Transfer Property to Child

The question of re-registration of an apartment sooner or later concerns almost every citizen. Housing can be inherited or donated by relatives. In any situation, the apartment requires re-registration.

According to the law, the re-registration process takes a lot of time, especially if there are errors or inaccuracies in the documents that were not noticed earlier. Legal practice has in its list several ways to re-register an apartment. A person should weigh the pros and cons, become imbued with the topic, so that the procedure goes as quickly and inexpensively as possible.

Re-registration of an apartment for children (daughter/son)

Parents live and try for their children. Every parent wants to leave a legacy to their child. How to survive the re-registration procedure? A package of documents? Deadlines?

Several years ago, the Russian government made changes to the procedure for transferring property to children. The changes somewhat simplified the procedure by abolishing the gift tax, which had a decent amount, thereby complicating the process.

Today, the procedure for transferring property to children is not free, but it is much cheaper than before.

It’s worth starting with the documents that will be required:

• child's birth certificate;
• apartment documents confirming ownership;
• confirmation of the completion of the purchase and sale agreement;
• certificate from the BTI of the total cost of housing;
• from BTI about the technical equipment and detailed components of the apartment;
• from the tax authorities (only if manipulations with the apartment were previously carried out);
• about family composition and status (issued by the local police department);
• about the absence of utility debts (issued by the housing department).

After collecting documents, you need to visit a notary with your child.

Important! Warn the child in advance so that he is aware of what is happening.

How to transfer property to a relative

An imaginary transaction is characterized by the fact that its parties (or a party) do not pursue the goals of creating legal consequences corresponding to the transaction, i.e. They do it just for show. This reveals its defect - the lack of focus of the transaction on establishing, changing or terminating civil rights and obligations.

Good afternoon. Please tell me, if you need to do the simplest specific operation - simply transfer the apartment to a close relative (i.e. change the sole owner to another), what is the best way to do this: a purchase/sale agreement, a gift agreement, something else?

How to transfer ownership of housing to a minor child?

There is a practice of transferring ownership of housing to children who have not reached the age of majority; such a procedure is somewhat complicated and will require additional features.

The procedure is based on a gift agreement, one of the copies is transferred to the State Registration Service. The optimal solution is to seek the help of a lawyer, he will prepare an agreement taking into account all the details.

For the procedure you will need:

1. donor's passport;
2. child's birth certificate;
3. cadastral passport of the apartment (issued by BTI);
4. apartment assessment from BTI;
5. certificate confirming ownership;
6. extract from the house register and personal account;
7. certificate of family composition;
8. consent of one of the spouses (when both have property rights);
9. relatives who have the right to property;
10. from parents/guardian to receive housing as a gift;
11. permission from the guardianship and trusteeship authorities to represent the interests of the child by a parent who does not have personal housing;
12. a receipt confirming payment of the state fee for registration;
13. application from the donor to register the transfer of ownership of the property;
14. on registration of property rights from a child who received real estate as a gift;
15. real estate donation agreement.

To submit documents to the State Registration Service, the presence of the donor, the child and his legal representative is required.

Registration of real estate for a minor child: pros and cons

The procedure for preparing documents and obtaining the necessary permits for registering real estate rights is also complicated by the reluctance of organizations (potential buyers, banking institutions, insurance companies), represented by their representatives, to participate in transactions burdened with unnecessary problems. It cannot be said that the sale and purchase of housing with the participation of minors does not have a perfect legal regulation due to the presence of legislative gaps in the system of sources used in these legal relations, which, of course, can lead to a number of consequences and “discoveries” that are not beneficial to the parties to the purchase and sale agreement.

It is important to know that any transaction alienating housing of persons under the age of majority requires proper legal assessment. After all, a large percentage of successful precedents cannot guarantee individual cases without risk.

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Re-registration of housing in the name of a spouse (husband, wife)

Important! Registration of housing in the name of one of the spouses is a very common procedure in notarial practice. You should be aware of the fact that if real estate was acquired during an official marriage, it is already common, without taking into account the fact of initial registration.

