How to re-register an apartment for a relative: conditions and options

The question of re-registration of an apartment sooner or later concerns almost every citizen. Housing can be inherited or donated by relatives. In any situation, the apartment requires re-registration.

According to the law, the re-registration process takes a lot of time, especially if there are errors or inaccuracies in the documents that were not noticed earlier. Legal practice has in its list several ways to re-register an apartment. A person should weigh the pros and cons, become imbued with the topic, so that the procedure goes as quickly and inexpensively as possible.

Re-registration of an apartment for children (daughter/son)

Parents live and try for their children. Every parent wants to leave a legacy to their child. How to survive the re-registration procedure? A package of documents? Deadlines?

Several years ago, the Russian government made changes to the procedure for transferring property to children. The changes somewhat simplified the procedure by abolishing the gift tax, which had a decent amount, thereby complicating the process.

Today, the procedure for transferring property to children is not free, but it is much cheaper than before.

It’s worth starting with the documents that will be required:

child's birth certificate;
apartment documents confirming ownership;
confirmation of the completion of the purchase and sale agreement;
certificate from the BTI of the total cost of housing;
from BTI about the technical equipment and detailed components of the apartment;
from the tax authorities (only if manipulations with the apartment were previously carried out);
about family composition and status (issued by the local police department);
about the absence of utility debts (issued by the housing department).

After collecting documents, you need to visit a notary with your child.

Important! Warn the child in advance so that he is aware of what is happening.

Is it possible to avoid paying the fee?

There are two ways to do this:

Issue a deed of gift twice to make a gift through a close relative. For example, an uncle wants to give a house to his nephew. To avoid paying a fee, you can first donate housing to your brother. The nephew will receive the house through a deed of gift from his father. Then you won't have to pay tax. But paying the state fee for registering ownership rights will not be avoided.
Sign a fictitious purchase and sale agreement. You will not have to pay the fee if the citizen has owned the property for more than three years. And under this condition, you can issue a deduction.

In this case, the costs will be even less than with a gift. There are no clear instructions on how to avoid paying the fee. Therefore, people use available methods of tax evasion.

How to transfer ownership of housing to a minor child?

There is a practice of transferring ownership of housing to children who have not reached the age of majority; such a procedure is somewhat complicated and will require additional features.

The procedure is based on a gift agreement, one of the copies is transferred to the State Registration Service. The optimal solution is to seek the help of a lawyer, he will prepare an agreement taking into account all the details.

For the procedure you will need:

donor's passport;
child's birth certificate;
cadastral passport of the apartment (issued by BTI);
apartment assessment from BTI;
certificate confirming ownership;
extract from the house register and personal account;
certificate of family composition;
consent of one of the spouses (when both have property rights);
relatives who have the right to property;
from parents/guardian to receive housing as a gift;
permission from the guardianship and trusteeship authorities to represent the interests of the child by a parent who does not have personal housing;
a receipt confirming payment of the state fee for registration;
application from the donor to register the transfer of ownership of the property;
on registration of property rights from a child who received real estate as a gift;
real estate donation agreement.

To submit documents to the State Registration Service, the presence of the donor, the child and his legal representative is required.

Required documents

For any re-registration option, you will need to prepare all the necessary papers. This is necessary both for registration of the transaction and for the impossibility of appealing the contract in the future. The standard documentation package includes:

a number of legal acts for the property;
passports of procedure participants;
an extract in the form of a certificate about the residents who are registered in the specified living space;
technical and cadastral documentation;
consent of the co-owners in writing, if necessary;
paid receipt with state duty.

The package is accompanied by the contract itself, as well as additional papers if necessary.

Attention! All deeds that must be notarized must be in the prescribed form. In the absence of certification, the transaction will be void.

Only after collecting a full package of papers does re-registration of rights take place, which ends with the issuance of a certificate from the Unified State Register of Real Estate.

Recommendations for preparing documents

Different papers have different expiration dates. This point will need to be taken into account when collecting documents. For example, a certificate of debts and their absence in housing and communal services is issued for 10 days. When completing the documentation, you will need to immediately obtain all the necessary documents that have a long validity period, and then, at the time of the transfer of rights process, collect the rest.

