How to give a stake in the apartment

The legislation of the Russian Federation provides the possibility of real estate owners to dispose of their property at its own discretion. It also applies to those cases where the owner is a co-owner of a residential facility. Accordingly, you can sell, call, surrender, exchange and, of course, give a stake in the apartment.

Unlike the situation with the sale, when the remaining co-owners do not have any preferential law. You can give as a dedicated share in kind and just your part in the apartment.

To begin with, it is necessary to draw up a gift agreement, which should contain information on persons prescribed in the apartment and are equity owners. Here are the passport details of the parties to the transaction, the subject of the contract, the Special Conditions (who pays the costs of concluding the contract, a statement about their legal capacity, the point that the donation occurs at its own request of the donor and is not a banging transaction for him, etc. .), Ways to resolve disputes. To compile a contract, it is advisable to contact a real estate specialist who can simultaneously advise on all stages of the transaction.

To register a donation agreement, the following documents will be required:

application for the gift of the share in the apartment (obtaining a form of a state sample can be in the federal registration service);
dear agreement;
passports of both sides of the transaction (originals and copies);
receipt of the payment of state duty;
extract from the house book (original and copy);
cadastral passport with explication (original and copy, which are certified from the organ issued);
a guide document on the property transmitted as a gift;
the consent of the spouse for donation.

With the gift of the part of the apartment, the nearest relative on ascending or downlink, as well as a spouse, the tax on donation does not have to pay. In other cases, the recipient will need to pay a tax in the amount of 13% of the value of the property.

The contract is considered concluded after registration in Office of the Federal Registration Service relevant region. After registration, the gifted gets the keys to the housing and is considered a full co-owner.

In cases where the donor or gifted can not be present on the transaction, you must assure a power of attorney for another person. In such a power of power, the object of donation and the data of the donor and the gifted data must be specified.