Rules for renouncing ownership of an apartment and shares in it

About the refusal procedure for the donation option

The procedure for donating a share is similar to donating a piece of real estate. You need to go through the standard steps:

• Drawing up an agreement. The procedure is carried out in ordinary written form and does not require certification by a notary office. Our lawyer will help you draw up the details of the gift agreement. It is necessary to draw up 3 versions of the document: for both parties and for the registration authority.
• Certificate of ownership, which is issued by Rosreestr upon registration of housing.
• Technical documents from BTI.
• Receipt for payment of state duty.

This list is required when making a gift transaction; they must be submitted to the registration authority. If necessary, the registrar may request additional documents for registration. After information about real estate is entered into the database of the unified real estate register.

How to give up a share in an apartment in favor of another owner by making a gift, for example, to a close relative? There are no differences, regardless of the degree of relationship of citizens. All procedures are carried out by analogy with the general rules for donating real estate.

Refusal to carry out privatization

Privatization is the transfer of an apartment into private ownership. If a person does not want to be an owner, he can waive his right. To do this, you need written permission to carry out the procedure for transferring the apartment without his participation.

Waiver application: contents, how and where to submit

The application must be written personally by the citizen who waives his right. A prerequisite is that the applicant must be an adult.

A sample application for waiver of a share in an apartment can be downloaded here.

The document form contains the following items:

• Full Name;
• passport data;
• exact address of the apartment;
• reasons for refusal (optional).

The renunciation of a share in the apartment must be notarized.

The application is submitted to the housing committee (department) of the local government. Before a decision is made on an application, a citizen has the right to withdraw it and take part in privatization.

On refusal of privatization

The main important nuance when refusing privatization is that a citizen may not participate in the privatization of his share, but he is obliged to give consent on an equal basis with other owners. Without it, the procedure according to the law cannot take place.

Removal from privatization must be certified by a notary, after which the right to property disappears, and all other measures to register housing ownership are carried out without the former owner. It must be remembered that the cancellation of possession is carried out by the owner only in relation to his part.

How to give up a share in a privatized apartment if several persons own the property?

Based on the above, refusal is possible in several ways, depending on the status of the share at the moment:

• You can not only donate a share, but also draw up a purchase and sale agreement if the housing is privatized.
• If privatization has not yet taken place, then a refusal in favor of another owner is possible.
• If a share is inherited, it can be transferred to another heir, as well as in favor of all remaining owners. In this case, the participation of a notary in the correct execution and certification of the document is necessary.

Thus, the owner of a share of housing can transfer it to another citizen. This means completely abandoning it. Like any legal situation related to actions with real estate, this procedure has many nuances that only a professional lawyer can explain in a qualified manner.

About the peculiarities of refusing a share

The need to cede part of the living space may arise due to objective circumstances, for example, the fact that the value of real estate with several owners will significantly lose in value - up to 25%. In addition, the procedure for completing a transaction will become more complicated, since you will have to collect a significant number of various confirmations and certificates.

How to give up a share in a privatized apartment in favor of your parents? According to the law, this can be done by a legally capable person who has reached the age of 18. The recipient can be any citizen, regardless of the presence or absence or presence of family ties with the owner. A minor citizen does not have the right to renounce his share in the apartment, even if this is done in favor of his parents.

Citizens should seek legal advice before taking action to relinquish property. On our website you can get free legal advice on all housing issues, including this procedure, which has many risks, the consequences of which may be irreversible.

Most often, refusal of the option chosen by the citizen is irreversible. For example, if a gift agreement for a share is drawn up, then there is practically no possibility of terminating it. You can file a claim in court, but you will need compelling reasons to achieve a positive decision. The law defines a narrow range of reasons for which a given contract can be terminated. They are all connected only with breaking the law.