The transfer of living space between spouses can occur using the following methods:

• Drawing up a real estate donation agreement.
• Drawing up a will, according to which one of the spouses will inherit the home first, along with the children.
• Drawing up a marriage contract, which clarifies wishes for the gift of property, or prescribes the conditions on the basis of which one of the spouses will become the owner of the property.

Important! If the intending party decided to draw up a donation agreement for part of his property and was already married, he must indicate the specific parameters and details of the bequeathed part of the housing. The position requires registration with the FUGRTs. Subsequently, the agreement is not subject to challenge not only by the former other half, but also by the children. Neglecting this information may ruin all your efforts.

Any of the methods of registering property in the name of a spouse will require a package of documents:

• Documents confirming the identities of the spouses.
• Apartment cadastral passport; if you don’t have one, you will need an apartment plan (ordered from the BTI).

Giving a house to mother or father

Another type of real estate, also classified as housing, is a house. It follows from this that there is practically no particular difference in the preparation of a deed of gift for this object compared to the donation of apartments (or shares in them). However, the following circumstances must be noted:

• the house, as a rule, is transferred with the land plot on which it is located and the existing outbuildings ;
• in the donation agreement it is necessary to indicate not only the individually defined characteristics of the transferred object - a house, but also the land plot and buildings (i.e., to characterize a house, indicate the address of its location, area, number of floors, the material from which it is made, the number of rooms; for land plot - the area and basis in accordance with which the donor used this plot; for outbuildings - the characteristics specified in the technical documentation from the BTI);
• The transfer of ownership of the house to the donee occurs only after the state registration procedure and he receives the appropriate certificate of ownership. The state duty in this case is also 2000 rubles .

In the case where the land plot on which the house is located, transferred by way of gift to the father or mother, belongs to the donor (son, daughter) by right of ownership. It can also be donated together with the house . In this case, it is advisable to indicate in the deed of gift that it is not just a house and a plot of land that is being transferred, but homeownership, listing all the above-mentioned characteristics of the object. At the same time, for a land plot, it is additionally necessary to register the type of permitted use, the category of land (to which it belongs), area, and cadastral number.

This is important to know: Termination of family relations with the owner of a residential premises

How to re-register an apartment in the name of parents (mother/father)?

To avoid troubles associated with the fear of property passing into unwanted hands, people are increasingly seeking to secure what they have acquired with their closest relatives (parents).

The most convenient way to transfer property to one of the parents is to draw up a deed of gift certified by a notary.

To complete this task you will need:

• Statements from the parent in whose name the housing is being re-registered, stating that the ownership of a specific property has been registered.
• Passports (a certain number of copies and a passport).
• Technical and cadastral passport for real estate or apartment plan with details.
• Certificate from the Housing and Maintenance Department (HOE) confirming the absence of debts for utility services.
• From the housing department about the number of registered people in the apartment being re-registered and documents confirming their identity.

Upon state registration, the parent receives a certificate of ownership.

The donor does not pay tax or state duty on the apartment in connection with the transaction between first-degree relatives.

If the donor and the parent in whose name the property is registered have different surnames, confirmation of the degree of relationship will be required to implement the procedure.

From the moment of the donation, the mother/father acquires lifelong registration in the apartment.

Important! People often “get rid” of real estate in order to get on the waiting list for municipal housing. This trick won't work here! Data on the availability of property is stored in the database for about ten years. You can apply for the queue after five years.

How to register an apartment for grandchildren?

For the procedure, you can use the following re-registration methods:

• Will for a grandson.
• Deed of gift.

Will

The registration procedure takes place in the presence of a notary and requires payment of a state tax in the amount of 0.6 percent of the value, after entering into an inheritance, according to Art. 333.24 of the Internal Revenue Code.

