Is it possible to transfer a donated apartment to someone else?

Legal basis for the transfer of real estate

As you already know from our article on registering a deed of gift, the main document of this transaction is the deed of gift, registered in the branch of Rosreestr at the place of residence of the party receiving the apartment.
It is this document that gives the new owner of the property the right of ownership, after which he has the right, as an owner, to dispose of the housing as he wants (donate, exchange or sell, it makes no difference).

In turn, the new owner will also now have the right to dispose of the housing at his own discretion, including transferring it again to any other person.

As you can see, the transfer process can be carried out as many times as the owners of the property wish. At the same time, every new time you will need to draw up a new transaction and register a new deed of gift.

Having completed a gift transaction, having gone through the process of formalizing and registering a gift document, the donor will lose all rights to the property that previously belonged to him, and they will pass to the donee. These actions take place free of charge.

After completing the legal procedures, the donee has the right to possess, dispose of and use the donated property at will. This means that after a citizen has acquired the right of owner, he is endowed with all the powers associated with ownership - legal disposition over the gift.

Is it possible to transfer an apartment received by gift to someone? A person has the right to sell, bequeath (transfer to heirs), lease, mortgage, donate or refuse inheritance at his own discretion.

So, to the question - is it possible to re-donate a donated apartment and whether it is possible to re-donate a deed of gift for a private house - there is a clear answer: it is possible to re-donate an apartment. In this case, you cannot rely on the existing gift document.

You will need to go through the registration stages again to conclude a gift agreement. After the new deed of gift comes into force (this moment occurs after registration), the new one (the donee) becomes the legal owner.

Regarding the question, is it possible to transfer an object (apartment) back to a person (donor)? From the date of registration in the Rosreestr service, he can own the property and carry out all transactions with it at his own discretion; he has the right to transfer the object to other persons, as well as back to the donor.

Therefore, if necessary, it is possible to transfer an apartment or another piece of real estate many times. Each new action must be accompanied by the execution of a new gift agreement.

Notarization of the document is required, and registration of the transfer of property rights in Rosreestr is also necessary. It is important that there is no such definition as “transfer” in the law. Registration is regulated by the Civil Code of the Russian Federation. 32.

There are no time limits in the process of transferring objects. The procedure for donating real estate can begin immediately after completing the donation process (taking an extract from the Unified State Register). This document indicates ownership.

But, there are some exceptions. The deed of gift specifies certain conditions necessary for the donee to enter into the right of use.

For example, if the deed of gift includes clauses according to which the donee has the opportunity to register the property only after the death of the donor. Until this time, disposal of property is not the right of the recipient. He cannot transfer or dispose of it until the fact described in the deed of gift occurs.

The main stages of donating property: Draw up a donation agreement in simple written or notarial form. Collect the necessary legal documents. Pay a fee for the activities of civil servants. In certain cases – property acquisition tax.

Visit the regional registration state body and fill out a sample application with a request to formalize the transfer of property rights.

The property tax for individuals applies to owners of the following property (Clause 1 of Article 401 of the Tax Code of the Russian Federation)

Is it possible to transfer a donated share in an apartment?

Is it possible to transfer a donated share in an apartment? A real estate gift agreement refers to the transfer of property as a gift on a gratuitous basis. It is customary to draw up a gift agreement according to certain rules, taking into account the norms of existing Russian legislation. If the form or rules for drawing up the contract are not followed, it may be challenged by interested third parties or have other negative consequences.

In addition, the gift agreement is usually drawn up in simple written form. It is also possible to have this agreement certified by a notary. The law does not indicate that any gift agreement must be certified by a notary. Such a decision is made by the party independently. Basically, a gift agreement is certified in cases where it can be challenged by third parties. At the same time, not everyone has the opportunity to fill out a gift agreement on their own. It must contain objective information about its parties (donor, donee, real estate itself).

As a result of concluding a donation agreement, the newly-made owner can donate it again. This circumstance is due to the fact that the new owner of real estate becomes its full owner under the terms of the concluded gift agreement. Even if the terms of the gift agreement stipulate that the donee must live in the donor’s apartment for life, this cannot be a basis for limiting his right to alienate such property.