If the owner refuses to privatize, the law is not violated in any way - this is his right. The law allows privatization of housing once, therefore, in case of refusal, the citizen’s right remains and can be used in relation to other housing. But this does not mean the loss of housing by the owner; he retains the right to part of the property. It also applies when the owners of the apartment change after its sale.

When relinquishing part of the ownership of living space in favor of relatives, payment of tax is not required. An outsider is required to pay 13% of the total value of the donated property.

Experience as a lawyer since 2000. Graduated from the Moscow State Open University with honors. Provides consultation and assistance to citizens on all legal issues.

How to give up a share in an apartment in favor of another owner

Hello, in this article we will try to answer the question “How to give up a share in an apartment in favor of another owner.” You can also consult with lawyers online for free directly on the website.

Refusal by a husband (or wife) of a share in an apartment is another fairly common case. A special form of regulation of property relations is provided for spouses. We are talking about a marriage contract. In it, spouses can register who and what will belong to the property (current and future). And in this case, the apartment is purchased only for the wife/husband. No refusals or other paperwork.

And how to give up a share in an apartment in favor of a relative? The procedure is performed in a standard way. If property is transferred to close relatives, for example, to a parent, then the recipient does not have to pay tax on the income. In other cases, it is necessary to contribute 13% of the cadastral value of the share to the budget. This is a personal income tax. According to the law (Article 575 of the Civil Code of the Russian Federation), property cannot be given on behalf of minors. There are often cases when the owner has a desire to give up part of the living space in favor of another. But not everyone knows how to correctly implement this intention. To understand all the nuances, it is recommended that you read this article.

This is important to know: How to exchange an apartment in shared ownership

How to give up a share in a privatized apartment?

There is a procedure for refusal not only in favor of another owner, but also the opportunity to relinquish rights without identifying a successor, although in practice such precedents practically do not occur. That is, in most cases, voluntary renunciation of a share in a privatized apartment is an irreversible step. Except for privatization.

If the housing has been privatized, then the refusal of the share does not mean a refusal of privatization, and the citizen can exercise his right at any time. Voluntary refusal to privatize official or municipal housing does not deprive the owner of the right to take advantage of the free privatization procedure in relation to other residential premises. In principle, it is possible to renounce a share in an apartment with a mortgage if, during a divorce, consent to this is obtained from the other owner (this happens if, as he invested his own funds into the mortgage for the down payment). In court, you can claim a priority right and the spouse’s refusal of the share in favor of the plaintiff, provided that there is documentary evidence of such investments.

In addition, spouses can renounce their shares in housing using deeds of gift. Most often, they are registered either for husbands/wives or for children. This form of property transfer is the most common in Russia. Owning a share in an apartment or other residential premises is not always convenient. It is not always possible to allocate it, it is difficult to sell, it cannot be pledged, etc.

Refusal is possible in several ways. The first of them is through a gift agreement. In this case, a citizen who has already participated in privatization formalizes the transfer of his share in the ownership of the apartment to another member of his family or someone else of his choice. This procedure has been worked out quite well, and no problems usually arise here. The usual registration of the transfer of rights with the Rosreestr authorities and, of course, the consent of the person to whom the gift was made will be required. Important! A person cannot be forced to make a transaction or refuse to make it, since the law provides only for voluntary expression of will in this matter. In this case, any person can choose the new owner of the share of a legally capable adult citizen.

The procedure for privatization of real estate is carried out by municipal authorities. Therefore, the specified package of documents is submitted to the Housing Policy Department at the address of the privatization object. After submitting all the required documents, the process will be completed in a few months, after which you will become the owner of the property. Having refused to be the owner of part of the residential property, a citizen is obliged to contact the passport office to remove it from registration at this address and, within a certain period, leave the former apartment with all personal belongings. All rights to this property are considered lost from this moment and cannot be restored.

For many owners, one of the most pressing issues when selling an apartment is the procedure and amount of tax on the sale of the apartment, that is, on income received from... If the apartment is still municipal or service, then it will be possible to refuse the share in it during the privatization process, then there is a transfer of it into the ownership of those who live in it.

