How to re-register a house for a daughter. Re-registration of an apartment for a daughter Re-registration of an apartment for an outsider
Often there are situations when they want to register an apartment or a residential building for a relative - a grandmother for a grandson, a mother for a daughter, etc. What's the best way to check all this? After all, there are several options: an apartment can be “sold”, as it were, you can donate it, or you can bequeath it. Each option has its pros and cons.
This article is a reference and information material, all the information in it is presented for informational purposes and is for informational purposes only.
Today portal will talk about each of them in more detail. And we will take the above example as a basis: a mother wants to transfer an apartment to her daughter.
Purchase and sale: husband will become co-owner of his daughter
The essence of this transaction is clear to everyone - under the contract of sale, the seller transfers the property to the buyer, and the buyer pays money for the acquired property. Since the deal is between relatives, realtors-intermediaries are not particularly needed here, because you won’t have to look for housing options. You can check the deal yourself.
organizational moments. The contract of sale must be drawn up in simple written form. It is not necessary to certify it with a notary, but it is possible at the request of the parties. An act of transfer of property must be drawn up to the contract of sale. You can draw up an agreement and an act yourself, but it’s better to contact a specialist (a lawyer, a notary, a law office, Moszhilregistration, etc.).
The seller and the buyer need to visit the registration chamber, where the sale and purchase agreement itself will pass the state registration procedure, and the buyer's rights will also be registered.
For money. Prices for drawing up a contract and an act are different everywhere (prices vary from 2500 rubles and higher). If the parties intend to certify the contract with a notary, then a state fee is added to this amount, the amount of which is provided for in Art. 333.24 of the Tax Code.
For state registration, a state fee is also charged, the amount of which is: 1000 rubles, for registration of the property right of the buyer - 1000 rubles.
By deadline . The state registration procedure (agreement and ownership) takes 1 month. Add to this period the time spent on collecting all the necessary documents, drawing up a contract, act, etc.
Things to remember:
1) The seller must pay the tax.
What can we hide, transactions for the purchase and sale of an apartment between close relatives are most often fictitious, that is, the parties draw up all the papers, but they do not make cash settlements. But despite this, The contract must always state the value of the property to be purchased.
. The contract is being registered, and the fact that the person “sold” the apartment becomes known to the tax authorities (the registration service is obliged to notify the tax authorities). So, if the seller owned the apartment for less than three years and the transaction cost exceeds 1,000,000 rubles, then the seller is obliged to pay a 13% tax (personal income tax) on the amount over 1,000,000.
In order not to pay tax, many deliberately underestimate the cost of housing for sale. For example, they write in the contract that housing is being sold for 1,000,000 rubles. But it is worth remembering that the tax authorities have the right to conduct an appropriate audit.
And if tax officials come to the conclusion that the price of an apartment deviates upwards or downwards by more than 20 percent of the market price, then they can make a reasoned decision to charge additional tax and penalties calculated in such a way as if the results of this transactions were valued based on the application of market prices for the relevant goods.
“Fictitious sales transactions, without a real transfer of money, are now very closely monitored by the tax office,” says Olga Yakunicheva, Senior Manager of the Secondary Housing Department of CJSC Russian House of Real Estate. - Therefore, it is better not to get involved with this method of transferring property.”
2) The buyer may not receive a property tax deduction
It must be remembered that you will not be able to use such a deduction if the transaction is made between related individuals
. These include:
Persons who are in a marriage relationship, a relationship of kinship or property, an adoptive parent and an adopted child, as well as a trustee and a ward;
- a citizen who is subordinate to another natural person by official position.
3) As a general rule, if the buyer has a spouse, then the purchased apartment becomes joint property. For example, a mother sells an apartment to her daughter, who is married, which means that the apartment will be the common property of the spouses.
“It is necessary to obtain notarial consent for such a transaction from the spouse. Therefore, it will not be possible to hide from him the fact of acquiring an apartment under a sale and purchase agreement, ”comments Alexander Perepelkin, lawyer at NORA Firm LLC.
