How to give an apartment to my wife

Gifts are different: voluminous and not very, disposable and necessary in everyday life. It all depends on the financial position of the donor. If finances have, one of the most profitable gifts can be a presented real estate, such as an apartment. But the documentary registration of the act of donation of the village of the spouse (spouse) causes difficulty from any person who is not related to legislation.

For decoration of the apartment of the apartment, the real estate must be officially registered in the sole use of the doning, that is, her husband. Having the necessary documents on the hands (sales contract, certificate of ownership), you can make any deals with your own real estate: to sell, exchange, make a testament or to give.

The act of donation is equal to the transaction and is documented by the Treaty. The recipient of an expensive gift (wife) should be informed about the upcoming deal and give his written consent, since the legal relationship is governed by law and requires compliance with a mandatory range of conditions:

The act of donation implies that the owner (spouse) donates or undertakes to convey to another person (spouse) a residential premises (apartment).
When the transfer of housing is accompanied by an oncoming transmission of even a minor summary of the transmission, or there are no transmission conditions, such a transaction is a feigned (paragraph 2 of Art. 170 of the Civil Code of the Russian Federation).
The subject of donation (apartment) should not be pledged, arrested or in equity ownership involving minors.

The cost of the apartment, the rights and obligations of the parties should be spelled out in the duration agreement, the procedure for resolving the controversial and other points. From the moment of registration of the Darment Agreement, all rights to the apartment passes to the spouse.

Registration of the contract of donation of residential property must be officially certified in the Registration Chamber in the Unified State Register of Rights to Real Estate and Transactions with Him. Also in any bank should be paid for the one-time state duty in the amount of 1000 rubles. The term of consideration of documents for the registration of the transaction by a special commission before issuing a certificate of ownership of another person (wife) - 1 month.

With the gift of the apartment, that is, if it is gratuitous transmission, NDFL (tax on the income of an individual) and the husband who gave an apartment, and the wife, who adopted an apartment as a gift, do not pay.

Before making a decision on the gift of residential premises, it is necessary to know the number of people prescribed in it, the circle of heirs to real estate. To settle all controversial issues. After all, in court in the presence of evidence of the introduction of significant changes due to the heirs who filed a lawsuit, or their forces, part of the apartment will be returned to their property.

Another option for the gift of the apartment, the wife may be the conclusion of a marriage contract and prescribing all issues in it relating to the real estate of spouses. So after the divorce, if this is stipulated in the contract, the apartment can go to the personal ownership of the wife, and the husband will lose all ownership of residential premises.