Relinquishments of a share of real estate are most often carried out in favor of a related person. The law does not establish restrictions on this type of transaction, the exception being when this part is the property of a child. There is the possibility of selling or donating a part to a relative. In the case of a gift, there is no need to pay tax. It is also possible to renounce part of the living space during the privatization process. To do this, you must state the reason for the refusal. In this case, the property will be divided in equal parts between all relatives who claim it.

Even if they have fully formed intentions to give up their own share in real estate, people resort to common mistakes, in full confidence that they are doing everything right. In the Russian Federation, almost three years ago, significant changes were made to the legally established process of transactions with property in shared ownership. If you need to give up your share in an apartment, you should consult with a qualified lawyer, because the mechanism regulating how this happens is regulated by several laws.

Before selling your part of the living space, you should contact the remaining owners, as they have a pre-emptive right to purchase. They are required to do this within a month after they were notified. Only if they refuse can you transfer your part to a third party. To do this, you must draw up a written purchase and sale agreement. You should also submit written refusals from other apartment owners to purchase to the registration authority.

Important: giving up a share in the apartment, but accepting the rest of the inheritance is prohibited. The heir writes a renunciation of the testator's property within the framework of one or another form of inheritance (by law or by testamentary document).

If the refusal is issued in favor of the parents, they will not pay taxes, and the refusalr is exempt from personal income tax for alienation. Any procedure requires payment, even a simple certification of the signature by a notary on the privatization application. You can draw up an agreement yourself by using a standard form and entering the necessary information into it. An essential condition of such an agreement will be its subject, that is, information about exactly what share and what object is being transferred. To comply with all legal requirements, you can seek help from a lawyer.

How to issue a refusal

Alienation agreement

Legal methods of alienation are sale, donation, exchange. As a result of such transactions, the owner terminates his ownership right to the property, and another person acquires this right.

Will

Another option for relinquishing property is making a will. With this document, the owner determines to whom he wants to give everything that he has acquired. But there is an important nuance here: the property will be transferred to the wife, children or other family members only after the death of the testator, and until that moment the ownership right remains with the testator.

Property division agreement

Upon divorce, spouses can peacefully agree on the future fate of their property, which they acquired during their legal marriage. To do this, the parties enter into an agreement on the division of property, the terms of which may provide for the transfer of a specific part or all of the property from one spouse to the other.

Marriage contract

You can renounce the share of joint property of the spouses by drawing up a marriage contract. With such an agreement, the parties can indicate what property remains with each spouse in the event of a divorce, or perhaps even - the spouse wishes to leave all the property to the second spouse.

Refusal of inheritance

The procedure for renouncing a share of property during inheritance is clearly stated in the Civil Code. During inheritance, the rights and obligations of the deceased are transferred to the successors. But a person may not take advantage of the right of inheritance, leaving this opportunity to other heirs.

Thus, when entering into an inheritance, a person may not accept the inheritance and declare his refusal from it. Your refusal must be formalized in the form of a statement, the authenticity of the signature on which must be certified by a notary.

Note that by declaring a refusal, the heir is deprived of rights to all the property of the deceased. It is impossible, for example, to give up one apartment, but at the same time claim a house or a car.

The disclaimed share is distributed equally among all other heirs. The application for refusal can be withdrawn within a specified period - until six months have elapsed from the date of death of the relative.

Refusal from privatization

Many citizens are participants in the privatization of housing. Privatization of apartments occurs in the name of all persons registered in it. If any of the registered persons does not want to privatize part of the apartment, then they can refuse by drawing up a written application. The application must be certified by a notary and submitted to the privatization department.

There are situations when citizens privatized housing, but subsequently wanted to give up the privatized living space. By law, a person has the right to do this. But there are some nuances: you can refuse the privatized part of the apartment if the apartment does not have any encumbrances, arrests, is not leased, and the consent of all co-owners who participated in the privatization of this living space has been obtained.