True, you can transfer real estate only if you officially become the owner of the property, namely, after receiving ownership of the apartment. In such a situation, you will have to draw up and sign a new gift deed for another person. It is not possible to give away property that is given to you as a gift until you become its full owner by law and may be challenged by law.

In other words, if you received real estate as a gift, but want to re-donate it, then it is important to re-register the property as your own, and then draw up a new gift agreement in favor of a third party. In this situation, the former donee will act as the donor, and a new person will act as the donee.

If you want to read whether you can give an apartment to your ex-spouse, follow the link.

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Procedure for transferring a gift

The procedure for transferring real estate is essentially a new donation transaction. Therefore, the registration procedure is the same as the first time. The conclusion of the contract is carried out in several stages:

Writing an agreement.
Collection of papers for registration actions.
Payment of duties to the state budget.
Contact the Rosreestr branch, the Cadastral Chamber or the Multifunctional Center to submit an application for registration.
Repeated visit to the registration institution to obtain a certificate.

Is it possible to transfer a deed of gift for an apartment? Or donate the house received by deed of gift? The law does not prohibit the implementation of these expressions of will, including the return of a gift back to its donor.

A citizen, becoming an owner, is endowed with all rights and can independently dispose of a gift received from someone.

Owners can transfer movable and immovable property (including an apartment, a house) to whomever they want.

But the legislation provides for a list of persons who are not allowed to perform these actions (donations) from clients and people related to them. This list includes:

civil servants;
municipal employees;
medical workers, and teaching staff (schools and other children's institutions).

Despite the prohibition in the law, in reality, employees of multifunctional centers and Rosreestr do not check the status of the person receiving the donation.

But you can transfer donated property - an apartment or a house - back in accordance with Article 578 of the Civil Code of the Russian Federation, which describes the case when a donation is returned to the donor:

with the personal voluntary expression of the will of the recipient;
or the donor demands that the donated property be returned (such actions are resolved in court);
if the court recognizes the invalidity of the deed of gift.

In order to return the donated property at the will of the real owner, you must go through the usual legal procedures implied when registering a gift.

Transfer of deed of gift

Is it possible to transfer a deed of gift for an apartment? Or donate the house received by deed of gift? The law does not prohibit the implementation of these expressions of will, including the return of a gift back to its donor. A citizen, becoming an owner, is endowed with all rights and can independently dispose of a gift received from someone. Owners can transfer movable and immovable property (including an apartment, a house) to whomever they want.

But the legislation provides for a list of persons who are not allowed to perform these actions (donations) from clients and people related to them.

This list includes:

civil servants;
municipal employees;
medical workers, and teaching staff (schools and other children's institutions).

Despite the prohibition in the law, in reality, employees of multifunctional centers and Rosreestr do not check the status of the person receiving the donation.

with the personal voluntary expression of the will of the recipient;
or the donor demands that the donated property be returned (such actions are resolved in court);
if the court recognizes the invalidity of the deed of gift.

In order to return the donated property at the will of the real owner, you must go through the usual legal procedures implied when registering a gift.

Transfer procedure

Transfer has specific features from a legal point of view. Is it possible to re-donate an apartment received by a person under a deed of gift? How can this be done? Let's consider the options for registering a gift in more detail.

Stages of donation:

Drawing up a new deed of gift.
Have the deed of gift certified by a notary (this is a mandatory point when preparing documents).
Passing state registration of rights.

It is necessary to contact the municipal office of Rosreestr, or the MFC at the location of the object.

Submission of documents is carried out by sending a registered package by mail with a receipt notification, or through the Internet - the official website, or the State Services portal.

Documents required to complete the registration procedure:

applications from the parties to the donation regarding registration;
passports of citizens of the Russian Federation (both parties);
receipt of payment of state duty in the required amount;
documents of law for the object of donation (direct deed of gift - gift agreement);
a document that confirms ownership (this is a certificate, an extract);
a certificate from the place of registration about registered persons in the property being donated (houses, apartments) or a unified housing document (UZhD). This certificate is obtained from the Management Company (MCC). If a transaction is made through the MFC, this document may not be required.