In the event of a divorce, the husband has the right to claim half of the housing. This can only be avoided if a marriage contract is drawn up between the spouses, which will determine the ownership regime of the future purchase. Also, the spouses have the right, after buying an apartment, to draw up an agreement on the division of property.
Gift: the husband will no longer be able to encroach
The essence of the transaction is that the donor transfers the property of the donee to the property free of charge
.
Organizational moments: almost identical to a sale and purchase transaction. Only between the parties is a gift agreement.
The donation agreement and the transfer of ownership must undergo state registration. The fee will be: 1000 rubles for registration of the contract, 1000 rubles for registration of property rights. Registration period is 1 month.
Things to remember:
1) When donating, property is registered only in the name of the person who will be the donee.
That is, in the above case, if the mother gives an apartment to her daughter, then the living quarters will be the sole property of the daughter. In accordance with Art. 36 of the Family Code of the Russian Federation, property received by one of the spouses during marriage as a gift is his property. If the family is threatened with divorce, then the apartment is not subject to division.
Although there is still one small loophole in the law. There is article 37 in the Family Code, which states that if the husband manages to prove that during the period of marriage he repaired, restored the apartment donated to his wife so that its value increased, then it can be considered joint property.
2) The donor will not have to pay personal income tax, since the donation is a gratuitous transaction, which means that he did not receive any income. And here it is more difficult with the donee- if he received a gift not from a relative, then the tax will have to be paid, and if from a close relative, then he is exempt from tax. Close relatives are considered to be spouses, parents and children, including adoptive parents and adopted children, grandfathers, grandmothers and grandchildren, full and half-blooded (having a common father or mother) brothers and sisters (subclause 18.1, clause 1, article 217 of the Tax Code of the Russian Federation).
Thus, if in our case the mother gives an apartment to her daughter, then the daughter will not pay personal income tax on the gift received.
Testament: be careful with encumbrances
Another option to issue a living space to a relative is to transfer an apartment by will.
Organizational moments: a will is drawn up at the notary, that is, the will must be notarized. (Although in some cases the law equates to notarized wills the last will of the testator certified by far from a notary (for example, the head physician of a nursing home, the head of places of detention, etc.).
So, the owner of the apartment must visit a notary and draw up a will. Nothing more is required of him.
The heir will be able to formalize (register) the ownership of the apartment only after the death of the testator. In accordance with paragraph 4 of Art. 1154 of the Civil Code of the Russian Federation, the accepted inheritance is recognized as belonging to the heir from the day the inheritance was opened (the day of the death of the testator), regardless of the time when it was actually accepted, and also regardless of the moment of state registration of the heir's right.
In order to accept the inheritance, you must contact a notary and apply for a certificate of inheritance. Inheritance can be accepted within 6 months from the date of opening. The certificate of the right to inheritance is issued to the heirs at any time after six months from the date of opening of the inheritance.
For money . From the testator - in accordance with the Tax Code of the Russian Federation, the state fee for certifying a will is 100 rubles. But, as a rule, the final amount for the probate process can be much more. The fact is that in addition to the state fee, notary offices charge a fee for the so-called technical work: print the text of the will, print the document, flash the necessary documents, etc.
From the heir - it will be necessary to pay the state fee for issuing a certificate of the right to inheritance:
Children, including adopted children, spouse, parents, full brothers and sisters of the testator - 0.3 percent of the value of the inherited property, but not more 100 000 rubles;
- to other heirs - 0.6 percent of the value of the inherited property, but not more than 1,000,000 rubles. As you can see, the amount is rather big - but in the Russian Federation there is no inheritance tax!
After the heir receives a certificate of the right to inherit, he can apply to the registration service, where he will register the right of ownership.
The state fee for registration of property rights from January 29, 2010 is 1000 rubles.