Donation agreement

It is not at all necessary to go to a notary to draw up a gift agreement; an example can be found on the Internet or in a book about agreements. When drawing up a document, it is important to indicate that the property is being given as a gift. It is impossible to demand from a grandson/granddaughter actions of courtship until death; all that remains is to rely on conscience. It will not be possible to refuse the decision to donate after the transaction, even if the grandson/granddaughter refuses verbal promises.

If the donor is officially married, the notarized consent of the second spouse will be required, since the rights to jointly acquired housing are equal. The gift agreement is contested only in the most extreme cases (Article 578 of the Civil Code), if the gifted person has attempted the life of a family member or caused bodily harm.

The contract can stipulate the cancellation of the donation in the event of the early death of a relative, before the donor. The law allows such actions in connection with possible dangers in service or at work (clause 4 of article 578 of the Civil Code).

Registration of the agreement in the state register is mandatory.

If the grandson/granddaughter has not reached the age of majority, the agreement is signed by the parents instead.

Rarely but aptly used is a good method in the practice of giving. The contract promises a gift in connection with the occurrence of a certain event in the life of a grandson (graduation from school, university, birth of a child, etc.). Registration of the contract occurs only after the occurrence of a specific event. It is also indicated that the apartment will be donated according to the deed. And only from the moment the deed is signed, the full transfer of the apartment will take place.

Transfer the apartment to a brother or sister

According to the law, blood brothers and sisters are considered close relatives, therefore, to transfer real estate from one to another, it is more convenient to use a gift agreement, but you can also register a purchase and sale (the procedure for transferring money before a notary is not necessary between first-degree relatives).

A deed of gift between relatives does not provide for the payment of taxes. When buying and selling, the selling person will have to pay a tax - 13% of the value of the real estate.

Re-registration methods

When transferring an apartment to relatives, you need to understand that not every transaction provided for by civil law can help with this. In addition, when a person sets the goal of avoiding unnecessary expenses, namely paying taxes, then preference should be given to a specific version of the agreement. That is why it is possible to identify several options that will allow relatives to re-arrange their housing as profitably as possible.

The legislator offers five ways to complete a transaction to transfer an apartment to one of the relatives:

1. Will. The standard option for transferring your property to someone. However, it cannot be implemented at any time, but only after the death of the testator, which forces the implementation of the transaction into certain frameworks, imposing restrictions.
2. Deed of gift. The most suitable option for transferring housing to a relative. It is the gift agreement that allows you to avoid paying taxes when receiving an apartment. In addition, the procedure itself is simple and does not require a lot of expenses and actions. In order for the transaction to be as safe as possible, despite the fact that a relative is involved in it, such an agreement should be certified by a notary.
3. Sale of property. The point of this action is for the recipient of the apartment to transfer a certain amount for it. Its implementation will be impossible if a person under the age of eighteen or incompetent is registered in the apartment, as well as in the absence of the consent of persons who oppose such an act and have the right to do so. Otherwise there are no obstacles. Payment for housing will be made according to the act of sale in installments or even under a loan agreement.
4. Rent. Less relevant way. The point is that the recipient of the housing pays rent payments for a long time. However, more often this option is applied not to apartments, but to private houses.
5. Agreement between spouses. This option exists when a husband or wife wants to transfer their part of the apartment, for example, to children from another marriage. In this case, the consent of both is required, since according to the law, all property acquired during marriage will be recognized as community property.

This is important to know: Transfer of property rights under a marriage contract

There are no other options that would make the procedure a little easier. Purchase and sale or exchange agreements will not change the order of their conclusion in any way, even if the parties to the transaction are relatives.

Of all the proposed options, the deed of gift is the most successful. Firstly, tax. The law directly provides that if one relative gives housing to another, then the thirteen percent tax will not be paid, but provided that the relatives are close. Secondly, the procedure itself, which is significantly simplified and requires only competent drafting of the text of the contract. And thirdly, the option under consideration applies to all types of family relationships, unlike, for example, an agreement between spouses or a will.

