Apartment donation agreement.
What is a gift agreement? The lawyer tells.
A real estate donation agreement (or, as the people say, “donation”) is a free transfer of real estate from one person to another. Such real estate can be an apartment, a residential building, a land plot, etc.
Who can donate real estate?
The property under such an agreement can only be donated by the person to whom it belongs – the owner.
How about joint ownership?
If the property is owned by more than one owner, you can only donate the share that belongs to you.
If the property is the joint property of the spouses, then the written consent of the other spouse is required to conclude a donation agreement.
You can choose the donee at your discretion: a relative, an acquaintance, a neighbor, the first person you meet – anyone. Real estate can also be donated to legal entities, the state or a territorial community.
So, when you have decided what and to whom you will give, let’s talk about the procedure for concluding such an agreement.
Donation agreement. How to compose?
First you need to contact a notary. It can be either a public or a private notary at the location of real estate or at the place of residence of one of the parties to the contract.
It is the notary who will help collect the necessary documents, including:
- identity documents of the donor and the donee;
- documents confirming ownership of real estate;
- technical certificate;
- real estate appraisal;
- certificate of persons registered in the apartment or house that you want to donate.
This list depends on the specific situation and can be expanded.
In addition, the notary will help you check if your property is not subject to restrictions that make it impossible to donate it (for example, arrest or prohibition of alienation).
As for taxes, fees and other payments. Lawyer Kharkov tells.
To notarize the real estate donation agreement, you must provide the notary with proof of payment:
- the cost of notary services;
- state duty (1% of the property value);
- military tax (1.5% of the value of the property);
- personal income tax (as a general rule, it is 5% of the value of the property).
If you donate real estate to relatives of the first degree of kinship, for example, children, parents or husband or wife), then you do not need to pay military duty and personal income tax.
Conclusion of a donation agreement. Nuances.
To conclude a donation agreement, the presence of both the donor and the gifted person or their representatives is required.
After preparing all the necessary documents, the notary draws up the text of the contract.
The donor and the donee sign the contract, after which the notary certifies and registers it.
The notary shall give each of the parties an original copy of the concluded agreement. Take care of your documents, even if you think they will never be useful to you!
State registration of property rights.
State registration of property rights for the new owner – the donee.
After the conclusion and certification of the donation agreement, the notary registers the donee’s ownership right in the State Register of Rights to Real Estate. From that moment on, the donee is considered the new owner of real estate and can own, use and dispose of it.
Lawyer Kharkiv informs what is important to know.
It is important to remember that the donor is obliged to inform the donee about the shortcomings of the thing I give, as well as about its special properties, which can be dangerous to the life, health, property of the donee or other persons.
It is also possible to conclude a donation agreement upon the occurrence of a certain condition, or after a certain period. That is, you conclude a contract, say, today, and transfer the real estate in a year.
The donor has the right to demand termination of the real estate donation contract if the donee has deliberately committed a crime against the life, health, property of the donor, his parents, wife (husband) or children. The limitation period in such cases is 1 year.
If you need help a lawyer Kharkiv – contact us!