How much does the procedure with a notary cost?

However, if only a small part of the funds owed to the bank has been paid, then it is the financial authority that decides whether the agreement can be rewritten, having previously studied exactly how the new owner intends to repay the loan under the terms. If the bank considers him insolvent, the refusal will not take place. If you do not want to enter into an inheritance, the renunciation of the share is formalized through a notary office. To do this, it is necessary to write a corresponding statement and personally present it so that the notary’s doubts about the voluntary expression of will are removed. If the application is submitted by a proxy, then he must have with him a document confirming his right to represent the interests of his principal.

To make a donation, you need to renew or acquire a new technical certificate. To do this, you should call a specialist from the Bureau of Technical Inventory. He will take the required measurements and provide you with a new technical passport. After this, you need to contact a notary to obtain permission to make a gift. It is also worth knowing that in this case the presence of other owners of the living space is necessary. The gift agreement is drawn up by a notary. With this document, you can contact the registration chamber to receive a certificate in the name of the person to whom you are giving the apartment. The Tax Code stipulates the amount of state duty, the Civil Code stipulates the possibility of acquisition, sale and refusal. There are also federal laws on state registration of property transactions and real estate registration.

Refusal of the privatized share

If you decide to renounce part of the privatized home, you should write a statement in which you indicate the reason for the refusal. You should know that this document must be certified by a notary. You are also required to provide your personal and contact information and home address. In the event of voluntary renunciation of part of the home, the applicant cannot renounce in favor of anyone else. Relatives who also claim it have the right to distribute parts of the apartment. If you renounce privatization, there will be no other opportunity to receive your part of the living space. In 2021, the law provides for only three ways to give up a share in an apartment, regardless of how the owner of the share became its owner. Two of them are often used, and the third only theoretically exists in current legislation.

It is worth remembering that if the transaction was completed in accordance with the law, then it will no longer be possible to return everything to its original state.

In any case, you cannot do without a document that confirms the legality of ownership of the share. This rule is general, regardless of whose benefit the refusal is issued. Only after receiving this document is a corresponding agreement drawn up, depending on the specific situation. You can give up your share in a privatized apartment at any time when the owner wants it. The exception is the case when the property is under arrest.

This is important to know: Sample claim for recognition of the loss of the right to use residential premises

You can draw up a deed of gift only with the permission of the person you are going to gift. There is no need to obtain the consent of other owners. Before starting to draw up a gift agreement, it is necessary for a BTI employee to take a control measurement of the apartment. The transaction itself is carried out by a notary and submits the relevant documents for further registration to the FS GRKK branch. Upon completion of the procedure, the donor does not have to pay personal income tax, but the state fee will have to be paid. In case of refusal of inheritance, the potential recipient of the property loses all opportunities to obtain rights to the apartment or its share. He will not be able to live in it or dispose of it.

Algorithm for refusing shares

Option one: we draw up a share donation agreement. The method is relevant if you are interested in how to give up a share in a privatized apartment.

Individual situations vary depending on the specific terms of the transaction. The general conditions are:

• we receive an extract from the Unified State Register of Real Estate confirming ownership of the share (Rosreestr);
• we confirm with documents the grounds for obtaining an apartment: a privatization act, purchase/sale agreements, a will, etc.;
• We make copies of the donor’s and recipient’s passports;
• if part of the apartment, even if not alienable, belongs to a minor owner, a guardianship permit will be required;
• We go to the local notary to conclude a certified gift agreement.

It is quite possible that the notary will expand the list of required documentation. You will need to pay for notarial fees. When a special form with the signatures of the parties is received, we apply to the State Register to register property rights.

Option two: give up the share at the privatization stage.

The law provided for the participation of all household members in the privatization process. Therefore, the refusal decision is valid only with notarization. You shouldn’t sigh heavily, expecting a multi-day bureaucratic “quest”. Everything is extremely simple:

• an application is drawn up at the notary office and immediately endorsed;
• necessary payments for services are made;
• the application is attached to the privatization package.