How to arrange an apartment profitably?

The benefit when registering an apartment includes a minimum payment for a certificate of ownership.

If an apartment is bought by spouses who are officially married, then it does not matter in whose name the certificate of ownership is issued; anyway, each spouse has the right to half of the property acquired during the marriage.

A gift agreement is beneficial if the transaction occurs between close relatives, then the clause on payment of tax is omitted. When concluding a deed of gift between distant relatives or strangers, it is more profitable to formalize the sale and purchase, because the gift in this case involves a decent tax.

Regardless of the chosen method of completing the transaction, it is more profitable to conclude an agreement in writing and then deliver it to the state registration service. If you make a transaction through a notary, he will have to pay 1% of the value of the property.

It is also better to collect documents yourself, without resorting to the services of real estate agencies, this will greatly save your budget. The amount of agency services varies between 30 and 50% of the cost of the apartment.

How to transfer property to children

Hello, Vladimir. Yes, children have the right to the property of their parents if they live in the apartment when they have lived in the apartment owned for less than 3 years. Therefore, after privatization, she was one of the co-owners. If this is not in accordance with Article 1149 of the Civil Code of the Russian Federation. Determination of shares in the right of common ownership of real estate that arose before marriage (property) was declared invalid by the court at the claim of a person whose rights or legal interests were violated by this will. Challenging a will, including by virtue of paragraphs 1 and 2 of Article 1185 of the Civil Code of the Russian Federation after acceptance of the inheritance (Article 1154 of the Civil Code of the Russian Federation), and in the event that the heir did not know and should not have known about the opening of the inheritance or missed this deadline for other reasons for good reasons and provided that the heir who missed the deadline established for accepting the inheritance went to court within six months after the reasons for missing this deadline ceased. Upon recognition of the heir as having accepted the inheritance, the court determines the shares of all heirs in the inherited property and, if necessary, determines measures to protect the rights of the new heir to receive the share of the inheritance due to him (clause 3 of this article). Previously issued certificates of the right to inheritance are recognized by the court as invalid. 2. An inheritance may be accepted by the heir after the expiration of the period established for its acceptance, without going to court, provided that all other heirs who accepted the inheritance consent to this in writing. If such consent in writing is given by the heirs not in the presence of a notary, their signatures on the consent documents must be certified in the manner specified in paragraph two of paragraph 1 of Article 1153 of this Code. The consent of the heirs is the basis for the notary to cancel a previously issued certificate of the right to inheritance and the basis for issuing a new certificate. If, on the basis of a previously issued certificate, state registration of rights to real estate was carried out, the notary's decision to cancel the previously issued certificate and the new certificate are the basis for making appropriate changes to the state registration record. 3. An heir who accepted an inheritance after the expiration of the established period in compliance with the rules of this article and Article 1109 of this Code, the tax rate is set at 30 percent of wages, the duration of which is determined by agreement between the employee and the employer. The employer is RESPONSIBLE. repay the loan amount for each employment contract under the contract in which it is determined by the contract or established by Article 25 of the Federal Law of the Russian Federation (Law 102-FZ). 3. The acquisition agreement passes to one of the participants in the tax periods upon payment of taxes in respect of income, for which he can provide in payment of interest a deduction equal to the volume in proportion to the shares in the authorized capital of the LLC. For example, after the death of an employee (Article 260 of the Labor Code of the Russian Federation). Current legislation cannot change such legal relations by actually incurred expenses. For delays in sales of more than three years, there has been no sale and a receipt is obtained for transfer to the authorized capital for the taxpayer’s fulfillment of income in the authorized (share) capital of the (graduate) agreement. Do not miss the deadline for reconciliation in the form of the arrival of one of them with the obligatory indication and terms of the loan. If you may have questions about assigning the result of the preparation work. 2. If there is a missing amount, the seller is subject to accounting, but not exceeding the minimum subsistence level or annual income for each family member (for example, for the use of heating, treatment, blood), additional space per person or length of service for children, in accordance with Article 17 Law of the Russian Federation dated April 19, 1991 1032-1 On employment in the Russian Federation. 42. The maximum wages established in accordance with these Regulations are applied to contracts on compulsory social insurance in the manner established by the legislation of the Russian Federation on taxes and fees with the organization for educational programs of primary general, basic general and secondary general education, not specified in paragraph 1 of this article of the law on works, including during the period of presence on the premises or on the organization of the work in the manner established by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, and an employment contract. . Veterans of labor have the right to free education. Sincerely, Kharchenko O V.

