Transferring a share in an apartment to a relative - procedure

How to transfer a share in an apartment to a relative of another shareholder

If you want to transfer a share in an apartment to a relative or a stranger, you need to choose one of the options for concluding a transaction:

• Purchase and sale. The rules for its registration are enshrined in Article 30 of the Civil Code of the Russian Federation. Other shareholders have the priority right to repurchase. Family ties do not play a role in this case.
• Mena. This type of transaction is regulated by Article 31 of the Civil Code of the Russian Federation. As in the case of the sale of a share, there are no differences in re-registering a share to a relative and a non-relative.
• Giving. When donating a share, the other shareholders do not have a priority right to receive it. If a share in an apartment is given to close relatives, the transaction is not subject to tax. Otherwise, the tax will be 13% of the value of the share.

The choice of transaction option depends on the goals of the owner of the real estate share and the terms of the transaction.

How to allocate a share in kind

Most often, when registering a share, it is determined as a percentage. But how to allocate shares in kind if they are divided in a one-room apartment. For example, each of the heirs received 1/3 in the said real estate. This is where Art. 246 or 250 GK. They say that the owner of the share has the right to sell, lease, or pledge his part. The consent of other owners is mandatory.

The owner, before conducting a transaction with his part of the property, must offer other owners to buy it and obtain notarized consent or refusal. In such situations, it is possible to allocate a share only in monetary terms.

To do this, you will need to take an extract from the register, which provides the estimated value of the entire property. Today, real estate specialists evaluate a property according to the conditions dictated by the market. It may be slightly lower, but the difference is insignificant.

From personal experience, I can say that it is better to resolve such disputes by selling all real estate in its entirety and further dividing the funds equally after paying all fees and taxes. But, if several owners act as sellers, then the costs will be much higher. So it turns out that it is necessary to seek a compromise, negotiate with relatives about the sale and further, fair division of the money.

Procedure

The sequence of actions for transferring a share to a relative or third party does not depend on the type of transaction. It includes the following steps:

• Agreement. When selling a share, you must obtain the written consent of all shareholders. They are given a month to make a decision. Only after this can you start selling the share if none of the other apartment owners wanted to buy it. In the case of a gift, the agreement concerns the consent of the donor to give the share, and the recipient to accept it as a gift.
• Preparation of contract. For each type of transaction, the legal requirements for this document must be taken into account.
• Certification of the transaction by a notary. Any transactions with real estate shares must be officially certified.
• Re-registration of property rights. To do this, you need to contact Rosreestr or MFC. The result will be making changes to the real estate register and issuing an extract from it.

Most real estate share transactions are voluntary. An exception is a court decision on the forced sale of a share in an apartment. There must be good reasons for making such a decision.

Donation as the best option for resolving disputes

From the above, it becomes clear that donation is considered the most painless, safe transaction. To do this you need to go through just a few steps:

• collect the necessary documents;
• order a gift agreement transaction;
• register with the MFC or the Registration Chamber.

For the transaction it is necessary to prepare the following package of documents:

• passports and copies of persons participating in the transaction;
• consent of the seller’s spouse to sell the share;
• consent of other shareholders if the share is sold to an outsider;
• certificate of ownership.

It is safest to register a donation with a notary. In this case, the notary acts as a guarantor that the donated part of the real estate will not be disputed.

Required documents

To register a share of real estate in the name of a new owner in Rosreestr (or in the MFC), you need to submit the following documents:

• Statement from each owner.
• A copy of the agreement.
• Documents establishing rights to each part of the apartment.
• An extract from the house register or apartment card.
• If the share was acquired during marriage, then the written consent of the spouse is required.
• Copies of owners' passports.
• Apartment registration certificate.
• Receipt for payment of state duty.

If any documents are missing, property re-registration will be refused.

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Price

As a rule, transactions with real estate and shares in it are associated with a number of expenses:

• Payment for notary services. From 1 to 5 thousand rubles for drawing up an agreement. The specific amount depends on the type of transaction, its value and the region where the document was executed. The notary must submit a document on the estimated value of the share. Based on this, he will determine the amount of the state duty.
• Registration with Rosreestr is possible only after paying a fee of 2000 rubles (the amount is fixed and is indicated in Article 333.24 of the Tax Code of the Russian Federation).
• Tax of 13% on certain types of transactions (in accordance with the law).

