Apartment exchange with minor children

Exchange methods

General data for three legally correct options for exchanging relatives' shares are shown in the table. For each item there are certain rules established by the current legislation. When studying practical issues in detail, one should not violate the rights of other owners, and also not forget about fulfilling obligations to the state in the field of taxation.

Significant savings in money when donating is a strong argument in favor of donation. Another advantage is that there is no requirement to obtain the consent of other residents. However, it should be taken into account that only close relatives do not pay the tax: spouses, children, parents, grandparents, grandchildren, brothers and sisters. But these benefits do not apply to similar property registration, for example, between an uncle and a nephew. The general parameters of the other options are equivalent. Important details are provided in the following sections.

List of documents

Registration of the exchange of shares by relatives is completed by changing the entries in the Rosreestr database. To complete this procedure, the following documents are submitted through the Multifunctional Center:

• an agreement between the parties with a detailed description of the essence of the transaction, technical parameters of the redistributed shares, addresses of real estate objects;
• civil passports and other documents for personal identification;
• marriage certificates, other evidence of family relationships;
• a certificate from the Unified State Register containing information about the share distribution and the absence of encumbrances;
• consent of the guardianship authorities to conduct a transaction to protect the rights of incapacitated or minor citizens (relatives, other owners);
• passport of the property with technical data;
• cash documents confirming payment of state duty at current rates.

In addition to the consent of the spouse, the other share owners will need to refuse to purchase the relevant parts - during purchase, sale and exchange. After changing the records with the exchange of shares by relatives in the state unified database, the new owners contact the management company and the homeowners’ association to adjust the accounts.

When choosing any method of related exchange, you should operate only with real estate objects that are equivalent in form of ownership. Housing is privatized in advance. It will not be possible to complete the transaction, for example, if one of the apartments is occupied by one of the parties under a social rental agreement.

If one of the owners is a minor

The law does not prohibit transactions with real estate owned by minor children. At the same time, the interests of the child are monitored by social protection authorities. Therefore, when concluding an exchange agreement with the participation of a minor, it is necessary to first obtain the consent of the guardianship and trusteeship authority (TCA).

The PLO will not give consent to the transaction if the size of the minor’s new share is less than the part of the property transferred to another owner as a result of the exchange agreement. If, as a result of the exchange, the minor’s share increases, then such a transaction is not prohibited.

In the contract, the signature of the minor citizen is placed by his parent/legal representative. Otherwise, the procedure is the same as when concluding an exchange agreement between adult citizens.

Preemptive right of owners

To avoid challenging a real estate transaction in court, qualified preliminary preparation is needed. When exchanging and buying and selling from other owners, they obtain written consent to carry out the transaction, which is certified in a notary office according to the standard procedure. When contacting them, they are given detailed terms of sale (exchange of relatives' shares). The law provides for a month to receive a response. If it is not there, you can attract third-party buyers.

you can here.

When making a gift, there is no need to observe the pre-emptive right - you can immediately draw up an agreement.

For your information ! The rights of minors are protected by guardianship and trusteeship authorities. Without their consent, it is impossible to reduce the child’s share or dispose of maternity capital funds. The appropriate permission must be obtained to complete the transaction with the entry of new entries into the Rosreestr database.

Exchange of shares in apartments with minors

The law requires that the rights of minors be respected in real estate transactions. Thus, a transaction to transfer a share of a share to someone as a gift to a minor will be recognized as illegal. At the same time, minors can accept a gift, although with the consent of their parents (guardians).

You cannot deregister a minor in an apartment involved in the transaction before a transaction. This circumstance must be checked by the guardianship and trusteeship authority and may cause a ban on the transaction.

Purchase and sale

Two sets of documents in this category are drawn up and signed in triplicate for each property, certified by a notary office. Two - for the buyer and the seller. The third is transferred to Rosreestr. The main points for exchanging shares between relatives are as in a standard purchase and sale agreement. Correct descriptions required:

• parties;
• real estate object along with cost and technical parameters;
• transaction procedures;
• penalties and force majeure.

PrEP is available at this link.

Methods

There are two statutory methods of exchange. The first of them involves a simple exchange . It is carried out through the conclusion of an appropriate agreement. In this document, the parties state their rights and obligations, and also reflect such an important point as surcharge (read about the exchange agreement with surcharge), if any.

