

Read the lawyer's response

The rights of the donor after the conclusion of the gift agreement

11.07.2022 — 12:37

My husband, a group 2 disabled person (diabetes mellitus), himself signed a deed of gift for the house for me. Being in a clear mind and solid memory. Now he wants to evict me by any means. Resorts to threats on my life. I want to file for divorce. My question is this. WHAT rights will he have to the house after the divorce? His parents' house. I was married to him for almost 30 years.

The lawyer, S.O. Koroleva, responded:

Hello Tatiana!

Read the lawyer's response

Is it possible to terminate an apartment donation agreement?

01.07.2022 — 12:30

Is it possible to terminate a donation agreement for an apartment that was signed in 1999?

The lawyer, S.O. Koroleva, responded:

Hello Sergey!
An apartment donation agreement can be terminated before the gift is transferred into the ownership of the donee (that is, when the agreement was signed, but the apartment was not transferred under the deed and...

Read the lawyer's response

Challenging a donation by a creditor

How to sign a donor out of a donated apartment

The rights of a citizen in relation to a donated apartment are determined by the donation agreement. In order for the contract to be drawn up correctly, the entire process must be conducted by a competent lawyer. Legal support will also be needed if a citizen decides to expel the donor: a specialist will tell you how to expel him from the apartment, as well as how to correctly formalize this decision.

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Is it possible to sign the donor out of the apartment?

All conditions and rights of the recipient of the apartment are specified in the donation agreement. After its conclusion, the donated apartment becomes the property of the recipient, and now it is he who decides who to include or expel from his home, and how to use the property.

Since donation involves the gratuitous transfer of property, the donor cannot insist on special conditions for the donated apartment or house.

Restriction of the recipient's rights is not allowed - the donor cannot specify how and for how long he should be registered in the apartment, who should be included or written out in the property donated by him.

It is also prohibited to demand valuables for compensation, that is, the condition of a valuable gift from the recipient as payment for an apartment.

572 states that the donor undertakes to release the recipient from property obligations to himself, and this is regarded as an opportunity for the recipient to discharge the citizen from the apartment that he donated.

The agreement must contain a condition on gratuitous transfer, as well as a description of the specific item of donation as an apartment. Generalizations of donated property in this case are unacceptable, just as promises to donate all the citizen’s property in the future are not allowed.

Thus, a gift agreement, drawn up in accordance with all legal requirements, allows the recipient, as the owner of the apartment, to write out the donor at any time. If the donor agrees with this, then the parties begin the process of removing the encumbrance. If a citizen refuses a request to voluntarily check himself out of the apartment, he will have to turn to the courts for help.

The owner may insist on the donor being registered if:

• he plans to sell his apartment and needs to register all registered persons to remove the encumbrance;
• the rights of third parties are violated;
• the citizen who donated the apartment does not live in it, is absent for a long time, violates public rules of conduct;
• a citizen spoils and destroys real estate, does not pay required utility bills.

The donation transaction has retroactive effect. Just as the donee can write the donor out of the apartment, the donor himself has the right to cancel the transaction. The reasons for such actions vary. The primary reasons will be threats and violence.

The owner may choose physical violence as a tool to expel the citizen from the donated apartment.

If violent methods are proven or the matter reaches a fatal outcome, the citizen who donated the housing or his relatives may revoke the deed of gift.

The financial difficulties of the donor may also be grounds for canceling the donation. If his income has dropped sharply, he urgently needs money, or he himself has lost his home, the deed of gift can also be revoked on his initiative.

What to do when checking a donor out of an apartment

Extract from the donor’s apartment is carried out in the same way as any other procedure for deregistering residents. If both parties agree with this decision, then the citizen can be discharged pre-trial. Forced deregistration is carried out only through the court.

Voluntary procedure

The donee draws up a notice of discharge addressed to the donor. If both parties agree and have no claims against each other, then the citizen who donated the apartment draws up a special application in Form No. 6. It can be submitted to such authorities as:

1. Territorial division of the Main Directorate for Migration Issues of the Ministry of Internal Affairs of Russia - GUVM MIA.
2. Accredited center for public services “My Documents”.
3. Passport office is a branch of a homeowners association or management company that deals with registration and check-out of residents.

You can also carry out a voluntary deregistration through the government services portal by filling out an application in the user’s personal account. The only documents you will need are a passport. The procedure itself will take from three to six days - this is the period for deregistration.

Voluntary deregistration is always fast and free. The parties will not incur any costs, since in this case there are no government duties or commission payments.

The main thing to remember is that voluntary deed must be truly voluntary, because if the donor proves that they tried to evict him from the apartment by force, he will be able to revoke the deed of gift and bring the recipient to criminal liability (Article 330 of the Criminal Code of the Russian Federation).

Judicial proceedings

If the citizen who donated the apartment does not agree with the conditions, the recipient has no choice but to go to court and force the citizen to be discharged.

