Donation agreement for 1/2 share of an apartment (sample) 2023, donation of 1/2 share of an apartment to the second owner

However, for this it is necessary to draw up a deed of gift if the value of the item is significantly high.

The need for an agreement also arises when there is an obligation to register the right to the received object..

Is it possible to make a gift for a share in an apartment? In the case of a donated share of an apartment, drawing up an agreement is mandatory for both reasons. We will talk about this in our article.

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!

Show content

Is it possible to register a donation of a share in an apartment?

The donor is not limited to the circle of donees to whom he has the right to transfer property.
The contract may be concluded between the donor and any person he wishes to choose.
However, it is imperative to follow the procedure for registering the donation of a share, depending on the characteristics of the persons involved in the transaction.
That is why you can donate part of an apartment, but only if you have a certain set of documents and the agreement is drawn up correctly.

According to the Civil Code of the Russian Federation, only the owner has the right to donate a share in an apartment . Another person who cannot confirm the rights to part of the housing does not have the right to fully dispose of it.

A deed of gift is issued at the will of the owner for any donee. Moreover, you can draw up a contract of donation of a share for a close relative, as well as for a complete stranger. What you need to know about the procedure for donating a share of an apartment to a close relative is described in detail in this article.

The law does not prohibit donating a share of an apartment to an outsider who is not related to the owner by family ties.

In this case, a standard form of agreement is drawn up and signed by the parties. After this, it is necessary to submit an application for state registration of the right.

To another owner

If the donor is the owner of only one share, then he has the right to transfer it as a gift to the owner of another. Donating a share in an apartment to one of the owners can be implemented without hindrance if both own the shares separately.

If parts of the apartment are not allocated, but are in joint shared ownership, you will have to notify the other owners about the upcoming transaction .

The owner of a share has the right to transfer its part as a gift to any person: a close relative, a stranger, a minor, etc.

Moreover, if this part cannot be distinguished in kind, then it will be part of the joint shared ownership .

If this can be done, then the donation agreement should clearly limit its size and describe it as correctly as possible.

If the apartment has a mortgage

Is it possible to donate a share in an apartment that has a mortgage? Shared donation of living space or part of it, if it is under a mortgage, is a complex process. The problem is that the property belongs to the bank until the loan is fully repaid .

That is why the borrower cannot dispose of it freely and at his own discretion. If the bank gives its consent to the transfer of part of the housing as a gift , then the transaction of donating a share of the apartment is possible.

Banking organizations rarely issue permission to change the owner of a residential premises or a separate part.

Do I need the consent of the second owner to donate a share of the apartment? If, when transferring a share as a gift, the owner owns it as personal property, then there is no need to obtain consent from other persons.

If parts of the premises are not allocated , then it is necessary to obtain the consent of other owners . If this condition is not met, other owners may challenge the deed of gift and invalidate it.

Read more about the procedure for donating a share in an apartment without the consent of other owners in this article.

Motives

There can be many reasons why the owner of a premises or its share decides to donate property. They usually proceed from the need to alienate the object to another person or good intentions of a personal nature.

Causes

For example, donating part of an apartment to a minor may be caused by the donor’s desire to provide the child with residential real estate .

Unlike a will or inheritance by law, a deed of gift comes into force immediately after registration of the right .

In addition, it is much more difficult to challenge, and there is little basis for this. That is why this type of contract is considered one of the most reliable.

Giving a share of an apartment to a spouse may be motivated by a desire to do something nice and present an expensive gift. A deed of gift is drawn up in favor of a close relative due to the low cost of completing the transaction.

Tax is not paid when making such a gift , so this transaction is popular. It is worth remembering that if the essence of the agreement is replaced, the article on imaginary and feigned transactions may be applied.

Read about how to issue a deed of gift for your mother, son or daughter in this article.

Restrictions

restriction on the circle of recipients established . This means that a donation can be made to a person of any age, gender, etc.

However, for proper registration it is necessary to take into account the legal capacity of the donee. If he has not reached 18 years of age or is declared incompetent by the court , then his representative must participate in the case.

Who is not eligible to participate in the transaction?

This role cannot be filled by a person under 14 years of age.
Minors aged 14 to 18 years have the right to transfer a gift only with the permission of their parents and the consent of the guardianship and trusteeship authorities.
If a party cannot independently sign a deed of gift, he has the right to do so through a representative by proxy.

Distinctive features

Donation of a share in an apartment is carried out in compliance with all conditions dictated by the individual situation. In addition, it is necessary to collect a certain package of papers . Its selection will depend on the isolation of the donated part of the living space.

1/2 share

When donating 1/2 share of an apartment, it is necessary to indicate in the contract clear boundaries of the transferred part . If it is the personal property of the donor, then a certificate of ownership is required.

