How to give or transfer your share in a privatized apartment to a relative

• A privatized apartment refers to real estate, which the owner can dispose of at his own discretion : sell, exchange, bequeath or donate it.
• One of the agreements by which this can be done is a donation agreement for the entire apartment, or a deed of gift for part of a privatized apartment.
• Such a document has certain advantages over other methods of disposing of property, but to draw it up you need to know many nuances.
• It is worth considering in more detail how to draw up a deed of gift for a privatized apartment and what documents are needed for this.

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) 938-51-36. It's fast and free!

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Donation procedure

A privatized apartment is the full property of a citizen, which he has the right to dispose of in any legally accessible way.

It is quite popular among relatives and members of the same family to give a newly privatized apartment as a gift, as a result of which the property of one owner free of charge .

To successfully carry out such a transaction, the following sequence of actions must be followed:

1. Collect a package of documents that are necessary to prepare a deed of gift.
2. Draw up the gift agreement itself.

The owner can prepare this document in two ways:

• on one's own;
• with the help of a notary.

1. The latter option is more expensive, since you will need to pay for notary services .
2. However, drawing up a document by a qualified lawyer is a more reliable way , because this document is subject to increased requirements.
3. Even if there is a small spelling error, the owner may be denied registration of the deed of gift.
4. An essential condition of the gift agreement is the presence in it of the designated subject of the agreement , that is, the apartment that is being donated.
5. This condition implies the indication of such specific characteristics of housing as:

• address;
• floor;
• square;
• cadastral number;
• number of rooms, etc.

The more complete the information regarding the apartment is, the fewer problems will arise in the future with property rights.

The collected package of documents and the contract must be submitted for registration . To do this, you need to contact one of the following authorities:

• MFC;
• registration Chamber;
• Cadastral Chamber.

• The only requirement is that the chosen body must be located on the territory in which the donated property is located.
• The drawn up contract must be certified.
• You can also do this either yourself, by signing the document in person in the presence of employees of the registration authority, or by a notary.

With the help of a notary, you can not only draw up and certify an agreement, but also register it. In this case, you need to give him a package of necessary documents and pay for his services. The total cost of registering a deed of gift depends on the cost of the apartment and the fees of a particular notary.

1. After waiting for the transaction to be completed, it is necessary to pick up from the registration authority a certificate of ownership of the recipient of the apartment transferred to him.
2. The legally established period for reviewing submitted documents is 10 days.

By the appointed date, both parties to the transaction must present their passports to the registration authority, receive completed donation agreements and a new certificate of ownership.

Required documents

• As with any other transaction, to register a deed of gift for a privatized apartment, a certain package of documents is required.
• Their specific list depends on many factors: how many owners the apartment has, whether other citizens have rights to the property, and who formalizes the transaction - the owner or a trustee.
• All documents that may be needed when drawing up a gift agreement are as follows:

1. A document confirming ownership of the property (certificate of registration of property rights).
2. Certificate with information about all citizens who are registered in the premises.
3. Consent of the trustee or guardian (if one of the parties is a minor).
4. Power of attorney for the right to conduct transactions with property (needed if the registration of the deed of gift is not carried out by the owner himself, but by his authorized representative).
5. Consent of the owners (if the apartment belongs to several citizens).
6. Identification documents of both parties.
7. The gift agreement itself , drawn up in compliance with legal requirements and signed by both parties. It is necessary to prepare one sample document for each participant in the transaction and another one for the registration authority.
8. Consent of the spouse or other relative, if he has the right to this property.
9. Certificate from the BTI with information on the inventory assessment of property.
10. Application to the registration authority.
11. Extract from the house register .
12. Receipt for payment of state duty (in the amount of 2000 rubles).

It is better to check the exact package of required documents with the employees of a particular registration authority in advance, since in some situations additional papers may be required.

How to donate a share?

This means that each of them owns a share of the apartment - property that can be disposed of in the same way as other real estate.