The owner submits a written statement of claim to the court at the place of registration. The application itself must reflect all the requirements and conditions of the tenant - both about the discharge from the apartment itself, and the reasons for such a decision. The structure of the statement is as follows:

• name of the judicial authority;
• Full name, passport details and contacts of the plaintiff;
• Full name, passport details and contacts of the defendant;
• factual part;
• pleading part;
• list of attached documents;
• date and signature of the plaintiff owner.

The content itself, that is, the factual and pleading parts, must be drawn up correctly, since on the basis of this data the court will make a decision. In order to clearly reflect the essence of the matter even at the application stage, it is better to engage a lawyer who will not only provide advice, but also help draw up the application itself with references to the legislative framework.

The package of documents, in addition to the claim itself, must include a copy and original of the owner’s passport, a gift agreement, which determines the plaintiff’s right to dispose of the housing. Also attached are certificates - a certificate of state registration of property, as well as a certificate of ownership of the apartment.

Going to court requires the presence of an evidence base, so it is necessary to collect information about the donor, whether he has other housing, and the frequency of his presence or residence in the donated housing.

The testimony of witnesses - for example, neighbors - will also be used in the case.

The eviction procedure through the court is not free, unlike a voluntary one: the plaintiff must pay a state fee of 300 rubles for an individual and 6,000 rubles for a legal entity.

Once a claim is filed, legal proceedings begin. The judge examines all materials on the case, taking into account the legality of the actions of the owner and the competence of the donor. Based on the results of the hearing, a writ of execution is issued to deregister the citizen who donated the apartment. This is a direct basis for discharge; it must be submitted to the territorial division of the Main Directorate for Migration of the Ministry of Internal Affairs of Russia.

How long does it take to check out?

Voluntary deregistration occurs quite quickly. If a citizen submitted an application to the Main Department of Migration, to a multifunctional center or through the public services portal, the result will be available in three days.

The passport office processes documents from three days to two weeks. It takes two weeks for deregistration along with registration. If the donor lives in another city, the procedure may take up to three months.

The statement of claim is accepted for consideration within five days. The time frame for consideration of cases in a civil or magistrate court takes from one to two months (Article 154 of the Code of Civil Procedure of the Russian Federation). The judge in his decision announces the period during which the citizen must be discharged from the housing donated to him. In some cases, the court may grant a deferment for up to one year.

Sources:

“Civil Procedure Code of the Russian Federation” dated November 14, 2002 No. 138-FZ

Find out whether it is possible to donate an apartment with registered people and what are the nuances when completing the transaction

When making a gift transaction, a lot of questions always arise. For example, is it possible to donate real estate if there are still registered people in it? For example, a donation transaction must be completed as quickly as possible, but the donor simply does not have time to fully prepare the property for the transaction.

And registered people remain in it. Is it possible to carry out a transaction with such existing conditions, or is this prohibited? Or maybe this question is individual, and remains for the consideration of the donor and the recipient? Be that as it may, you need to familiarize yourself with the nuances of such a question, because it is very individual, which means the answer to it can be varied.

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Is it possible to donate an apartment with people registered in it?

Chapter 32 of the Civil Code of the Russian Federation is entirely devoted to issues of donation. Therefore, it is more reasonable to turn to this legal act to answer this question.

The Civil Code states that it is necessary to prepare real estate for donation. Namely, to remove all encumbrances and liens from her, and, if possible, to discharge registered persons.

However, if it is not possible to carry out this action, or you simply do not have time, then such a factor is not grounds for canceling the transaction.

Attention! If registered people find out that the owner has changed, it means they will not be able to properly use the property and may go to court.

In a number of situations, they may be recognized as victims, which means that the transaction may be canceled by law.

Download a sample agreement for the donation of an apartment with registered persons

Real estate donation agreement with registered minor children

It is almost impossible to donate real estate in which minor children are registered. It turns out that their parents can easily go to court and cancel the deal, because it turns out that the owner of the property literally left the child on the street.

But what to do in a situation where the owner urgently needs to sell the property, and such an encumbrance as the presence of children makes donation impossible?

Of course, there is a procedure for this, although it is somewhat complicated. You should first try to come to an agreement in a conversation with the children's parents. You need to convince them to give their written consent to make the gift.

If the mediation procedure cannot be carried out, that is, the parents are categorically against your desire to donate the property, then, accordingly, you can try to go to court.

You must discharge the person to the court. To do this, you must indicate who you need to write out, and also indicate the basis that will be significant.

For example, you want to sell real estate because you have become bankrupt, which means you need cash. The court will make a decision that will be binding.

The decision can be made either in your favor or vice versa, against your consent.

Be that as it may, you must be prepared for any turn of events, and if the decision categorically does not satisfy you, you can appeal to a higher court.

In what cases is it necessary to obtain the consent of other residents? How to register it?

If there are no minors among the registered persons, then you can make a donation without obtaining the appropriate consent. You can present the tenants with the fact that you are going to carry out a transaction. They must accept this fact.