Things to remember:
- As Alexander Perepelkin (NORA) warns, there is a risk of conflicting interests other relatives who are entitled to a compulsory share in the inheritance
even if there is a will (these are disabled and minor children of the testator, disabled spouses, parents, dependents). In this regard, there is only one way out, this is to dispose of the apartment during his lifetime, which means that again it is necessary to choose between a donation or sale agreement.
The testator has the right to cancel or change the will drawn up by him at any time, without specifying the reasons for its cancellation or change;
The testator in the will has the right to establish testamentary refusal. That is, the will will indicate the obligation of the heir to fulfill at the expense of the inheritance any obligation of a property nature in favor of one or more persons (legatees) who acquire the right to demand the fulfillment of this obligation (testamentary refusal).
So, on the heir to whom a residential house, apartment or other residential premises passes, the testator may impose the obligation to grant to another person for the period of life of this person or for another period the right to use this premises or a certain part of it.
At the same time, you need to know that even the further sale of the apartment will not deprive such a legatee of the right to live in this residential area. That is, it will be a kind of encumbrance of the living quarters. The legatee can be evicted only if he himself gives his consent to this.
- “And we must also keep in mind that lawyers and realtors do not like to work with inherited apartments the most!” - emphasizes Olga Yakunicheva ("Russian House of Real Estate").
It is impossible to prove the "purity" of such an apartment in practice, because theoretically there is always a risk of the unexpected appearance of other heirs or some kind of lost will, which the current owner of the apartment may not be aware of, or hide them deliberately. So with the sale of apartments received by will, difficulties often arise.
Re-registration of ownership of real estate involves the need to collect a large number of documents, pay state duties and fees. In disputable cases, you may need the help of lawyers so that the transaction being made is not recognized as illegal after a certain period of time.
There are several ways in which you can transfer ownership to another person.
The choice of the method by which you can re-register the property to another depends on the specific conditions and desires of the participants.
Re-registration of an apartment for children (daughter, son)
The transfer of ownership of a property to children is most often carried out by means of donation and inheritance. Donation can be considered the least expensive way, since it does not require the payment of taxes, and it requires a minimum package of documents.
There are several aspects to a donation agreement:
To register an apartment (or part of it) for children, you will need:
- documents for the property (certificate of privatization, purchase agreement, will, etc.);
- documents from BTI, cadastral passport;
- donation agreement or will;
- personal documents of the participants of registration.
When real estate is re-registered by will, the child will become the owner after the death of the parents. When donating real estate, he becomes the owner from the moment the necessary documents are completed.
Other ways to transfer ownership of housing to children are rare.
How to transfer ownership of housing to a minor child?
It is possible to re-register an apartment for a child under the age of majority only by donation. Other methods are not suitable in this case.
The package of standard documents for such procedures will increase, it must additionally include:
- certificate of absence of debts for utilities;
- information about the composition of the family;
- a certificate from the housing office confirming the legality of any redevelopment in the apartment (in case they were carried out).
The donation agreement itself is drawn up and signed by a notary, and the presence of the minor child and the donor is mandatory. A child cannot independently sign an agreement on accepting a gift, therefore this part of the procedure must be performed by a person representing his interests (for example, grandfather, grandmother, uncle, aunt and others).
If the apartment is jointly owned by the spouses, one of whom acts as a donor, then a notary certified consent to make a gift from the second spouse is required.
Re-registration of an apartment for a spouse (husband, wife)
The choice of registration method of ownership of the apartment in this case depends on many factors.
Not only the purpose for which the apartment is being re-registered is important, but also the personal relationship between the spouses.
For example, in case of tension between spouses (especially after a divorce), most often re-registration of rights to real estate is carried out under a contract of sale or exchange. The most convenient (and the most financially beneficial for both spouses) is to donate an apartment or part of it.
After a short period of time, necessary for the official re-registration of property rights, the donee becomes the owner of the property. In addition, there is no income tax requirement.