The owner of the entire home can also donate a share in a privatized apartment to a relative, if he wants to divide his property between several people or keep a part for himself. In any of these cases, it is necessary to draw up a deed of gift.

A deed of gift for a share in a privatized apartment is drawn up according to the general rules - that is, the same as for the entire housing. However, there should still be some differences .

In addition to standard information, this document must indicate:

1. What share exactly? the apartment (or part of the share, if the owner owns only it) is transferred as a gift. The owner can donate part of his share or all of it. In this case, it is advisable to indicate the size of the gift not only as a percentage, but also in kind.

   If the share of an apartment donated is indicated only as a percentage, without being converted into a physical indicator, the recipient will have limited rights to it.

   He will only be able to use such property or also donate it, but transactions for the sale of shares in this case will not be available.

2. Quantity square meters of apartmentwhich are donated. They are calculated from the total area of ​​the apartment (which is indicated in the documents for it) based on two indicators: the size of the share owned by the owner; part of the share that is donated.

   As for the cost of such property, it is not necessary to indicate .

3. The number of people who are registered in the apartment or have the right to live in it, information about them.

Transactions on the disposal of shares of an apartment (not only donation, but also others) are considered quite complex among lawyers.

This is due to the fact that it is difficult to determine exactly what share of the apartment can be donated (that is, which room).

Therefore, ideally, it is better to register ownership of a share and a deed of gift for it indicating a specific room. At the same time, common areas (kitchen, bathroom, toilet) will also be available to the owner.

Despite the fact that a privatized apartment is the property of the owner and he can dispose of it at his own discretion, sometimes situations arise in which this type of alienation of property is difficult or even prohibited .

It is worth considering the main ones:

1. The donor is minor. In this case, the transaction can be carried out by the child’s legal representative - one of his parents, guardians or trustees.

   from the board of trustees is also required .

   This requirement is due to the increased attention of government bodies to the observance and protection of the rights and interests of the child. Donation on behalf of minors ( that is, persons under 14 years of age) is completely prohibited by law.

2. Executing a gift agreement for an apartment between commercial organizations is not allowed. The maximum value of gifts that can be made in this case should not exceed 3,000 rubles .
3. In general cases, the recipient must pay tax (personal income tax) from the cost of the received apartment.
   1. However, in some situations he is exempt from this obligation - if the property was received from a close relative (mother, father, child, sister, brother, grandfather or grandmother).
   2. In this case, the amount of tax or the need to pay it depends only on the presence of kinship; the period of ownership of the apartment by the former owner or the date of privatization does not matter.
   3. This is a significant difference between a gift agreement and a purchase and sale transaction, after which the seller must pay personal income tax if he owned the apartment for less than three years.

• It is also worth considering that a gift agreement is recognized as such only if the owner does not receive benefits from the recipient.
• Otherwise, the transaction is considered void.

Donating a privatized apartment is a fairly common transaction, especially between family members and close relatives. Such an agreement provides the parties with many advantages: the ability to quickly transfer property into the ownership of another person, tax exemption (in some cases), the right to divide the apartment into shares and transfer only part of them, etc.

A citizen can carry out a transaction to donate property either independently or with the help of lawyers. In the first case, this procedure will be quite complicated, but less expensive. In the second, you will have to pay for the services of a lawyer, but the owner will be spared the need to prepare all the documents and draw up a deed of gift on his own.

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The procedure for donating a share of an apartment to a close relative: how to arrange everything correctly?

Real estate is tight these days. Not everyone can afford to buy it easily and simply, and one can hardly count on the generosity of the state.

So people are happy to receive not only an apartment as a gift, but even part of it . It remains to be seen how this should happen. How to give a share in an apartment to a relative?

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!

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You can find out how to correctly draw up an agreement for donating a share of an apartment, as well as the procedure for registering a donation of a share and the amount of the state duty on our website.

Who should attend?