You can donate 1/3 of the apartment's share of living space free of charge. However, for this it is necessary to separate it from the entire apartment . If this cannot be done, and there are several owners, their mandatory consent to alienation will be required. If they do not give it for unreasonable reasons, the parties to the transaction will have to go to court.

1/4 share

Donating a 1/4 share of an apartment does not differ much from the procedures with other ratios of the donated share.

Thus, a donation agreement for part of an apartment can be drawn up in favor of a close relative or any other person.
It is necessary to properly formalize the transaction and collect a certain package of documents for state registration of rights.
If you want to cancel the gift agreement, we recommend that you read the following article.

Useful video

You will learn more about donating a share of an apartment in the following video:

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:

+7 (499) 938-44-61 (Moscow)

It's fast and free!

Features of the transaction of donating a share of an apartment between close relatives with changes in 2023

According to Chapter 32 of the Civil Code of the Russian Federation, every citizen of the Russian Federation has the right to donate property that belongs to him. Moreover, if the value of the gift exceeds 10,000 rubles, an agreement must be drawn up.

Similar rules apply to donating a share of an apartment, even if the gift is intended for a close relative.

Subject of the transaction

Donating a share of an apartment to a close relative through an agreement is a gratuitous transaction of transferring property into the personal ownership of another person. This requires the consent of two parties to the transaction - the donor and the recipient.

According to Art. 573 of the Civil Code of the Russian Federation, the recipient has the right to refuse to transfer property at any time. In some cases, the donor also has the right to cancel the donation procedure.

The subject of the transaction is the share of the apartment. It is important to indicate in the contract reliable information about the location of the apartment, the area of the share, information about other persons registered in the apartment and who have the right to remain in it after the donation.

Requirements for the transferred share and its allocation in kind

The text of the agreement does not provide for the definition of a specific share of the apartment; information about its area and characteristics of the entire property as a whole is sufficient.

According to the requirements of the law for 2023, a gift agreement between close relatives does not require the mandatory attachment of the consent of other owners to the alienation of a share of the apartment. There is also no need to notify other co-owners of the apartment.

The process of preliminary allocation of the alienated share in kind is also not required.
However, in the case where the donor’s share in the common property right is not determined, this obliges him to go through the procedure for allocating a share .
The size of the share is established based on the reasons for the acquisition of common property and the changes and improvements made by each participant during the period of ownership.

In the absence of advantages of one of the co-owners when allocating a share, the rights are recognized as equal . In addition, it does not matter what motives prompted the participant in common property to demand determination of his share.

A donation agreement for an item that does not have specific identification data is considered void. also cannot promise to donate a share of the apartment after your death .

It is impossible to donate a share if the potential donor has any counter-obligation, for example, if the apartment is a bank collateral, the consent of the lender is required.

Essential terms of the agreement

Based on the provisions of Art. 572 of the Civil Code of the Russian Federation, donation is recognized as a transaction of gratuitous transfer of an object by the owner to the recipient.

An agreement to donate a share of an apartment to a relative is concluded in writing using any sample. If the conclusion is oral, the document is considered void.

A sample agreement for donating a share of an apartment to a close relative, current for 2023, can be downloaded here.

The notarized form of the agreement is not required , although the parties can have it notarized if they wish. However, in any case, the agreement is registered with the territorial department of the Federal Registration Service.

When registering, you will need to provide a certain list of documents:

The original gift agreement in the amount according to the number of parties involved and one additional copy for the archive of the registering authority.
An application form filled out by the donor and recipient.
Receipt for payment of state duty along with a copy.
Documents confirming the identity of the parties.
Original and copy of documents certifying the donor's ownership of the apartment's share.
The original extract from the house register at the address of the apartment, of which the specific share is part, plus a copy of the document.
Cadastral passport with an explanation of the residential premises (original and a copy certified by the issuing authority).
Notarized consent to the alienation of a share from a spouse in case of joint ownership of property.

Another important condition when drawing up a donation agreement for a share of an apartment between close relatives is the provision of documents confirming the relationship. This will save the recipient from having to pay tax.

In the absence of confirmation, the transaction is recognized as a regular gift agreement and the recipient will have to pay income tax in full.

The gift agreement is based on mutual consent. By law, the consent of both parties is required to conclude a transaction.

Thus, the recipient has the right to refuse to accept the gift without explaining the motivation for the action.

Donation is a gratuitous transaction. The donor gives away the agreed share of the apartment without receiving anything in return. Therefore, the recipient is not obliged to perform any actions in favor of the donor.