Another way to change the ownership of an apartment is to conclude a property division agreement. This is allowed only if the apartment is considered jointly acquired during marriage. In this case, no documents other than a notarized partition agreement are required.
How to re-register housing for parents (mother, father)?
Since the parents are close relatives, it is most expedient to change the owner by way of donation. In this case, both parties will be exempt from paying income taxes.
Other methods in this case are used less frequently.
The set of documents required to donate an apartment to parents fully complies with the standard list required in such situations.
How to register an apartment for grandchildren (granddaughter, grandson)?
For registration of ownership of housing for grandchildren, in addition to donation, a will is often used. With all its positive aspects, this method also has the greatest vulnerability in terms of the possibility of challenging it. A will can be challenged by relatives who are not listed in it, but who have rights to part of the inheritance.
It is advisable to make a will for grandchildren with good relations within the family.
Making a will does not require a large number of mandatory documents, so it can be considered convenient and practical.
We re-register an apartment for a brother / sister
Siblings are close relatives, so here it is most convenient to use 
donation method. In addition to it, sale and purchase can be applied. When concluding a contract of sale between close relatives, a direct transfer of money is not at all necessary. On the other hand, people who buy an apartment for housing are entitled to tax breaks (do not forget that people who sell real estate must pay a 13% income tax).
When buying real estate, the only difference in the set of documents is the existence of a contract of sale.
There are several other ways in which you can re-register real estate to other people. This is rent and pledge. The rental agreement implies the re-registration of rights to housing, subject to the payment of a certain amount of money at regular intervals (usually monthly). This method is often used by elderly single people, re-registering their apartment and receiving care services or additional money in return.
A pledge agreement is used when obtaining loans from a bank, when real estate is used as collateral for a loan.
Instruction
Contact the Bureau of Technical Inventory (BTI) for a technical passport. In the building management, you will receive an extract from the house book, which should indicate the number of residents registered in your apartment.
If minors live in the apartment, you must obtain permission from the district department of guardianship.
If you are the sole owner of the home, the consent of other household members is not required. However, keep in mind that an apartment acquired during marriage is considered joint property, regardless of who it is registered to. So, for registration of such an apartment, the written consent of the spouse is required.
A donation agreement can be drawn up in a simple written form, but many prefer to do this with the participation of a notary. If you choose this option, you should come to the notary's office with your daughter, in whose favor the contract is being drawn up. Passports of both parties, a document certifying the ownership of the apartment, an extract from the house book, the consent of the donor's spouse, and an extract from the technical passport of the apartment will be required. The finished document is signed by both parties and certified by the notary's signature.
Now the transaction should be certified at the Registration Chamber. Before visiting there, make sure that the entire package of necessary documents is collected. Papers are handed over to the employee of the chamber against receipt. After registration of the gift agreement, you will receive back the originals of all submitted documents, including the gift agreement, as well as a certificate of state registration of ownership.
How to redecorate an apartment? This question sooner or later begins to worry every homeowner who wants to transfer his property to another person. To re-register the ownership of an apartment, you need to collect a huge amount of documents, pay all the necessary state fees and notary fees. In addition, in the process of re-registration, there may be any inaccuracies in the documents that can complicate and delay the entire process. Therefore, re-registration of an apartment is a rather troublesome and complicated process, which takes a lot of time and effort.
There are several ways to re-register an apartment in the ownership of another person. The most common of them are the sale, donation, exchange, rent, acceptance of an inheritance, as well as an agreement on the division of property between spouses.
Each of these forms of transactions has its advantages and disadvantages. By choosing the right method of transferring property, you can not only avoid any troubles during the transaction, but also significantly reduce taxes.
Purchase and sale and donation as ways to re-register an apartment
How to re-register an apartment by making a transaction of sale or donation?