The agreement specifies the basis on which the transaction was carried out. there is no such trust in an exchange agreement as in a purchase and sale.

The prevalence of the latter method of concluding a transaction makes it possible to be sure that the exchange will take place in accordance with the law and in case of failure to fulfill obligations, it can be challenged in court.

Two sales and purchase agreements are concluded . Each party alternates between being a buyer and a seller. The disadvantage of this method is the need to pay for each concluded contract.

You can also use a realtor. So, he can buy the option of interest, the owner of which is not interested in exchanging, and wait until you sell your part of the property. After this, buy the desired property from a realtor , paying a fee for assistance.

Mena

A sample document is presented below. It is used to check the text during the process of formalizing the exchange of shares between relatives. To complete the standard procedure, one copy is sufficient, which is submitted to Rosreestr.

With the help of this agreement, it is possible to clarify the special procedure when both objects are not privatized. In this case, it is necessary to prepare the following documents for subsequent transfer to the local administration of municipal authorities:

• civil passports of the parties;
• existing social rental agreements with official permissions for the right to occupy a certain living space (orders);
• certificates about the actual composition of families;
• consent of other relatives (owners) to the corresponding exchange of shares;
• standard consents of guardianship authorities (for minors and incapacitated family members, registered owners);
• written confirmation of the absence of debt for utility services.

This method is convenient because the administration does not in any way check the equivalence of the objects of exchange of shares between relatives. Responsible employees check the correctness of completion and composition of the submitted documents, but do not pay attention to the financial component of the transaction. Valid calculations can be made without notifying government authorities. The fact of payment is confirmed by a receipt. For secure transactions with wire transfers and paper bills, you should use banking services - escrow account and safe deposit box, respectively.

The legal refusal of municipal authorities is permissible in the following cases:

• the building (part of the premises) is unsuitable for habitation according to current building codes;
• during the period of the transaction, major repairs or demolition of the house are planned (performed);
• the property is registered under the “official” category, and therefore cannot be transferred to private ownership;
• one of the participants in the exchange of shares suffers from a dangerous disease, sanitary standards prohibit (limit) contacts with others.

You can download the exchange agreement using this link.

Gift deed

Two documents are notarized. In this case, there is no tax base and corresponding obligations to the state. Calculations are made during the exchange of shares according to a scheme convenient for relatives. Registration is completed according to the standard procedure by registering with Rosreestr.

You can download the deed of gift here.

Notary, USRN, tax office

When choosing any of the options, the transfer of shared ownership is formalized through a notary office. Additional authentication of documents and confirmation of the legal capacity of the participants will prevent unnecessary problems during the consideration of the legality of the transaction in court.

After signing the certified agreement, they begin to register new rights independently (through the regional MFC), or entrust the procedure to a notary. Rosreestr will not complete the registration procedure if errors are found when registering the exchange of shares between relatives. Refusal will be received if there are prohibitions and encumbrances. To ensure that there are no limiting factors, you can receive a detailed certificate upon a standard request. Only after creating a new entry in the Unified State Register of Real Estate database, a real estate transaction is considered fully completed.

Tax on income received during the transaction is paid if relatives wish to exchange shares in apartments even with a slight difference in value. This obligation is absent if the property has been owned for less than three (five) years with registration of ownership rights before (after) 01/01/2016, respectively. The completed declaration in standard form is submitted no later than April 30. next spring after one year of completion of this operation. Tax payments can be made until July 15 inclusive.

For your information! When submitting documents for state registration to the Unified State Register of Taxes, a check is carried out to ensure that there are no tax arrears. The obligations noted above should be fulfilled before the deadlines expire so as not to delay the full completion of the transaction.

Concept

In order to talk about clauses of agreement, it is necessary to understand what meaning is meant by this term.

A barter agreement is an act, an agreement between the parties, and therefore is bilateral in nature.

In accordance with it, each party transfers a specific movable or immovable thing into the direct ownership of the other person.

The document has a number of nuances. For example, each party is automatically both a seller and a buyer .

Sample agreement for the exchange of shares in an apartment between close relatives.

Sample agreement for the exchange of shares in an apartment with a minor.

Agreement for exchanging shares in an apartment for an apartment sample.

You can learn about whether it is possible to exchange mortgaged housing and how to carry out a forced exchange through the court from our articles.