From this moment on, all the cards are in the hands of the relatives of the person who refused the share, who complete the privatization without him.

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It is worth noting that deed of gift and privatization are gratuitous enterprises. If it is established that the sale of a share is veiled under the guise of refusal, the transaction is recognized as a sham and can be canceled through the court.

Relinquishment of a share in an apartment: possible options and procedure for registration

The real estate market at the present stage is characterized by a variety of types of objects and rights to them. Often the object of ownership is not the entire apartment, but part of it. Owners of shares, for various reasons, may want to get rid of their property by abandoning it. The legislation provides for various ways to legally formalize such an intention.

What does ownership of a share in an apartment mean?

An apartment is a property owned by one or more owners. In the second case, we are talking about the common property of several owners. Shared ownership of an apartment occurs when each owner has a certain share in the premises.

If the shares are not allocated, then the apartment belongs to all owners on the right of joint ownership. This regime of property rights is relevant for the property of spouses if there is no marriage agreement.

The apartment is in shared ownership if:

• the object is privatized or purchased by several family members. In this case, all owners must be indicated in the contract on the side of the buyers or acquirers. The apartment can be purchased by one owner, and his family members will have the right of residence;
• the apartment is divided into shares between the spouses. The allocation of shares can occur by their consent when signing a marriage contract or an agreement on the division of property, or by a court decision in the case of an application for the division of common real estate.

The right to refuse a share in an apartment

Each of the apartment owners can, at his own discretion, make transactions with his share, which is an independent object of contractual law.

What does giving up your share legally mean? Simply declaring a refusal is not enough to trigger legal consequences. Refusal in practice means any active action by the owner to alienate a share or his refusal to participate in privatization or acceptance of an inheritance. You can renounce the status of owner both in relation to an already owned share in the apartment, and to that which is still subject to registration as ownership.

How to formalize a refusal to privatize

Russian legislation enshrines the right of citizens to a one-time ownership of occupied housing without compensation for its cost. The procedure and conditions for the transfer of residential properties are established by the Law of the Russian Federation of July 4, 1991 N 1541–1 “On the privatization of housing stock in the Russian Federation.”

As a general rule, all residents, including children, become the owners of a privatized apartment. If there are no reservations, all privatization participants receive equal shares. Their rights are confirmed by state registration in the Unified State Register of Real Estate.

Privatization is a procedure that requires its participants to take consistent active actions:

• agreeing on the terms of privatization with all participants;
• drawing up and submitting an application to local authorities or other organizations supervising this housing;
• interaction with competent authorities. The corresponding agreement is concluded no later than two months after the submission of documents;
• application to Rosreestr for the purpose of registering property rights.

Despite the simplification and automation of administrative procedures, for many citizens this procedure seems too labor-intensive. For this reason, they refuse to participate in privatization, which actually means giving up their share in the privatized apartment. Other persons give up their share of property for other, more mercantile reasons.

In any case, whatever the motives, refusal of a share is the right of any resident.

The refusal itself can be issued in two ways:

• write a statement of refusal, have it certified by a notary and hand it over to the rest of the privatization participants;
• appear in person with the other owners to submit an application for privatization of the apartment and declare your intention, confirming this in writing on the spot.

An application for refusal of privatization is filled out on a similar form and contains a request not to include the applicant among the future owners

The share that one of the participants refused is distributed in equal parts among all those wishing to participate in privatization.

The belief about the right to refuse privatization of one’s share in favor of a specific person is false. There is no such right in the legislation. If you want to give your share to a specific person, you need to take a different route: first take part in the privatization of your share and then donate it.

Denial of inheritance

Legislation provides citizens with the opportunity to refuse property received by inheritance (Article 1157 of the Civil Code of the Russian Federation).