To do this, you first need to collect the following package of documents: 
- passports of participants in the transaction;
- (contract of sale, donation agreement, certificate of ownership, etc.);
- notarial permission of all co-owners of housing;
- to complete a transaction of sale or donation, it is imperative to obtain the permission of all co-owners of housing. In addition, if an apartment is being alienated in which minors, incompetent or partially capable persons are entitled to shares, then it will also be necessary to obtain a decision from the guardianship and guardianship authorities.
You will also need to obtain a notarized permission to alienate the apartment from the second spouse if the housing was purchased in a registered marriage. 
- An extract from the personal account and the house book about living persons.
- Extract from the cadastral passport (if the apartment is sold for the first time after privatization). Necessary for any transaction with an apartment. You should contact the Bureau of Technical Inventory and call an employee to inspect the apartment. This is necessary in order to make sure that there are no uncoordinated redevelopments in the room. Cadastral documents are valid for only 5 years, after this period you will have to pay for the renewal of the cadastral passport.
- If it is necessary to transfer the apartment to a minor child, the consent of the guardian or one of the parents must be added to the above documents. and its acceptance as a gift in the future will be handled by the specified person.
- Contract of sale or donation.
- For a sale or donation transaction, a written contract must be drawn up and an application submitted to Rosreestr to register ownership of the buyer or the person being gifted.
After these actions, the buyer or the gifted person will become the full owner of the apartment. 
The advantage of re-registration of an apartment by making a purchase and sale transaction is that such transactions, with the correct execution of documents, are almost impossible to challenge. Complete alienation of housing is a disadvantage of such a transaction. And if the owner himself wants to return the apartment to himself, it will be impossible to do so.
The advantage of re-registration of an apartment by donation is that this housing will remain with the gifted person during a divorce. For example, a daughter, when divorcing her husband and dividing property, will keep the apartment donated to her by her parents, since the gift will not belong to the joint property acquired in marriage. Another advantage of donation is the ability to return the donated apartment back by going to court in the manner prescribed by law. The disadvantage of such a transaction is the need to pay a large amount of gift tax if the apartment is donated to a distant relative or stranger.
Re-registration of the apartment after death
How to re-register an apartment after death? All heirs under the law or specified in the will, if any, can obtain the right of ownership to the testator's apartment. The testator may, during his lifetime, dispose of his apartment and bequeath it to any person. But if during his lifetime he had dependent minors, incapacitated or partially capable persons, then these persons will certainly have the right to shares in the apartment, even if they are not mentioned in the will.
In order to re-register the testator's apartment, the heirs must accept the inheritance and obtain a certificate from a notary's office, which may be located at the location of the residence or at the last place of residence of the deceased person. 
In addition to the application and passport of the applicant, it is necessary to provide a certificate of ownership of the apartment passing by inheritance, a death certificate of the testator and documents confirming kinship with the testator. If the apartment passes by will, then documents of kinship are not needed. In addition, the notary will need to provide an extract from the cadastral passport and a copy of the cadastral plan. These documents can be obtained from the Bureau of Technical Inventory at the request of a notary, even if you are not the owner of the property.
The term for accepting an inheritance is 6 months from the date of the death of the testator, but if this period is missed for a good reason, it can also be restored in court.
The apartment left by the testator passes to the heirs according to the law in equal shares or according to the will. All disputes regarding the determination of shares are resolved only in court. The notary will issue a certificate of inheritance only when all the heirs come to a voluntary agreement on the division of shares.
After receiving a certificate of inheritance, you must contact the territorial authority of Rosreestr to receive.
Other ways to re-register an apartment
Very common ways of re-registration of an apartment are a notarized pledge agreement, and a rental agreement.
The pledge agreement is popular due to the underdevelopment of the state lending system. Currently, a loan can only be obtained by a person with a large proven income or someone who has mortgaged their own property.
Spouses prefer to conclude an agreement on the division of property, since in this transaction the rights to the property of one spouse arise from the moment the rights to the property of the other spouse arise, that is, there are more guarantees.