How to give your share in an apartment to your mother, son or daughter? Who should be present at the transaction?

Both . Both the one who gives and the one who receives. Otherwise, Rosreestr will simply refuse to register the transaction.

In the presence of an official, the parties sign a pre-drafted agreement (it is better to ask a lawyer for help) on the free transfer and hand over the necessary package of documents, including a state duty receipt.

The registrar will check the completeness, take the papers, and in return issue a receipt.

It will also indicate the end date of the procedure. On the appointed day you need to appear and receive a brand new certificate of ownership . That's all, actually - you are now the owner of the property.

Of course, as is usually the case, the complexity is hidden in the nuances. For example, valuable gifts (namely, square meters, no matter how many there are) can be received not by all categories of persons, but only by those in respect of whom the donor has no influence .

For example, this is prohibited for managers and employees of medical and social institutions under the jurisdiction of the owner (hospitals, clinics, boarding schools), and representatives of the public service.

As for taxes, the donee in this case does not have to pay them. If he were not related to you by blood, he would have to pay 13% of the value of the share to the state treasury.

It should be remembered that according to the law, brothers, sisters, mothers, fathers, children, grandparents, and spouses fall the category of close relatives

How to donate a share in an apartment to a close relative: sample agreement.

Step-by-step instruction

How to donate part of an apartment to a relative? First, of course, you need to collect the necessary documents . This:

• technical documentation for the apartment, cadastral passport;
• consent of the board of trustees (if minors are involved);
• agreement on the allocation of shares or consent of the co-owners, if the part was not allocated (Article 252 of the Civil Code of the Russian Federation);
• a document from the registry office to confirm the fact of relationship;
• extract from the Unified State Register;
• extract from the house register;
• statements;
• receipt of paid state duty (Article 333.19 of the Tax Code of the Russian Federation).

A sample agreement for donating a share of an apartment to a minor, including maternity capital, can be found here.

The next step is to draw up the contract itself . It is required. To do this, it is best to contact a notary office - a lawyer will tell you how to ensure that the document on your transaction does not contain ambiguities, or even outright violations.

You cannot completely exclude the possibility that someone will want to challenge the contract, or that you and the donor will not go to trial.

After this, the property right is registered in the Registration Chamber - to do this, you need to come there with your passport, contract, and all other documents. Moreover, to both sides.

Registration usually takes seven business days. The new owner of the share receives documents on ownership.

You can learn about the specifics of the transaction of donating a part of real estate between spouses, in particular how to draw up an agreement for donating a share of an apartment to a husband or wife, on our website.

Contents of the agreement

What the document should contain:

• passport information of the parties to the transaction;
• subject - share in the apartment (description, at what address, on what floor of what house it is, what apartment it is part of. How many square meters? And on what basis was the part allocated (court decision));
• information about those registered at this address;
• Is it solely owned? If not, is there consent from the co-owner?
• basic conditions - free transfer;
• additional conditions (for example, it may stipulate a condition on the donor’s residence in this living space - for a certain period, and maybe until the end of his life, or other, suspensive or cancelatory conditions);
• Force Majeure;
• signatures.

Find out from our article about whether you can challenge or cancel a gift agreement.

Yes they can. The following reasons :

• one of the documents is missing;
• one of the parties is not present;
• the contract is drawn up with errors or contains clauses that contradict the law.

A sample power of attorney for donating a share of an apartment and an application for registering an agreement can be downloaded on our website.

Features and nuances

From the point of view of the law, there are no differences in who exactly the giver and the recipient are to each other, this will not affect the course of the procedure in any way. The only requirement is that the donor must be an adult and fully capable .

The recipient can refuse the gift at any stage (Article 573 of the Civil Code of the Russian Federation)

How to register a donation through the MFC? The procedure can also be carried out through the Multifunctional Center (“My Documents”).

To do this, documents are handed over to the registering person in the same way and a receipt is obtained indicating the completion date of the procedure. After this, you can get a certificate of ownership there.

