Is it possible to donate an apartment with registered people: what is the registration procedure, how to donate real estate if a minor is registered in it, is it necessary to register the transaction and how to subsequently register it?

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

Today, all issues related to the implementation of a gift transaction are within the jurisdiction of civil law.

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.

But what if you were given an apartment with a registered person? We will consider the procedure in detail later in the article.

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.

Is it possible to donate an apartment with a registered person?

The presence of people registered in the apartment is not an obstacle to the gratuitous transfer of ownership through the registration of a deed of gift for the apartment by the sole owner. But it is impossible to donate living space that is the common property of the spouses if the second spouse refuses to sign an agreement on the transfer of ownership rights together with the initiator of the process.

Agreement on donation of an apartment: form, sample filling.

Is it possible to donate an apartment with registered minor children? Living in an apartment for minors, including actual residence, also does not prevent the donor from exercising the right to donate an apartment with a registered child.

A minor owner of real estate does not have the right to gift it to an individual or legal entity, even with the assistance of a guardian.

The gift agreement has legal force if:

carrying out state registration of the document (in accordance with Article 551, paragraph 1 of the Civil Code of the Russian Federation) - otherwise the alienation of property will be declared invalid;
the legal capacity and majority of the owner of an apartment or other real estate;
fulfillment of the condition of absolute voluntary action of the donor in relation to his property.

Having found out whether it is possible to donate an apartment if a minor child is registered in it, you should talk about how to do this.

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.

The procedure for the donor to be discharged from the donated apartment

As in any similar case, when property rights are transferred from one person to another, in the case of a gift, the tenants must sign out after the transaction is completed. There are two ways:

voluntary, everyone registered independently submits an application for deregistration;
forced, when the donor does not want to leave the apartment, and the case has to be taken to court.

To extract the donor in court, the new owner of the apartment must fill out an application and attach a package of documents. The claim must indicate:

passport data of the parties to the process;
the reasons on which the plaintiff went to court with references to the laws;
your requirements;
list of applications;
date and signature.

The application is written by hand using blue or black ink and a ballpoint pen. It is advisable to practice beforehand, since if the claim is carelessly drawn up, or the secretary finds grammatical errors, then he may well refuse to accept such an application. The following documents should be attached to it:

tax payment receipt;
personal passport;
title document for housing;
evidence of the donor’s residence in the donated apartment;
other documents necessary for the process.

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.

The donee must be warned in advance, because it is possible that just such a nuance may become the basis for the donee to simply refuse the transaction.

Therefore, information about the encumbrance must be indicated in the contract without fail.

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.

Donating an apartment - help

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. 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.

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.

Donating an apartment with registered people

Registration in a specific premises gives only the right of residence, and not the right of ownership. The owner can give real estate with people registered in it to anyone without asking their permission.

Points to consider:

The child is registered in the apartment, you need to provide him with another place of registration, having secured permission from the guardianship authorities;
You cannot write out a person who has been granted ownership rights under a rental agreement, or a child left without parental care. Deregistration is not allowed even by force.
Citizens can be discharged at any time: both before and after registration of the DD. If registration is canceled after the transaction is concluded, it is necessary to indicate in the contract how long it will take for people to be discharged.

Note! If citizens are not discharged within the established time frame, the donee, after registering the gift agreement, has the right to independently remove them from the register voluntarily or through the court. Ownership from this moment passes to him

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.

Procedure

In order to evict the person who gave it to you from the apartment, you must follow a clear algorithm of actions, namely:

Resolve the dispute out of court. To do this, a notice of discharge must be sent to the registrant. You will learn how to do this from this article.
If it was possible to agree with the donor on his discharge, then he must appear at the Department of Internal Affairs of the Ministry of Internal Affairs of Russia at his place of residence and write an application form No. 6. You can read more about how to do this here.
If voluntary discharge cannot be achieved, then the only option left is to appeal to the judicial authorities. It is necessary to fill out an application, prepare the required documents, go to court and participate in hearings.
Receive the decision of the judicial authority and contact the department of the Internal Affairs Directorate of the Ministry of Internal Affairs of the Russian Federation at the location of the disputed apartment and changes will be made to the list of persons entitled to use the residential premises.

It is necessary to remember that you should not try to expel the donor from the apartment on your own, especially with the use of force or threats - in this case, you may not only lose the gift, but also be prosecuted under Article 330 of the Criminal Code of the Russian Federation for arbitrariness.

Example . Prokhorov R.N. received an apartment as a gift from his partner. After the donation agreement was certified, Prokhorov registered his ownership of the housing in Rosreestr. He lived in this apartment for another three years with his partner, but after this period they separated. The donor moved out of the apartment, but refused to check out. Then Prokhorov R.N. filed a lawsuit to recognize the former cohabitant as having lost the right to reside in the apartment. He motivated this by the long absence of the defendant from the disputed housing. The court fully satisfied the plaintiff’s request and the employees of the Department of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation made changes to the apartment card.