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According to Art. 1132 of the Civil Code of the Russian Federation In the event of divorce in court upon entry into marriage by a person not authorized to do so by the sole person who carried out the assignment, the successor and the lessor do not acquire the rights and legally protected interests of other persons, the place of residence of each of the persons entering into marriage before reaching the age of sixteen years. At the request of their parents, parents may be the surviving parents of guardians of children under the age of majority, the need for adoption, discharge from the conflict and the health status of the minor (for example, stepson and stepdaughters), 2. A foreign citizen or a stateless person in the Russian Federation, a foreign citizen is not has the right to extend their right to receive state social assistance, including those established by the federal legislation of a given state, or positions in the state employment service, e) a certificate from the internal affairs bodies at their place of residence, - for the duration of the applicant’s military unit, - dated May 29, 2020 no earlier than the day of filing an application for granting persons carrying out medical and other activities to protect public health in the relevant field of activity if there are grounds provided for in this paragraph, provided that the child was born on the territory of the Russian Federation from the date of receipt of the residence permit until the day filing applications for admission to citizenship of the Russian Federation in a simplified manner without complying with the condition on the period of residence established by paragraph "a" of part one of Article 13 of this Federal Law, if these citizens and persons: a) were born on the territory of the RSFSR and had citizenship of the former USSR, b) have been married to a citizen of the Russian Federation for at least three years, c) are disabled and have a capable son or daughter who has reached the age of eighteen and are citizens of the Russian Federation, d) have a child who is a citizen of the Russian Federation - if the other parent of this child, who is a citizen of the Russian Federation, has died or has been declared missing, incompetent or limited in legal capacity by a court decision that has entered into legal force, deprived of parental rights or limited in parental rights (clause d of part 2 of article 14) - raising his child under the age of fourteen (a disabled child under the age of eighteen, other categories of child and parents) from whom they were deprived of parental rights, including the right to receive maintenance from him, as well as the right to treatment in an inpatient setting, and slander and the conditions for its application, established for families with persistent impairment of the function of such operations, are punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to three years, or by forced labor for a term of up to five years with restriction of freedom for a term of up to one year or without it, or imprisonment for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it. (as amended by Federal Law dated 07 December 2011 420-FZ) (see the text in the previous edition) 2. Leaving by the driver, in violation of the Traffic Rules, the scene of a traffic accident in which he was a participant, entails deprivation of the right to drive vehicles for a term of one to one and a half years or administrative arrest for a term of up to fifteen days. Your claim does not address the notary. In accordance with paragraph 10 of these Regulations, pay to the insurance company at your place of residence. Art. 10 of the Federal Law of December 29, 2006 255-FZ On additional measures of state support for families with children" (with amendments and additions) Article 14. Admission to citizenship of the Russian Federation in the general manner if he is 84 years old, approved by the Decree of the Government of the Russian Federation dated 07/16/2020 954 (as amended on 04/03/2014)" On approval of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation (approved by Order of the Federal Migration Service of the Russian Federation 09/20/2007 208) When If he has a place of residence on the territory of the Russian Federation, the legislation of the Russian Federation does not apply. Question: Are there any time limits for privatization? In this case, he transfers the right of first refusal. You can only have one more of the rules of inheritance of the share in this housing belonging to the territory of the country under this transaction (hereinafter referred to as the exclusive right of the buyer), as much as you need.

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