Preparation of cadastral extracts

The entire set of cadastral extracts is prepared in the BTI. Average terms vary between 1-4 weeks. It is also necessary to obtain cadastral and technical type passports in advance.

Notarial documents

Notarial documentation may be required to transfer property or shares. It includes:

consent of a third party, such as a spouse or other owner. In some cases, it is necessary to obtain written certified consent from the legal representative of the minor;
powers of attorney if the transaction is made by a third party;
certificate of inheritance;
various papers of a title nature.

Re-registration of housing in the name of a spouse (husband, wife)

Important! Registration of housing in the name of one of the spouses is a very common procedure in notarial practice. You should be aware of the fact that if real estate was acquired during an official marriage, it is already common, without taking into account the fact of initial registration.

The transfer of living space between spouses can occur using the following methods:

Drawing up a real estate donation agreement.
Drawing up a will, according to which one of the spouses will inherit the home first, along with the children.
Drawing up a marriage contract, which clarifies wishes for the gift of property, or prescribes the conditions on the basis of which one of the spouses will become the owner of the property.

Important! If the intending party decided to draw up a donation agreement for part of his property and was already married, he must indicate the specific parameters and details of the bequeathed part of the housing. The position requires registration with the FUGRTs. Subsequently, the agreement is not subject to challenge not only by the former other half, but also by the children. Neglecting this information may ruin all your efforts.

Any of the methods of registering property in the name of a spouse will require a package of documents:

Documents confirming the identities of the spouses.
Apartment cadastral passport; if you don’t have one, you will need an apartment plan (ordered from the BTI).

Possible risks

All possible risks are associated with contestation. This process is possible if the rules are not followed. Among them:

the owner of the property must be fully capable and adequate at the time of transfer of the apartment to another person;
re-registration is carried out fully;
All documents must not contain various errors or typos.

Documentation certified by a notary is recognized as valid, which does not allow a third party to appeal the transaction. It is also necessary to take into account that if there is a deed of gift, there should not be a goal to deprive possible heirs of the obligatory share.

If a will is drawn up, it can be appealed due to facts of pressure or exchange of the testator by another person.

During the re-registration process, all options must be taken into account and the mandatory conditions must be met.

Important! According to the law, it is impossible to appeal or cancel a transaction that was carried out according to all the rules, even if the person is the former owner.

How to re-register an apartment in the name of parents (mother/father)?

To avoid troubles associated with the fear of property passing into unwanted hands, people are increasingly seeking to secure what they have acquired with their closest relatives (parents).

The most convenient way to transfer property to one of the parents is to draw up a deed of gift certified by a notary.

To complete this task you will need:

Statements from the parent in whose name the housing is being re-registered, stating that the ownership of a specific property has been registered.
Passports (a certain number of copies and a passport).
Technical and cadastral passport for real estate or apartment plan with details.
Certificate from the Housing and Maintenance Department (HOE) confirming the absence of debts for utility services.
From the housing department about the number of registered people in the apartment being re-registered and documents confirming their identity.

Upon state registration, the parent receives a certificate of ownership.

The donor does not pay tax or state duty on the apartment in connection with the transaction between first-degree relatives.

If the donor and the parent in whose name the property is registered have different surnames, confirmation of the degree of relationship will be required to implement the procedure.

From the moment of the donation, the mother/father acquires lifelong registration in the apartment.

Important! People often “get rid” of real estate in order to get on the waiting list for municipal housing. This trick won't work here! Data on the availability of property is stored in the database for about ten years. You can apply for the queue after five years.

Basic moments

At first it may seem that transferring the apartment by deed of gift is the most suitable option.
But not everything is so simple. You may also have to pay tax on the deed of gift. Only close relatives are exempt from obligations. The rest of the citizens will have to share money with the state. Therefore, in 2021, the solution to the issue depends on the costs associated with completing the transaction.

How to register an apartment for grandchildren?

For the procedure, you can use the following re-registration methods:

Will for a grandson.
Deed of gift.

Will

The registration procedure takes place in the presence of a notary and requires payment of a state tax in the amount of 0.6 percent of the value, after entering into an inheritance, according to Art. 333.24 of the Internal Revenue Code.