• However, if you are not the owner of the entire property, but only a share of it, then you must obtain consent not only from the owner of the other shares, but also from the registered persons.
• After all, it turns out that by carrying out your transaction you will cause them damage, and perhaps they are not ready to see the future donee as the new owner.
• You will need to gain their support and consent.

Step-by-step algorithm of actions when registering a deed of gift

Very often citizens are interested in the question of how to donate an apartment if people are registered in it. Let's try to answer this question.

In order to issue a deed of gift for real estate, you must comply with all general conditions. The gift agreement must be drawn up according to the generally known rules ; however, there will be some differences with the usual gift agreement.

So, you will have to indicate that this donation transaction is carried out on the condition that registered persons remain in the apartment.

Otherwise, if the donor hides this fact, then the recipient, even after a while, will be able to cancel the deal in court, since he will prove the fact of your deception. Otherwise, the gift agreement with the presence of registered persons is no different.

What package of documents will be required and where to get them?

In order to donate real estate, you need to prepare a package of documents.

• Your passport;
• certificate of ownership of real estate or share;
• technical documentation in the form of a cadastral plan;
• papers from the Bureau of Inventory;
• consent from the spouse if the property was acquired during marriage. The same applies to owners of shares, as well as registered persons who have children also registered in this property.

But the list of required papers does not end there.

Who is the best person to contact to draw up a gift agreement?

Since the presence of registered documents is, in turn, an encumbrance on real estate, we strongly recommend that you contact a notary. It is this specialist who has the necessary knowledge to verify the legality of the transaction, and therefore will help you make a donation so that the Rosreestr body registers the transaction.

also advise you to contact a lawyer. The services of such a specialist are somewhat cheaper than the services of a notary, but the difference between contacting a lawyer or a notary is that a notary can certify your transaction and has the appropriate authority to do so, while a lawyer does not.

How to draw up an agreement correctly, what needs to be indicated so that controversial issues do not arise in the future?

Let’s take a closer look at all the nuances of registering a deed of gift for real estate.

If an elderly person is registered and wants to donate an apartment with the right of lifelong residence

Therefore, before drawing up a gift agreement, be sure to mention the fact that the elderly person lives in the property, and also take his consent to reflect this fact in the gift agreement.

What needs to be indicated so that later it will not be difficult to write out persons who are not owners?

If we are talking about persons who are registered in real estate, but are not its owners or shareholders, then you can write them out in court. To do this, you just need to file a claim in which you ask the magistrate to make a decision on the release in view of the impending transfer of real estate under a gift agreement.

Also, you can justify the reason that made you take this step. In a situation where a person really does not have any rights to real estate, after some time your claims will be satisfied.

However, if you do not want to inform the registered persons, and you are going to transfer the real estate along with them, be sure to reflect this in the contract, since the presence of registered persons, in turn, is a burden on the real estate.

Registration of a transaction

We strongly recommend that you register this agreement with Rosreestr. It is this government agency that is authorized to register real estate transactions, which means that it is the employees of the Rosreestr agency that will point out errors, if any, to you, and you will have the opportunity to correct them immediately.

However, not every locality has a Rosreestr authority, therefore, in its absence, you can contact the multifunctional center (MFC). However, be prepared for the fact that registration deadlines will be slightly extended.

The fact is that the multifunctional center transmits information to Rosreestr, and it is there that the certificate of ownership comes. Therefore, in view of this, the deadlines are increasing.

How to discharge people after concluding a contract?

This means that the donee, as a newly-minted owner, has the right to go to court and judicially clear the apartment of encumbrances in the form of registered persons. Be sure to inform your opponent in the transaction about this, because perhaps he does not know about his capabilities.

For the deregistration procedure you will need to submit:

• Your passport;
• certificate of ownership;
• consent of those registered for donation;
• certificate from the BTI about the number of registered;
• written application for discharge.

Who should not be discharged?

Children who were registered with their parents cannot be discharged from a donated apartment. Pay attention to older people, they can also challenge the donation.

Donation is called into question when it comes to preferential categories of citizens.

Appeal procedure

The deed of gift for real estate in which people were registered can be challenged. At the same time, three parties can challenge it at once.

The donor, in a situation where he believes that the donee is unlawfully evicting the registered ones, the donee, who was not warned in advance about the existence of such an encumbrance, as well as the 3 persons themselves in the form of the registered ones, who do not want to recognize the new owner, because he does not allow them to use the premises.

The case will be considered in court, and the court will make a decision in accordance with the law. But as a rule, very often the court takes the side of those registered , because these persons are not protected in any way, and are deprived of their right to reside in real estate.

Conclusion

Therefore, before you start processing the gift transaction, resolve the issue with the registered persons. Perhaps the donee will provide them with the use of the premises, so the change of owner will not affect those registered in any way.

And perhaps the donation transaction will not take place at all until you get rid of the encumbrance. Therefore, before you start drawing up a deed of gift, be sure to clarify these questions.

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