The most profitable option for re-registering a share in an apartment to a relative is a gift, since transactions of this type concluded between close relatives are not subject to tax.

Nuances and features of registering a share for a minor child or mother

When wondering how to transfer a share in an apartment to a relative, you need to take into account additional features of re-registration to specific relatives.

A minor child is limited in the right to enter into transactions, but can become the owner of real estate. Therefore, when re-registering a share in an apartment in his name, the agreement will be concluded by the child’s parents or guardians. If the child is already 14 years old, he must also sign the document, but the transaction must be signed by a parent or guardian.

You can transfer a share in an apartment to your mother on the same grounds as to other relatives. But if this share is transferred by a minor child, then it is necessary to obtain the consent of the guardianship authorities for this transaction. If they do not give such consent, it can be carried out only after going to court, and subject to a positive court decision.

Transfer of shares: subtleties and dangerous moments

Before transferring an apartment to a relative, you must choose the type of transaction to be made. It is impossible to do this just like that, at the sole desire of the share owner. To re-register, you will need a certain type of transaction, which requires the preparation of a number of documents.

Donation agreement

A gift agreement is the most optimal type of transaction. It cannot be challenged in court and does not require notarial confirmation. In order to gift a share in real estate to a close relative, it is enough to go through the re-registration procedure with the state registration authority. Today, this can even be done at MFCs, which actively help people in all regions, regardless of their place of registration.

When donating, the consent of the remaining shareholders is not required. Donation is a voluntary transaction and all rights are transferred to the new owner at the time of registration. Thus, the need for consent or refusal to acquire the shares of other owners is not required. Moreover, when making such a transaction in favor of a close relative, you will not have to pay a state fee.

How to properly draw up a gift agreement - watch the video:

Case from practice. Three family members who were registered in it participated in the process of privatization of the apartment - the grandmother, her daughter and granddaughter. After the privatization process was completed, each woman received 1/3 of the apartment. The grandmother decided to give her share to her granddaughter, and she became the owner of 2/3. The girl’s mother did not lay claim to her grandmother’s share, but she had questions about the truthfulness and fairness of the deal. Therefore, she turned to me, and I explained everything to her in a popular manner.

There are no illegal measures in the grandmother’s actions. The woman was interested in why her mother did not take her consent and how such a transaction could take place outside the notary’s office. I hope that the benefits of a gift transaction to immediate family are obvious.

But not everyone has the right to accept a gift in the form of a share in real estate.

Purchase and sale of shares

A deal like this is much more complicated. You will need to prepare a whole package of documents and carry out the housing assessment procedure. Without this, the contract cannot be valid. Moreover, the estimated value is close to that dictated by the market at the time of the transaction.

Important! If a person has owned a share of real estate for less than 3 years, then he will have to pay tax when buying or selling.

Before making a transaction, it is necessary to notify other shareholders about this. The owner who did not express a desire to buy, but did not want to officially confirm this, has the right to claim the sold share within three months. Thus, even after the share has been sold, one of the share owners can claim to purchase the share that has already been sold. The previous transaction will be declared invalid.

This fact once again confirms that the gift agreement is most effective in transactions with equity participation. Even if a donation by re-registration to another person is considered safe, lawyers still recommend that the donation be formalized by a notary. Such a deal cannot be disputed.

Judicial practice on re-registration of shares

Court cases involving the transfer of shares to other owners are not uncommon. Often relatives or other owners cannot agree and begin to dispute the right to transfer the share to one of them. For example, in a situation where parents and their daughter have shares in an apartment, and the parents decided to transfer their shares to their grandson. The daughter can claim the right to a share. From a legal point of view, such claims are absurd, since parents have the right to conduct a gift transaction with whomever they see fit. Family ties and consent of other shareholders do not play a role in this case.

In case of any controversial issues, you should seek advice from a lawyer. And only if it was not possible to resolve the conflict pre-trial, you need to file a claim in court.