The characteristic features of refusal are expressed as follows:

• does not depend on the wishes of other people;
• drawn up in the form of an application;
• drawn up during the period of acceptance of the inheritance;
• is unconditional (you cannot demand anything in return for refusal).

If a citizen has not applied to a notary’s office within the time established by law, he is automatically excluded from the list of heirs.

Registration of refusal: form, where to register

An application for renunciation of inherited property is drawn up in any form. A person can simply refuse to receive property or transfer his share of the property to another heir.

The application form includes the following information:

1. Personal data of the applicant (full name, registration address, actual residence address).
2. Information about the testator.
3. Grounds for receiving property (by will or by law).
4. The desire to refuse the inheritance (it is not necessary to indicate the reasons).
5. Information about the person to whom the property is transferred.

Copies of documents confirming the applicant’s inheritance rights (for example, a birth certificate) are attached to the application. To refuse, a minor heir must obtain permission from the guardianship authorities.

The notary registers the applications and attaches them to the materials of the inheritance case.

Registration deadlines

The law provides six months for declaring the right to inheritance (Article 1154 of the Civil Code of the Russian Federation). Within six months, the heir must decide whether he will claim the property or refuse to receive the property.

After the notary has issued a certificate of the right to inheritance, the citizen does not have the opportunity to refuse (Article 1157 of the Civil Code of the Russian Federation).

Russian legislation provides for a procedure for restoring a missed deadline by going to court. In order for the court to satisfy the claims, it is necessary to provide evidence of valid reasons for absence.

Features of filing a refusal by mail

There are often situations when the heir lives far from the place where the inheritance was opened. In this case, the property can be renounced through a representative or sent by mail.

A citizen should have a written application certified by a notary office at his place of residence. The document is sent by registered mail with notification. The addressee is the notary who opened the inheritance case.

Relinquishment of a share in an apartment by alienation: how to formalize it correctly

Giving up a share by alienating it means transferring ownership rights to your part in the apartment to another owner or owners.

When can you renounce a share in favor of a specific person?

By renouncing his share, a citizen may, in some cases, transfer the property to a specific person.

Thus, transfer of a share to a certain person is possible:

• under a gift agreement;
• upon refusal of inheritance.

Without the right to indicate a specific person, refusal occurs when:

• refusal of privatization;
• sale of shares.

In relation to sale, the issue of identifying a person is controversial for the following reasons.

Selling a share in an apartment

The most typical transaction for the alienation of part of an apartment is its sale.

Since an apartment in shared ownership is a residential property where several users live, in order to protect their interests, the Civil Code establishes the mandatory conditions of this transaction.

According to Article 250 of the Civil Code, all other apartment owners have an advantage when purchasing a share over outside applicants. This means that the owner must first look for a buyer of his share among other owners of shares in this apartment, notifying them of his intention.

Written notification to other owners about the sale of a share in the apartment protects the seller from litigation in the future

Other residents must be informed according to the following rules:

• the message must be in writing;
• You must indicate the current price and conditions.

It should be noted that if the seller, in order to get a waiver from the transaction, deliberately inflates the price of the property and then sells it to an outside buyer at a lower price, such a transaction may be challenged by persons who have a preemptive right to this part.

The seller must wait one month before offering the share to other buyers. However, after a month, no confirmation of the refusal of other apartment owners is required. True, the seller must make sure to timely and accurately inform the co-owners of his intention and take care of documentary evidence of this fact. Otherwise, the transaction with an outside buyer may be contested.

The complete transaction procedure is carried out according to the following scheme:

1. Notifying other owners of the sale.
2. Drawing up a purchase and sale agreement. If there are no interested parties among other participants in the ownership of the apartment, an agreement can be drawn up no earlier than in a month. If the owners show their intention to buy out the share or inform them in writing of their refusal, then the transaction can be completed earlier.