• The first and most important difficulty is that all efforts to collect documents may become in vain .
• Because the ownership right has not yet been formalized, the transaction has not taken place, which means the share remains with the previous owner.
• Secondly, the relationship must be confirmed by paper from the registry office.
• If this does not happen, the transaction will be considered an ordinary gift, which means you will have to pay tax.

Also, if the giver is a family person, you must obtain the consent of your spouse. It is clear that he may not give it.

Before drawing up a contract, you should definitely think about everything. A deed of gift, if the donor did everything of his own free will and was “friends with his head,” almost never goes back .

Therefore, before the transaction, it is better to consult with an experienced lawyer - maybe in your case it will be better to draw up a will.

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How to give away your share in a privatized apartment

The situation is like this And after 7 months she declares that she needs a car or half the cost of am. Or she files for division of property. The question is, should her share be divided in court and how to keep the car? Verbal agreements are irrelevant. Everything will be divided equally, according to Art.

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 use the online consultant form on the right or call the numbers provided on the website. It's fast and free!

Content:

• How to transfer a share in an apartment to a relative?
• Registration of donation of a share in an apartment in 2023
• How to transfer a share in a privatized apartment
• How to donate your share in a privatized apartment
• How to re-register a share in an apartment
• Donating a privatized share in an apartment to a relative

Currently, shared ownership of an apartment is a fairly common phenomenon.

How to transfer a share in an apartment to a relative?

To give a share to a relative, you do not need to ask anyone for consent. Until January 1 of the year, gift agreements were concluded only by a notary, and then registered.

At the moment, there are two ways to draw up an agreement to donate a share in an apartment to a relative - through a notary or independently.

This means that you are not giving away a specific room or square meters, but only a share in the right. The share is transferred free of charge, without any conditions. According to the rules of Art. The form of the gift agreement does not depend on the relationship between the donor and the recipient, that is, it is the same.

If, after donating a share to a relative, you intend to live on this share, you should take into account that the relative will become the owner of the share after registering the deed of gift and will be free to dispose of it at his own discretion. If a relative sells the share, you will lose your right of residence.

You may be interested in the amount of real estate gift tax. The advantage of notarizing a deed of gift for a share of an apartment is that the notary himself will draw up the agreement, certify it, send it for registration and give you a completed certificate.

The disadvantage of this design method is the high cost. You will pay at least five thousand rubles for drawing up a gift agreement and registering it with a notary.

You will also pay a state fee for certifying the transaction, which depends on the value of the share and the distance of the relationship.

To donate a share of an apartment without contacting a notary, you only need to draw up a donation agreement and register it with the Cadastral Chamber.

The agreement will need to be accompanied by a receipt for payment of the state duty - 2 thousand rubles and the consent of the spouse, if the share is your joint property. The state duty form can be found on the website of the cadastre and cartography service of your region, or taken from the Cadastral Chamber when submitting an application for registration. It is recommended to include a condition that the share is returned to the donor if he survives the donee.

There should be as many copies of the deed of gift as there are donors and donees together, plus one for the Cadastral Chamber. Registration documents can be submitted in person at the Cadastral Chamber or at the multifunctional center.

In accordance with the article of the Tax Code, the income of individuals is subject to thirteen percent taxes. If the recipient is not a close relative, you can save on tax like this: for example, you want to give a share of an apartment to your mother’s aunt’s sister, first give the share to your mother, and she will give it to her sister, that is, your aunt.

In this case, you will have to pay the state registration fee twice, but you will not have to pay tax on the donated share.

The donee must declare income in any case, regardless of the degree of relationship with the donor. The 3-NDFL declaration is submitted to the tax office by the end of April next year.

If you are not exempt from paying tax, you must pay it no later than July 15 after filing the declaration under Art.

It was news to me that you can draw up a deed of gift yourself, and you can even save a considerable amount.