Donation agreement

It is not at all necessary to go to a notary to draw up a gift agreement; an example can be found on the Internet or in a book about agreements. When drawing up a document, it is important to indicate that the property is being given as a gift. It is impossible to demand from a grandson/granddaughter actions of courtship until death; all that remains is to rely on conscience. It will not be possible to refuse the decision to donate after the transaction, even if the grandson/granddaughter refuses verbal promises.

If the donor is officially married, the notarized consent of the second spouse will be required, since the rights to jointly acquired housing are equal. The gift agreement is contested only in the most extreme cases (Article 578 of the Civil Code), if the gifted person has attempted the life of a family member or caused bodily harm.

The contract can stipulate the cancellation of the donation in the event of the early death of a relative, before the donor. The law allows such actions in connection with possible dangers in service or at work (clause 4 of article 578 of the Civil Code).

Registration of the agreement in the state register is mandatory.

If the grandson/granddaughter has not reached the age of majority, the agreement is signed by the parents instead.

Rarely but aptly used is a good method in the practice of giving. The contract promises a gift in connection with the occurrence of a certain event in the life of a grandson (graduation from school, university, birth of a child, etc.). Registration of the contract occurs only after the occurrence of a specific event. It is also indicated that the apartment will be donated according to the deed. And only from the moment the deed is signed, the full transfer of the apartment will take place.

What are the most profitable and convenient ways to re-register?

When choosing a method of profitable and convenient re-registration, pay attention to the consequences of your actions, as well as whether you want your relative to pay taxes, and whether you want to pay them yourself. In addition, consider the risks not only for yourself, but also for the relative to whom the rights are transferred. If you are afraid that he may be deceived and his home taken away, choose a deed of gift. When you are afraid that you will be deceived, make a sale.

The most profitable option, if you do not plan to make a profit with a relative, is still a gift agreement; otherwise, an equally convenient and profitable option is purchase and sale. With rent, exchange and inheritance, there are much more complexities and time and effort are also much higher.

Transfer the apartment to a brother or sister

According to the law, blood brothers and sisters are considered close relatives, therefore, to transfer real estate from one to another, it is more convenient to use a gift agreement, but you can also register a purchase and sale (the procedure for transferring money before a notary is not necessary between first-degree relatives).

A deed of gift between relatives does not provide for the payment of taxes. When buying and selling, the selling person will have to pay a tax - 13% of the value of the real estate.

Features of the procedure

The procedure for re-registration of property always involves a number of sequential actions. It is impossible to agree verbally on full ownership, even when it comes to family relationships. Housing can be transferred in various ways, and they are chosen by the subjects of the relationship. As for relatives, the procedure will not be any different, except for some aspects related to paying tax when making a transaction and obtaining additional permits for it.

First of all, it should be said about what transactions will be considered concluded between relatives:

re-registration of housing in the name of a son or daughter, in this case it is possible to avoid paying tax or significantly reduce its amount;
re-registration in the name of a husband or wife, which provides for the need to establish how the apartment was acquired, and if it was purchased during marriage, then it belongs to both spouses equally;
re-registration in the name of a sister or brother, in this case there are no special features in making transactions;
re-registration of the apartment in the name of the parents, which can also be carried out according to the general rules of real estate transactions;
re-registration for grandchildren, there will be no difference here from other options for transferring an apartment to relatives.

This list reflects persons who are recognized as close relatives. Separately, it should be said that only siblings are taken into account here; other relationships are not considered close.

If the recipient of the apartment is a close relative of the owner of the property, then thirteen percent of the tax will not be paid, but only if a gift agreement is concluded.

The reasons why housing is transferred from one relative to another are different. At the same time, one should not confuse bilateral transactions of civil law with inheritance, which is formalized regardless of the will of the person to whom the housing is transferred. This is the main difference from the standard procedure for transferring an apartment, even if it is carried out in relation to a relative, from a will or inheritance by law. It should be understood that the presence of family relations does not make agreements unconditional.

They can also be terminated in case of violations, changed or declared invalid if there are grounds for this.

How to arrange an apartment profitably?

The benefit when registering an apartment includes a minimum payment for a certificate of ownership.

If an apartment is bought by spouses who are officially married, then it does not matter in whose name the certificate of ownership is issued; anyway, each spouse has the right to half of the property acquired during the marriage.

