people of advanced years often worried about the issue of their children and grandchildren their own property.Inherited the house or apartment from parents in several ways: by will, by law, or to get even when their lives as a gift.The latter option is often used by older people for their own reassurance.It is for this reason that they seek legal advice from the question of how to give the apartment a child or grandchild to the rest of the family did not claim it.
In what cases can deal
Under current law, every citizen has the right to transfer the ownership of its assets to another, including free.That is, it turns out that you can give the privatized apartment, which is not the communal property.By the way, left a legacy too, only that property which has been decorated with all the documents still alive.It turns out that the first and foremost condition for the conclusion of such a transaction - the possession of the subject of donation legally.
second, no less important point - the absence of encumbrances.This means that it is impossible to give an apartment, a car or other thing, if it is pledged to the bank or to the dispute."Purity" of the property at the time of the transaction the notary checks.
third condition giving - free of charge.That is, the contract can not be given no payment for obtaining property or additional conditions for entry into the right property.In the presence of the last transaction can be issued a contract of life maintenance or to make a will.Giving the same can not be performed instead of a service.
And last but not least - legal capacity of the parties.When making any transaction on the alienation of real estate (including donations) the notary must make sure that both the giver and bestows are responsible for their actions.In case of doubt about the deal just does not happen.
Who can give real estate
When it comes to such a serious property as an apartment, a house or other building, alienation occurs mainly with notarization.The participants of such a transaction can be relatives, and absolutely strangers to each other people.After all, no one stops to make expensive gifts, even to strangers.The only question is that in the latter case, it may be presented to a flat tax, and not a little.
At the conclusion of transactions between relatives and sometimes there are tax liabilities.So before you give an apartment son, daughter, grandchild, you should consult with a lawyer about all the costs associated with registration of such a transaction.Perhaps more beneficial would be a method of disposal (sale, exchange, and so on. D.).
Making transactions without notarization
accordance with the existing legislation, the donation contract real estate may be in writing.This means that you can do without a notary.Such a deal would be legitimate.As for the state registration of both the contract and the right of ownership of the new owner, it has not been canceled.It is carried out regardless of the form of the contract.Just when the notary is responsible for the transaction, it will help with registration.When the donation is carried out without his participation (usually so in order to save money), and the treaty itself, and ownership are entered into the database the appropriate state agency after payment of the state duty.That is, in simple terms, to give as gifts was the rightful owner of the apartment, he will have to run around to different services.
Alienation of jointly owned property
Sometimes that's going to give or sell a person belongs to him completely.This is not about share ownership, as in this case, each manages his part and on the joint, for example, acquired in marriage.Even in the case of donation of this apartment without the involvement of a notary transaction necessarily need the consent of the spouse to its conclusion.The exception is a sole proprietorship.This can be either in the current marriage contract, according to which each of the spouses has his property, which he has the right to dispose of without the knowledge of the other.The second option - it free property.That is, if a person wants to give to someone donated an apartment, the consent of the husband or wife in this case is not necessary.
It should be noted that in some cases a spouse can still lay claim to part of the property received free of charge.For example, if the living space has been renovated through joint funds completed home or remodeling occurred as a result of which the object has risen in price.In such a case, to defend their right to have an apartment donated by the courts.Regardless of the form and method of disposal of the property statement of the spouse to consent to a transaction shall be notarized.
As donated apartment is divided in a divorce
So property, including real estate, received gratuitously, it is in private ownership.However, if its value has been increased by jointly earned money, in the case of dissolution, the spouse is entitled to a share.This should be remembered parents and think before you give an apartment daughter or son to the wedding.Naturally, in such a joyful moment, no one thinks about the possible disintegration of the newly created family.But who, if not the parents worry about the fate of her child?If the deal is made and no way back, you can once again give the apartment donated by other relatives and not to worry about a possible topic at parting.Better play it safe and take extra steps than trying to win back his own property in the future.
What better gift or a will?
This question is often considered rhetorical.The fact that an unequivocal answer to it simply does not exist.This means that in each case the correct solution can be its.To accept it, you should understand the features of the two transactions, the nuances of their commission and the possible consequences.