Although, by entrusting this matter to a trusted notary, you can be sure that everything will be done correctly and legally.

It’s good that the article provides a list of documents required to submit an application for donating a share, as well as the procedure, advantages and disadvantages of both methods, and explains all the nuances of donating to relatives or strangers.

It’s good that I found this article, I’m just interested in this issue, I kept looking for how to save money and do everything correctly when donating a share of an apartment.

Thank you for the up-to-date information and useful nuances, I was especially pleased with the advice on how to reduce the number of expenses when drawing up a gift agreement, and the fact that you can do everything yourself without visiting a notary!

Good day. My wife and I were surprised when we learned that you can draw up a gift deed yourself. The article is very useful, I think. It greatly eased the fuss with papers on this issue.

Because nowadays no one needs anything, and running around notaries, you can waste a lot of time. I was pleased with the news that you can generally submit an application online without leaving your home.

I was also sure that when donating an apartment, it is necessary to involve a notary, which, as they correctly said here.

But most of all, I am satisfied that I found a hint in the article on how to make a gift to an indirect relative.

So my husband wants to give an apartment to his stepson, that is, my son, then it means that first I need to draw up a deed of gift for me. Thanks for the tip. A year and a half ago, my wife and I divorced.

All my attempts to resolve this issue led nowhere. Imagine my surprise when I received documents by registered mail, which indicated that part of my wife was donated to my son, who stayed to live with me. What my son and I are incredibly happy about.

I would never have thought that you could donate your part of an apartment so easily. I was going on a long business trip abroad, and the country I was going to now was not calm. And I did not rule out some kind of force majeure. I decided to give my part of the apartment to my son.

At first I did it myself, but over time I realized that paperwork was not for me. And I turned to a notary, who demanded only three documents from me. He carried out all the registration procedures himself.

In terms of money, of course, it turned out to be much more expensive, but all I had to do was come and pick up the finished documents.

The information presented in the article is somewhat outdated. Since March of this year, registration of the gift agreement as a transaction has been cancelled. Registration is now carried out only in relation to ownership on the basis of a title document - a gift agreement. I am not the owner of the apartment. The apartment in which I am registered is owned by my children and wife. Can I not let bailiffs in by law?

Can they open the door without the consent of the owners, who owe nothing? Don't be happy anymore! In other cases of donation, a notary is not needed. Hello, where is this written? From June of the year, a donation agreement for a share in an apartment or a room in an apartment is subject to mandatory notarization.

Federal law dated Read p. Any transactions with shares are subject to mandatory notarization. It’s very strange, because the gift agreement is signed by two parties, the donor and the recipient.

How to correctly draw up a contract for donating a share of an apartment to a relative.

The easiest way to alienate a share in an apartment is through donation. The content of the article:. How to correctly draw up a contract for donating a share of an apartment to a relative Reviewed by roolganiko on Mar Until January 1 1 The easiest way to alienate a share in an apartment is through donation.

Until January 1 1 Rating: 0.

Stay up to date with the latest news in the real estate industry, join our communities on social networks: You can also ask a lawyer a question, but before that, be sure to look at our questions and answers section, perhaps you will find a ready-made solution to your problem here. Comments Irina April 1 on Angelina April 7 on Valentin April 16 on Irina May 20 on Vladislav June 7 on Andrey June 11 on Alexander June 21 on Valery June 21 on Lawyer June 23 on In our country, everything is possible.

Registration of donation of a share in an apartment in 2023

Today For all time AlloYurist - Housing disputes - How to donate your share in a privatized apartment. We will solve any issue! After the residents of a municipal apartment have privatized it into common shared ownership, each of them is free to dispose of their part as they please.

You can sell it, rent it out, register someone on it without asking the permission of other owners... Today we will talk about a special case of disposing of your part of the home - about donation. Legally, a share in an apartment is an independent piece of real estate, so the owner can dispose of it at his own discretion by bequeathing, renting, donating, etc.