The contract must describe in detail the subject of the transaction, the amount and terms of payment

Video: about the rules for selling a share in an apartment

The procedure for registering a share as a gift

Another legal way to give up your share is to donate it, that is, transfer it into ownership to another person free of charge.

In order to donate your share to another person, you must perform a number of sequential actions:

1. Draw up a gift agreement according to the rules of Article 574 of the Civil Code of the Russian Federation. The document must indicate the object of donation (share in the apartment) with a detailed description (cost, size), as well as information about the entire apartment (address, registration data).
2. Have the contract notarized.
3. Pay the fee and register the transfer of ownership in Rosreestr.

Financial costs are paid by default by the recipient.

The rule on the pre-emptive right of acquisition does not apply to a gift agreement.

Often this point is used when intending to sell a share to an outsider who is not related to the apartment. The deed of gift actually disguises the sale. That is, the share is legally formalized as a gift, and the transfer of money is carried out on the basis of an oral agreement. Such tricks are illegal and, if evidence is available, the contract can be canceled.

There is no need to obtain consent from other persons for the transaction. As an exception, mention should be made of the case of joint property of spouses.

Let's assume that one of the shares in the apartment is registered in the name of citizen Ivanov. Ivanov is married, but his wife’s name does not appear anywhere in relation to this apartment. If this share became the property of Ivanov after his marriage, then by law it belongs to him and his wife jointly, therefore, when dividing property, the spouse has the right to half of this share. It is assumed that all transactions with common property are made by mutual consent. If such consent has not been documented, then after the “nominal” owner has completed a transaction with the common property, the other spouse can challenge it and demand that the alienation be cancelled. And the loser will be the new owner. He will have to return the property. Taking this into account, a document on the consent of the other spouse, although not mandatory, is very desirable for the new owner (done or buyer).

Inheritance

Another circumstance that can lead to the acquisition of a share in an apartment is the receipt of an inheritance. The rules for entering into inheritance are provided for in a separate section 5 of the Civil Code.

You can receive a share in an inheritance either by will or by law.

It must be taken into account that when entering into an inheritance, you can not only become the happy owner of this or that property, but also take on material obligations, that is, debts and the necessary expenses for maintaining the property.

You must accept the inheritance no later than six months after its opening. At the same time, a citizen can refuse his share in the apartment and, within the same period, formalize a refusal of inheritance. In this case, it is worth remembering that refusal of part of the inheritance (only the share in the apartment) is impossible; you will have to refuse the inheritance in full.

In an application for refusal to accept by inheritance a share in an apartment for the purpose of transferring it to a specific person

Article 1158 of the Civil Code of the Russian Federation establishes that the share that a citizen renounces can pass either to a specific person among other heirs or be distributed equally between them.

You can refuse part of an apartment by way of inheritance without specifying the person in whose favor the refusal is being made

You can formalize the refusal by means of an application, presenting it personally to a notary or another person authorized to act on the opening of an inheritance. If visiting a notary seems problematic, for example, due to territorial remoteness, then you can use postal service or deliver the application to someone. It is important to notarize your signature on the refusal application.

If you, as an heir, intend to renounce your share in the apartment, keep in mind the following legal consequences of such refusal:

• refusal is a free expression of will that cannot be revoked. It will not be possible to return part of the apartment to ownership;
• If you renounce a share by way of inheritance, provided that you do not inherit other property besides this share, you are also released from any debts and obligations of the deceased.

How to formalize the refusal of jointly acquired property objects

Spouses will need to decide what kind of document they will draw up:

• marriage agreement;
• gift agreement;
• spousal renunciation agreement;
• receipt.

Marriage agreement

Marriage agreements are currently not in high demand in Russia. This document indicates to which person ownership of the property is transferred. If a husband transfers ownership of several property objects to his wife at once, it is necessary to include a list of them in the document.

Pros and cons of a prenuptial agreement

Donation agreement

When a husband draws up a gift agreement for his wife, he thereby confirms his renunciation of jointly acquired property assets, and also expresses his consent to the transfer of property rights to his wife.