According to the concluded rental agreement, funds for property are usually not paid, there is a gratuitous transfer of property, and rental payments are paid in equal installments, and this is beneficial to both parties to the agreement. An annuity agreement has been very popular lately, but it must clearly spell out all the obligations and rights of the parties, the terms of the transaction in order to avoid various misunderstandings. Such contracts are usually concluded by lonely elderly people.
Some features of the re-registration of the apartment
What is the best way to redecorate an apartment? What method to use to quickly rewrite an apartment for a husband, daughter or another person? How to reduce the cost of re-registration? There is no definite answer to this question. It all depends on the individual characteristics of the transaction and the parties.
A lawyer can help you deal with each case. Usually, when making a deal, people turn to realtors for advice, but the cost of their services is quite high, and the quality of work is not always at the highest level, and they do not bear any responsibility for their work. Of course, there are competent and experienced realtors, lawyers by education, who will help you decide on the choice of re-registration of property and take into account various nuances. Therefore, you need to be careful about choosing a realtor, maybe you have the opportunity to apply on the recommendation of people you know who have already used the services of a certain realtor.
will cost much less if first. He will explain how to re-register an apartment and independently collect the necessary documents, what rights and obligations each participant in the transaction has. A lawyer can then help draft the necessary contract. Such one-time legal advice can cost much less than the entire work of a realtor.
If a notarized transaction is required, a notary can also provide legal advice. He will also prepare a draft deal and check the correctness of all necessary documents. In addition, the notary bears full property responsibility for the transaction certified by him.
Svetlana Lenina(09/04/2012 at 19:22:40)
I agree with Vladimir Olegovich! Your best bet is to sign a donation agreement. A residential donation agreement is drawn up with the participation of two parties and goes through the state registration procedure. can be done in simple writing. Also, the contract can be certified by a notary: the specialist will tell you, or the house in the best way, and how to protect yourself from a number of dangers (for example, if other applicants are found). With the help of a notary, it is also convenient that in case of loss or loss of a document, you can get a copy. After issuing a donation for a house, it is necessary to register it with the Office of the Federal Registration Service for Moscow (UFRS). To do this, a completed deed of gift and all necessary documents are submitted to the Federal Registration Service. to residential property passes to the Done from the moment of state registration of the gift. Registration of a donation for an apartment or house is carried out by the Federal Registration Service (Rosregistration). To issue a donation for an apartment or other real estate, the Donor must provide the following documents: 1. State certificate for the donated house. This stage will require the following documents: receipt of payment of the state fee for registration of ownership of the house; the donor's statement about the registration of the transfer of ownership of the house; application of the donee for registration of property rights. 2. Documents proving the identity of both parties 3. A donation agreement for a dwelling if the donation for a house was drawn up in a simple written form, then the originals will be required in quantity, as well as the original, which will be one of the title documents in the case; if a donation for a house was drawn up with the participation of a notary, originals by the number of parties to the contract and one copy will be required. 4. Cadastral passport of the house for which the deed of gift is issued (an extract from the state real estate cadastre, issued by the BTI). 5. The consent of the spouse (or relative) of the Donor, certified by a notary, if the gift house being transferred is the joint property of the spouses (or relatives) - in your case, it is not required. the person responsible for the registration of citizens at the place of residence. if the right is registered in the USRR (Unified State Register of Rights to Real Estate and Transactions with It) - only the original; if the right is not registered in the USRR - the original and a copy. 7. Certificate from the BTI indicating the inventory assessment of the dwelling transferred as a gift. 8. Certificate of the composition of registered persons in the alienated donation living quarters at the time of the donation. 9. Consent (permission) of the trustee or guardian in the event that one of the parties: is incapacitated; under the age of majority (18 years). (you do not need) 10. An agreement on the fiduciary execution of a donation for a house, in the event that an authorized person by proxy is involved in the execution of the donation agreement. Good luck to you, please write a review about the answer. I can assist in drawing up a donation agreement, write to [email protected]