Unlike a will, an agreement to donate a share of an apartment to a relative is almost impossible to cancel. The donor is once and for all deprived of his property, and the recipient becomes its full owner.

A gift, among other things, is also an unconditional transaction . That is, the donor does not have the right to transfer property under certain conditions. For example, it is impossible to donate a share of an apartment with the condition that the donor subsequently resides in it.

A gift agreement can be drawn up as a promise to transfer a share in an apartment upon the occurrence of certain events (for example, upon the recipient reaching the age of majority or in the event of the recipient’s marriage, etc.).
However, it should be taken into account that in the event of the sudden death of the recipient before receiving the gift, the right to it does not pass to the heirs, unless this is stipulated in a special clause.
The contract of promise of gift is drawn up in writing and must be registered with government agencies .

The deal can only be concluded during the life of the donor. If the text contains a promise to donate the subject of the transaction after the death of the donor, the document is considered void.

The donor can terminate or annul the gift agreement by law, but only in rare cases provided for by law, in particular:

if the party who accepted the gift attempted the life of the donor or one of his family members, or intentionally caused them bodily harm;
upon the death of the donor due to the fault of the recipient, the legal heirs of the donor have the right to demand the cancellation of the donation transaction;
based on the general characteristics of the invalidity of transactions, that is, if the donor was incapacitated or acted under threat;
when a gift agreement is recognized as void if it does not comply with the legal terms of the transaction;
if the transaction is considered fictitious.

Cancellation of a gift transaction is carried out in court . In this case, the gifted property is returned to the original owner without any compensation for both parties.

Nuances in the text of the document

The text of a standard agreement on the donation of a share in an apartment, concluded between close relatives, must necessarily contain the following information:

a clear description of the share or part thereof;
identification data of all parties;
address of the apartment of which the share is a part;
the total area of the donated share;
number of storeys of the building and floor location of the apartment;
special conditions.

Special conditions mean that the donor can indicate that he intends to live in the donated apartment for some time after the conclusion of the transaction or does not intend to leave it at all until his death.

An agreement to donate a share of an apartment to a close relative is considered valid only after state registration. In its absence, neither the written nor the notarial form makes the document legal.

An important feature of the gift agreement is that the property received as a gift remains the personal property of the recipient and does not become the common property of the spouses .

Expenses when registering a transaction of donation of a share in real estate

In the video, the lawyer gives answers to questions regarding the cost of the procedure for registering a transaction for donating a share in an apartment.
It explains what the amount of state duty is when re-registering ownership of a property, how and where to pay it, and in what cases additional costs may arise when donating an apartment.

You might also be interested in:

justice pro...

If you own part of a car and you decide to transfer it to another person free of charge, how to formalize this transaction? Next, we will answer questions regarding the execution of a car share donation agreement (a sample is presented later in the article).

Donation of car share: law

According to Art. 246 of the Civil Code of the Russian Federation, a participant in shared ownership has the right to donate his share. Under a contract for donating a share of a car, one party (the donor) transfers ownership of the thing to the other party (the donee) free of charge (Article 572 of the Civil Code of the Russian Federation).

Agreement for donating a share of a car by inheritance

The car may be in shared ownership as a result of the inheritance of several heirs. Then a decision is often made to donate a share of the car to the second heir. Below we will present a sample agreement for donating a share of a car by inheritance.

Agreement on donating a car share between relatives

Typically, a car share donation agreement is concluded between relatives (close relatives and family members), because in this case, the one who receives a share of the car as a gift is exempt from personal income tax.

Is it necessary to draw up a gift agreement in writing?

In accordance with Art. 574 of the Civil Code of the Russian Federation is not prohibited from concluding an agreement to donate a part of a car orally, but to perform further actions with the vehicle you will need a written form of this document.

Does the car share donation agreement need to be notarized?
The law does not provide for the obligation to notarize the donation of a car share, but to avoid negative legal consequences, it is recommended to contact a notary.
In the case when it is not the owner of the share of the car himself (for example, 1/2 share), but his representative who participates in the transaction, then a notarized power of attorney from the owner is required.
Registering a car with the traffic police after donating a part of the car

To re-register a car under a donation agreement, along with other documents necessary for registering the vehicle with the traffic police, a donation agreement for a share of the car is provided.

The list of required documents is contained in the Order of the Ministry of Internal Affairs of Russia dated 07.08.

2013 No. 605 “On approval of the administrative regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of state services for the registration of motor vehicles and trailers for them.”

If a car is inherited by relatives in shares, one owner can donate his share to another

Tax on gift of car part

Anyone who receives a share of a car as a gift is required to pay income tax unless they are a family member or close relative of the donor. Read more about this here.