Basic Rules

When going through the procedure of registering a gift or transfer, as in any transaction, there are details and features that should be taken into account. For example, such aspects:

The deed of gift can be canceled within a period of up to three years from the date of registration. It is necessary to prove that the transaction was carried out under pressure or due to a fraudulent offense by one party;
in the case where the recipient is unable to personally be present during the procedure for drawing up the contract, he can be replaced by an authorized person who acts under a notarized power of attorney;
As a result of the transaction, the parties have a written document (the original deed of gift). A third copy of the deed of gift is required for the Rosreestr body;
when transferring property to an incapacitated or minor person, the legal representative or guardian gives his approval for the transaction;
If the donor is married, then the notarized consent of the spouse is required.

If it is necessary to transfer part of a house or apartment that is in common ownership, an officially written agreement of all owners is required.

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Sometimes it is possible for Rosreestr to refuse the transfer of rights, which can be explained by two reasons - there were errors when drawing up the gift agreement or, perhaps, some necessary documents were not provided.

How to draw up an agreement?

The form of the gift agreement must comply with the requirements established by Art. 574 Civil Code of the Russian Federation:

If the property belongs to a legal entity and its value exceeds 3,000 rubles, the transaction is subject to state registration;
After 01.03.2013 there is no need to register a deed of gift: it is certified by a notary, and subsequently the ownership right is registered.

There is no unified form of deed of gift, but when drawing it up, it is necessary to reflect the following information:

Data of the donor and recipient: full name, date of birth, passport details, registration address;
The essence: transfer of an apartment by way of donation. You will need the address of its location, information about property documents;
Estimated value of the property (an assessment from experts is not needed, the price is determined by the parties. It will only be required when paying personal income tax);
Consent to accept the apartment;
Transfer of all obligations for paying taxes and all payments relating to the donated property to the donee;
When will the gift be transferred?
Who pays the costs of completing the transaction;
Signatures of the parties, signature and seal of the witness (notary).

The agreement is drawn up directly with the notary. When contacting him, you will need an application, a receipt for payment of the state fee for notarial acts, real estate documents and passports of both parties.

Before writing a deed of gift, you need to prepare documents. These include the following:

Passports of the parties.
Title papers for real estate.
Cadastral document.
Permission from the wife or husband to enter into a transaction. It is required only if the property being transferred as a gift is property acquired by the spouses in an official marriage.

Additional paperwork may be required depending on your specific situation.

The agreement specifies the passport details of the parties to the transaction, a detailed description of the apartment, the citizen’s consent to accept the gift, the presence of a title document, the rights and obligations of the parties.

How to re-donate

If the party who previously received their apartment as a gift wishes to transfer its ownership to another person, then this can be done by performing the following steps:

Check the actual ownership of the property.
Obtain consent from the proposed donee to receive the property as a gift.
Write out everyone registered from the donation object.
Pay if there are debts and document their absence.
Collect the necessary documents, draw up an agreement signed by the parties: the donor and the recipient.
Pay the state fee.
Submit a package of documents with an application and a donation agreement to Rosreestr or a branch of the MFC. Or simplify the procedure by contacting a notary office for help.

Download the Donation Agreement. Sample (18.5 KiB, 2,408 hits)

Donation agreement for a residential building (22.3 KiB, 339 hits)

Obstacle to the transaction

The donation procedure is quite simple; the ability to carry it out without the obligatory assistance of a notary makes it possible to save money and resolve the issue yourself. We must not forget that there is always the possibility of an artificial delay in the transaction, or even the impossibility of completing it.

The negative aspects that prevent you from donating an apartment, including the following, include:

Poorly drawn up gift agreement. The consequence may be a refusal in future registration of property with the need to correct shortcomings.
The need to pay state fees and expenses when applying to a notary.
Obligation to pay 13% tax for participants not closely related.

If a beneficiary, even a close relative, decides to sell an apartment owned for less than 3 years, the value of which exceeds 1 million, then he is obligated to pay a tax of 13% on the sale.