However, the rights of other owners and persons living in the apartment and legal norms must be respected.

How to transfer a share in a privatized apartment

The owner of a share can donate it to anyone - clause Donation, nor in the Federal Law of When donating, you can contact any local notary at the location of the apartment, but within the boundaries of a subject of the Russian Federation - Art. The list of subjects of the Russian Federation is indicated in Art. This means that if the apartment is located in Moscow or St. Petersburg, then you can contact any notary in Moscow or St. Petersburg.

To give a share to a relative, you do not need to ask anyone for consent. Until January 1 of the year, gift agreements were concluded only by a notary, and then registered.

At the moment, there are two ways to draw up an agreement to donate a share in an apartment to a relative - through a notary or independently. This means that you are not giving away a specific room or square meters, but only a share in the right. The share is transferred free of charge, without any conditions. According to the rules of Art.

The form of the gift agreement does not depend on the relationship between the donor and the recipient, that is, it is the same.

Write your question and our lawyer will call you back within 5 minutes and give you a free consultation. Fill out the form with contact information and receive a free consultation within 5 minutes.

I helped 18 clients formalize the donation of their shares. In itself, the execution of a deed of gift does not depend on whether the donors are related to the recipients or not. Therefore, the instructions on this page are suitable for everyone. I divided everything into 3 main stages: 1, collect documents; 2 we draw up a gift agreement; 3 we submit the agreement with documents to the MFC or the Registration Chamber to register the transaction.

How to donate your share in a privatized apartment

Purchasing real estate using maternity capital is not prohibited by law; you can even get a mortgage using such a certificate. The most common form is autonomous non-profit organizations. Such joints are loose or have synovitis, which leads to atrophy of the muscles of the lower extremities.

For other cars you will have to pay an annual contribution to the treasury. Returning goods to Leroy Merlin is possible if there is a manufacturing defect.

However, more often than not, people do not live where they are registered, which means they break the law. The governor of the Volgograd region proposed a package of additional payments aimed at supporting motherhood and childhood, increasing the affordability of housing for large and young families and families with low incomes.

How to re-register a share in an apartment

It is important to compare the debtor’s signature with the one in his passport. You have the right to this according to clause. The form, the form of which was approved in 2011, must be provided when registering at a medical institution in Irkutsk.

The coupe, prepared for the transportation of disabled passengers, is a two-seater, its dimensions are larger than a typical coupe.

Donating a privatized share in an apartment to a relative

There is no need to get involved with the purchased certificate - the article - 3 years for forgery of documents - has not yet been canceled. What benefits will the mother have in this case?

If the document does not include information about the license of the land surveyor, the court will not recognize such restoration of boundaries as legal. Repeated returns or exchanges are possible. However, it is better to draw up a power of attorney. Everyone knows that a purchase can be returned to the store within two weeks, even if it is not defective.

Sometimes disappears for several days. We are afraid that he may transfer his share to a stranger; we have suspicions about this.

Contributions under the voluntary pension program can be one-time or cumulative. Plus another tax debt of approximately 20 thousand (transport tax, real estate tax). Deadlines for privatization of land plots.

The countdown of the period of deprivation of a driver's license begins only after serving correctional labor or imprisonment, if they were assigned for the same offense. 3 Not established Not established Republic of Mordovia Law of the Republic of Mordovia dated February 4, 2009

Unsewered latrines and cesspools must be disinfected with products approved for use in the prescribed manner.

If he also acts under a power of attorney, then the details of this document and the details of the person on whose behalf the buyer is acting are written down.

Unless otherwise provided by law, the tenant has the right to demand a corresponding reduction in the rent if, due to circumstances for which he is not responsible, the conditions of use provided for in the lease agreement or the condition of the property have significantly deteriorated.

Refusal of inheritance is unconditional, and in accordance with paragraph.