A gift agreement is beneficial if the transaction occurs between close relatives, then the clause on payment of tax is omitted. When concluding a deed of gift between distant relatives or strangers, it is more profitable to formalize the sale and purchase, because the gift in this case involves a decent tax.

Regardless of the chosen method of completing the transaction, it is more profitable to conclude an agreement in writing and then deliver it to the state registration service. If you make a transaction through a notary, he will have to pay 1% of the value of the property.

It is also better to collect documents yourself, without resorting to the services of real estate agencies, this will greatly save your budget. The amount of agency services varies between 30 and 50% of the cost of the apartment.

Re-registration methods

We recommend that you read:

Is it possible to sign a person out of an apartment without his consent?

When transferring an apartment to relatives, you need to understand that not every transaction provided for by civil law can help with this. In addition, when a person sets the goal of avoiding unnecessary expenses, namely paying taxes, then preference should be given to a specific version of the agreement. That is why it is possible to identify several options that will allow relatives to re-arrange their housing as profitably as possible.

The legislator offers five ways to complete a transaction to transfer an apartment to one of the relatives:

Will. The standard option for transferring your property to someone. However, it cannot be implemented at any time, but only after the death of the testator, which forces the implementation of the transaction into certain frameworks, imposing restrictions.
Deed of gift. The most suitable option for transferring housing to a relative. It is the gift agreement that allows you to avoid paying taxes when receiving an apartment. In addition, the procedure itself is simple and does not require a lot of expenses and actions. In order for the transaction to be as safe as possible, despite the fact that a relative is involved in it, such an agreement should be certified by a notary.
Sale of property. The point of this action is for the recipient of the apartment to transfer a certain amount for it. Its implementation will be impossible if a person under the age of eighteen or incompetent is registered in the apartment, as well as in the absence of the consent of persons who oppose such an act and have the right to do so. Otherwise there are no obstacles. Payment for housing will be made according to the act of sale in installments or even under a loan agreement.
Rent. Less relevant way. The point is that the recipient of the housing pays rent payments for a long time. However, more often this option is applied not to apartments, but to private houses.
Agreement between spouses. This option exists when a husband or wife wants to transfer their part of the apartment, for example, to children from another marriage. In this case, the consent of both is required, since according to the law, all property acquired during marriage will be recognized as community property.

There are no other options that would make the procedure a little easier. Purchase and sale or exchange agreements will not change the order of their conclusion in any way, even if the parties to the transaction are relatives.

A donation agreement as a method of re-registration of housing is always a gratuitous transaction option, but with the participation of two parties, which distinguishes it from other proposed methods.

Of all the proposed options, the deed of gift is the most successful. Firstly, tax. The law directly provides that if one relative gives housing to another, then the thirteen percent tax will not be paid, but provided that the relatives are close. Secondly, the procedure itself, which is significantly simplified and requires only competent drafting of the text of the contract. And thirdly, the option under consideration applies to all types of family relationships, unlike, for example, an agreement between spouses or a will.

In what cases do you need to pay taxes?

Spouses, parents, children (including adopted children), grandparents and brothers, sisters are exempt from taxation if they have at least one common parent with the current owner.
For distant relatives, a tax of 13% is provided, calculated from the cadastral value of the apartment. If we are talking about selling, you, as a person who has made a profit, pay this 13% yourself, but only if you have owned the apartment for less than three or five years (depending on when it became yours). In some cases, for example, when donating an apartment or drawing up a will, the agreement is subject to mandatory notarization. In other cases, you can do without this, but at your own peril and risk. When the living space is in shared ownership, you can draw up an agreement, which is also registered by a notary. The transfer of ownership rights itself is always registered in Rosreestr after submitting the appropriate application with the attached documents on the basis of which the rights are transferred.

Who is better to contact: a lawyer or a notary?

It is also worth noting that when concluding a transaction to re-register an apartment in the name of any relative, it is in your interests to comply with all the points that reduce the risk of ending up in the courtroom.
Do not neglect the services of legal professionals, citing the successful practice of friends or any rumors. By wanting to save money, you can create a lot of serious problems for yourself. However, you should not blindly trust a lawyer or notary; control the situation, check every paper, carefully read the documents and check all the details. To avoid having to spend money twice, it is better to immediately entrust the process to one specialist – a notary. He has a legal education and can accompany any real estate transaction, from consulting to registering property rights for the new owner.