Spouse's consent to the transaction

With an initial donation and a repeated donation, different requirements arise regarding the need for the consent of the legal spouses.

Download your spouse's consent to donate an apartment. Sample (17.1 KiB, 509 hits)

When real estate is donated for the first time and is jointly owned by both spouses, a written notarized permission for its subsequent donation is required. In addition to other specific features on the ownership of property by each of the spouses, which may be provided for in a previously drawn up marriage contract.

The fact that one of the parties is married does not in any way affect the re-donation. Even when the new owner was related by marital ties at the time of receipt of the property, if it is intended solely for one person’s possession and use. This feature is useful in that it can protect the owner of the apartment during a divorce (Clause 1 of Article 36 of the RF IC).

Multiple recipients

If the question arises: “Is it possible to issue a deed of gift for two people?” Then the answer will be positive. In addition, the number of recipients may be more. For such cases, there are multilateral agreements under which there are either several donees and more than one donor (Article 420 of the Civil Code of the Russian Federation).

Transaction price

It is possible to carry out transactions of donation of the same property indefinitely, despite this, it should be taken into account that this is a paid procedure. When registering, you will need to pay:

fee for registration of property rights;
notary services (the amount depends on the price of the object of donation), if you turn to them for help;
income tax (13 percent), if ownership of the object is not transferred between close relatives.

Tax payment is obligatory for the recipient citizen. Tax is charged on gifts that do not occur between immediate relatives, but also between family members. The tax amount is calculated based on the cadastral price of the property.

Material expenses incurred during the preparation of documents will be borne by the recipient.

State duty amount

After concluding a gift agreement, registration steps must be carried out so that the recipient becomes the full owner of the apartment. The authorities of Rosreestr are dealing with this issue. For the issuance of a certificate of ownership, a citizen is required to pay a state fee.

The amount of the fee differs depending on what type of real estate is registered. In this case, the fee is 2 thousand rubles. This amount is provided for registering an apartment or private house. If ownership rights were transferred to a land plot, the fee would be only 350 rubles.

Features of donating an apartment under a deed of gift

If the owner of a living space is wondering whether it is possible to transfer a deed of gift for an apartment, then the answer will be negative. It is not possible to transfer the document itself. But you can take ownership of the property and then re-donate it. In this case, the following features should be taken into account:

Many people are interested in how long it will take to refute an agreement if it was drawn up for fraudulent purposes. Cancellation of a transaction is available only within 3 years from the date of conclusion of the gift agreement. This can be done through the court if there is evidence of the invalidity of the agreement.
If the recipient himself cannot participate in the execution of the transaction, he can draw up a power of attorney in the name of a relative, notary or other trusted person.
If a deed of gift is drawn up in ordinary written form, duplicates of the gift agreement must remain with both parties to the transaction.
If the recipient has not reached the age of majority, consent to re-donate must be obtained from the guardian.
In the case of transfer of real estate that is in shared ownership, the written consent of all co-owners of the property is required. Documents must be notarized.

Summary

Is it possible to transfer a deed of gift for real estate (apartment)? Is it also possible to transfer a deed of gift? Lawyers sometimes hear these questions. To transfer real estate received as a gift, a citizen can begin the process after he officially registers the property in his name and becomes the full owner.

To avoid refusal to formalize the transfer of rights, you should seek the help of a lawyer. A professional will be able to correctly draw up any type of document, including a gift agreement. He will correctly prepare the required package of papers and will also provide for all the nuances that often arise when resolving such cases. There is an important addition - during the transfer of real estate, the first copyright holder can challenge the transaction in court if he considers the actions illegal.

What documentation is required for registration?

When contacting the Rosreestr office, a citizen must have the following package of documents with him:

Application requesting registration.
Title papers.
Cadastral document.
Donation agreement.
Extract from the Unified State Register.
Consent of the spouse when transferring property acquired during marriage.
Appraiser's conclusion.
Permission from a legal representative or guardianship authority with the participation of a minor.

The documentation is transferred to Rosreestr or the Multifunctional Center. Nowadays, most people turn to the MFC. This greatly simplifies and speeds up the registration procedure.