The first thing you should look for when choosing - it costs.If the property is transferred to free the property to a stranger, he has to pay tax on the donated an apartment, which is 13% of its appraised value.The only exceptions are close relatives (children, parents, siblings, guardians and spouses).So if Grandma wants to transfer their homes, for example, his grandson, would be cheaper to give his first son or daughter so they could later give the apartment has donated her child.With the payment of taxes on the inheritance of immovable property, everything is much more difficult, so that a final decision will not prevent a competent advice of a lawyer.
time of entry into the property
Another significant difference between getting a gift and acceptance of a legacy - in time.In drawing up wills the ownership does not change immediately.In order to become the owner of this apartment, it is necessary after the death of the testator to wait 6 months and only then the paperwork.In addition, the direct relatives are entitled to their share even if there is a will.Composed of all the rules of the document does not prevent the owner of the real estate while still alive to sell or donate an apartment to a third party.
Regarding the donation contract, it gives ownership of the specified object in it at the time of registration.That is right.This provides security to bestow more than a will.But if we consider the opposite point of view, we get a different picture.Presented apartment grandson, daughter or other relative, a person loses all rights to it.In some cases, this broad gesture, he risks being on the street.
Treaty life maintenance
It can be called a compromise between the donation and testament.On the one hand, the right of ownership over it occurs immediately.So neither the relatives nor any third party can no longer lay claim to the property.On the other, the former owner of the apartment reserves the right to use.On top of the ban imposed on property alienation (as in obtaining mortgages in the bank).This means that the new owner will not be able to give donated an apartment, sell it or mortgage until the death of the former owner.
ban will be lifted by a notary in accordance with applicable law.To do this, the new owner will need to apply to the contract and death certificate.This scheme is beneficial to both parties.The degree of kinship there does not matter.
In addition, the contract of life maintenance shall include all terms of the transaction.With their non-compliance, it is considered to be canceled.Identify possible everything from the use of the object and ending with the care of the elderly person (treatment, rehabilitation, recreation, public services and so on. D.).Therefore, before you give the apartment a relative, experts strongly recommend to consider this option.
cancellation transaction
Before you commit any act, one must understand its implications, as well as the possibility of cancellation.Everyone has the right to change your mind, circumstances can change, and so on. D.
turns out, any transaction invalidated, but only subject to certain procedures and all conditions are met.The easiest things to the will.His people can change arbitrarily unlimited number of times.Of course, it costs money, but the legal problems do not arise.
If the apartment donated, then cancel such an action is possible, but not easy.Under current law, the gratuitous transfer of ownership, a modern document, canceled only in the case of threat to the life or health of a party.As a rule, it is the giver and his entourage.But to recognize the transaction invalid, the threat will need more to prove.
Treaty lifelong maintenance can be revoked in case of violation of the items or the courts.And in the first and second cases, will need to prove certain facts.
Donation mortgaged apartment
In connection with the spread of such a phenomenon as mortgage loans, some people have issues related to the disposition of the encumbered assets.It is theoretically possible, but with the consent of the mortgagee.The bank, in turn, is unlikely to agree to the deal because it is not profitable for him.So before you give mortgaged apartment will have to pay for it completely and remove all encumbrances.
Alienation share
If a donation of an entire apartment is more or less clear, what if the owners of a few, and one of them wants to transfer his share to a third party?In the case of the sale of such property is the priority right to buy are the co-owners.If we are talking about gratuitous alienation, it is all equal.That is, before the sale of the stake owner is obliged to offer its co-owners, and when the donation may order in its sole discretion.
Can you give donated apartment?
right of ownership at the conclusion of this transaction occurs at the time of registration.After that the new owner has the full right to dispose of the property at its sole discretion, including to sell, pledge, bequeath or donate.Thus at the time of the new deal have to be paid all taxes and duties on the previous one.
Limitation
any transaction, starting with the sale and ending life content, can be canceled by the court.Reasons to appeal to the servants of Themis to seek justice after giving the apartment can be mass.But no more than the purchase, exchange or other disposition.So panic about a possible cancellation of the deal only because of the fact that it was a gift, not worth it.But remember that the statute of limitations for such cases is 3 years, too.
The deal giving property is appropriate only in cases when it comes to real estate donation of close relatives.Trying to replace it banal the sale to reduce spending is ineffective because it can only lead to their increase in connection with the emergence of the need to pay income tax.