At the same time, you can draw up a deed of gift not only for your wife, but also for your children in equal shares.

Spousal consent agreement

How to draw up a waiver agreement? You can choose one of 2 methods - in written or printed form. Regardless of the writing, the document will need to be certified by an employee of a notary agency.

The agreement will require the following information:

• Full name of the spouses without any abbreviations;
• a list of property objects that are transferred into the wife’s possession;
• a record that the husband does not claim the joint property transferred to his wife, renounces his personal share in favor of the woman;
• passport details, residential address, date of birth, contact details;
• signatures of husband and wife;
• relevant certificate of an employee of a notary agency.

Receipt

A receipt has less legal significance, unlike an agreement.

The receipt is drawn up in writing and must include the following information:

• applicant's passport details;
• title of the document and date of its writing;
• duration of validity of the receipt;
• the essence of the document drawn up: who will be the new owner of the property, what objects are transferred in favor of the wife, etc.

The receipt can be certified by an employee of a notary agency or in court.

General rules for transactions entailing the relinquishment of a share in an apartment

Any action to relinquish property entails serious legal consequences, so for these transactions there are general requirements for registration, tax issues and respect for the interests of other persons.

Transaction certificate

Contacting a notary is an integral step in almost all real estate transactions.



When registering a waiver through sale or donation, the participation of a notary is required to certify the agreement. When renouncing a share in the inheritance, the corresponding application must be accepted by a notary.

Notary services for transactions involving the alienation of a share in an apartment consist of the notary fee and services for drawing up the document itself. You can save on the latter by preparing the transaction document yourself.

The size of the tariff depends on the value of the transaction and is half a percent of this amount.

The participation of a notary is necessary to verify the transactions carried out and documents drawn up for compliance with the law

Tax obligations of parties in transactions involving the alienation of property

Since transactions with shares in an apartment always entail an improvement in the property situation for one of the parties, they are subject to tax legislation. We are talking about paying personal income tax.

As a general rule, the tax rate is 13% of the transaction amount. For foreigners the rate is significantly higher - 30%.

Tax on the sale of a share in an apartment

The tax must be paid with some reservations if you give up your share in the apartment by selling it.

Legislators have shown a very flexible approach to the issue of payment or exemption from tax when selling part of an apartment. Let's consider various options.

There is no need to pay tax on:

• property acquired before January 1, 2021, with shares held for more than three years;
• real estate received after January 1, 2021 and held for more than three years, if ownership arose as a result of participation in privatization, a gift from loved ones, by inheritance or under a rental agreement.

The amount from the sale of a share is subject to taxation if:

• this share was received before January 1, 2021 and was owned for less than three years;
• if the share was received after January 1, 2021 and was held for less than 5 years (with the exception of the three-year rule described above for shares received in certain ways).

When determining the amount of tax, the seller has the opportunity to reduce his expenses using the rules of deduction determined in various ways (cost or property).

The concept of giving up a share or an apartment as a whole

Abandonment of property means the cessation of any activities with the property.

Article 236 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation) formulates the following conditions for such a procedure:

1. Any citizen whose right is officially registered can renounce an apartment (share in an apartment).
2. The owner must announce the removal from possession.
3. Refusal is voluntary.

Until the new owner acquires the property, all rights and obligations (for example, payment of utilities) remain with the original owner.

Legal grounds for refusal of share

The grounds for the emergence of shared ownership are determined by Article 244 of the Civil Code of the Russian Federation. The general reasons for termination of rights are established in Article 235 of the Civil Code of the Russian Federation.

Most often in practice the following types of relinquishment of a share in real estate are encountered:

• when accepting an inheritance;
• when privatizing an apartment;
• when signing a purchase and sale agreement;
• when drawing up a deed of gift.

The procedure for registering a waiver of part of an apartment depends on the chosen option.