The time of commission of a crime is the time of the onset of socially dangerous consequences. This is housing that has already been verified by Sberbank. Sometimes a pregnant employee is put under significant pressure.

VIDEO ON THE TOPIC: How can one legally deprive the owner of a share in an apartment?

How to draw up a deed of gift to donate your share in a privatized apartment?

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Features of donating a share

Your own apartment can be donated by the owner either in its entirety or part of it - a possible part that is registered in the name of the donor.

• If a share in a privatized apartment is donated, then not the entire area becomes the property of the donee, but only that part that the donor decided to transfer.
• When registering a deed of gift for a portion of an apartment, the law protects the rights of everyone who lives in that apartment.

If the apartment is not privatized, then it can also be donated by formalizing the donation agreement legally. The only thing is that if the housing is not privatized, then the share cannot be donated; in this case, the area is given in full to the recipient.

How to donate a share of an apartment correctly?

All information about the possibility of donating a share of an apartment, how this is done, and to whom a gift in the form of real estate can be made is in the Civil Code. According to the Code, once the apartment has been donated, the recipient is not required to act responsibly. The transaction is carried out free of charge.

Read more about where to sign up and how much it costs to sign up for a donation agreement for a share of an apartment here.

Features of the transaction when donating

1. The rules on the sale of shares, which require respect for the rights of other homeowners, cannot be applied to this transaction.
2. When concluding a share donation agreement, you can donate both unallocated living space and a separate room.

3. If a part of the property is donated, then along with it the unallocated part of the housing will also go to the owner: bathroom, toilet, kitchen, pantry. That is, the new owner has the right to use everything that the person who previously owned this share used.

Please note: A separate room in an apartment can be donated only if there is a court order to divide the area between the owners

• The owner of the property has the right to make a gift for his entire share, thereby it goes to the donee.
• He can donate a share by dividing it, and a deed of gift is issued for this part.

If your apartment is divided into shares, and it is decided to donate one, then the shares of the other owners do not change and remain the same as before the donation agreement. The share decreases only for the one who gives it - the donor.

If you decide to donate a share in the apartment, you will need the following documents:

• a statement written in your own hand;
• identification documents, with documents required from both participants, the donor and the donee;
• technical passport for housing;
• a certificate that the donor is the owner of part of the property;
• if there is a spouse, then written consent from them is required;
• a certificate of all registered residents of the apartment is also provided;
• The state fee is paid, and the receipt is also provided to the notary.

Depending on who the share of housing will be donated to, there are distinctive features of its donation:

1. When donating an apartment to a relative, it is necessary to collect all documents confirming the relationship (Birth Certificates, Marriage Certificates). Below are all the documents listed.
2. Donate a part to the owner who has not reached the age of majority. Up to 14 years of age, a share in an apartment can be donated only with the permission of the parents; upon reaching the age of 14, the child has the right to independently sign such an agreement.
3. When donating your plot in an apartment, the consent of other owners may not be required. An exception in this case is if the share is given by one of the spouses.
4. You can give a share to your spouse, but only if their shares are determined at the time of donation. If the share was given before marriage, then during the marriage it can be given to the other spouse. In the case where the housing is owned by both spouses, a gift agreement cannot be concluded between them.
5. The case when a share is given to a stranger is possible; the only disadvantage with such a gift is the tax that must be paid to the state in the amount of 13% of the cost of housing (about taxes and state duties that are paid when donating a share in an apartment, it is written here).

So, it was decided to donate part of the privatized housing; the first thing to do is collect documents. The list of documents is listed above or a notary can advise you on it.

Next, you find out from the planned recipient whether he agrees to such a gift, because he will have to pay tax on receipt (if he is not a relative).

After you have collected the documents, you need to contact a notary or a lawyer to draw up a gift agreement (is it possible and how to draw it up without a notary?). And only after the new owner registers the housing, the share in the privatized apartment passes to the new owner.

We already understand that you have a SPECIAL problem.

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