Donation agreement for car share: sample

Below is a form (sample) of a donation agreement for a part of a car. It is similar to an agreement for donating a car, only when filling out the form it is indicated what share of the car is being donated (for example, donating ½ share of the car).

AGREEMENT
DONATIONS OF CAR SHARE
(place of conclusion of the contract)
(date of)
______________ (full name, month, year of birth), passport series ______ number ______ issued___________, hereinafter referred to as the “Donor,” on the one hand and
______________ (full name, month, year of birth), passport series ______ number ______ issued by___________, hereinafter referred to as the “Done”, on the other hand, and together referred to as the “Parties”, have entered into this agreement as follows:

Under this agreement, the Donor transfers ownership to the Donee free of charge, and the Donee accepts as a gift a share in the amount of _____ of a vehicle with the following characteristics:

— name (type of vehicle): ____________;
— make, model of vehicle: _____________;
— vehicle category: ______________;
- register sign: ____________;
— identification number (VIN): ____________;
- year of issue: ______________;
— model, engine number: _________;

— engine power, hp (kW): ____________;

— chassis (frame) No.: ___________;
— body (cabin, trailer) No.: _________;
- color: _______________.

The donor has ______ interest in the ownership of the car based on ________________.
The donor guarantees that at the time of signing this agreement, the specified share has not been sold to anyone else, has not been gifted, has not been pledged, is not encumbered with the rights of third parties, is not in dispute or under arrest.
The donor guarantees the transfer of the car within ________ (period, for example, on the day of signing the contract or no later than 10 days from the date of signing the contract).
The donor has the right to cancel the donation on the grounds provided for by the current legislation of the Russian Federation.
The Agreement comes into force from the moment it is signed and is valid until the Parties fully fulfill their obligations under the Agreement.
This agreement is drawn up in ____ copies having equal legal force.
The costs of drawing up this agreement are paid by _______.

Details and signatures

Donor Donee

When there is a need to transfer part of a vehicle free of charge, a car share donation agreement is drawn up. A sample agreement, as well as answers to questions related to the preparation of this document, are given in this article.

Posted by:
Ralenko Anton Andreevich
Moscow 2018

Draw up a donation agreement for a share of an apartment yourself

A sample /template for donating an apartment share can be downloaded here on the website. It’s even easier to draw up agreements using the Contract Designer and immediately receive a ready-made document for the Register and detailed explanations for registering ownership of the Donee.

Article updated: 01/14/2022

Sample donation agreement for a share of an apartment

A donation is the gratuitous transfer of one's property to another person for full ownership.
Giving is a civil human right.

This right is ensured by the freedom of a person to dispose of his property.

The donation of a share does not imply the donation of part of the apartment or the physical allocation of part of the apartment - it is a share in the ownership right.
That is, after registration of the right to the donee/donees, the sole right of ownership is terminated and the right of common shared ownership is registered.

By the way, any transactions for the alienation of real estate that is in common shared ownership require certification from a notary!

Documentation of donation of a share in the right

The donation of a share in the right of shared ownership of real estate is formalized by a Donation Agreement in notarial form.

A gift agreement in simple written form is drawn up only if:

A share in the right is alienated from sole ownership or common joint ownership

At the same time, it is impossible to give a share in the right of another spouse by a gift agreement if the real estate was acquired during marriage, that is, it is jointly acquired property. Such division into shares is recognized as a division of jointly acquired property and must be certified by a notary.

Also, in order to donate a share in the right to children from jointly acquired real estate, the notarized consent of the other spouse to this transaction is required.

The donation of an entire apartment or a share in an apartment by the sole owner is formalized by a gift agreement in simple written form and does not require certification by a notary!

Donating an entire apartment or a share in the right to real estate, which is jointly acquired property, to another spouse is impossible, since it is recognized as a division of property acquired in a legal marriage and is formalized by an Agreement on the division of property with a notary.

The donation of a share in the right from common shared property or from common joint property is subject to certification by a notary. The contract is drawn up by his assistant.

How to give an apartment to children

Donating a share in an apartment does not imply notification to other participants in the common shared ownership.

The donor has the right to donate his share in the common shared property to either one or several recipients.

And also donate part of your share.

Such agreements must be certified by a notary.
For example:
If the donor has 1/2 (remember fractions - write it as 2/4, 3/6, 4/8) share in the right of common shared ownership, he can give, for example, 1/4, 1/6 or 3/8 and so on.
If the Donor acquired ownership of real estate under a purchase and sale agreement while married, then in order to legally register the transfer of ownership of real estate to the Donee, the consent of the spouse to this alienation, certified by a notary, is required.
To transfer ownership rights to the Donee, contact Rosreestr with an application for this.
Registration of ownership of the Donee is required!

It is useful to read additional articles: