Property that was acquired by spouses before marriage, as well as received as a gift or by inheritance, is not considered common. Its owner is either the husband or the wife, depending on whose name it is registered. However, such property can be re-registered to another spouse in whole or in part if a donation agreement is concluded.
Necessary
- - donation agreement;
- - documents for the apartment (agreement-basis for the acquisition, certificate of registration of ownership);
- - technical passport from BTI;
- - passports of the parties to the contract;
- - receipts for payment of the state duty for the registration of the contract and registration of the transfer of ownership.
Instructions
Step 1
Determine the amount of property that you would like to present to your wife. Keep in mind that when it comes to real estate, the transaction must be registered with the Federal Registration Service, and vehicles must be reissued with the traffic police, so prepare separate contracts for different types of property.
Step 2
A donation agreement does not require compulsory notarization, a simple written form is sufficient. However, in order to draw up it as competently as possible, contact the services of a notary or legal advice. So you will receive a text that meets the requirements of the law, and protect yourself from refusal to register an agreement with government agencies due to its incorrect content.
Step 3
In the preamble of the agreement, indicate the date and place of its conclusion, the surname, name, patronymic of the donor and the donee, their passport data and place of residence. Then, in the “Subject of the Agreement” section, describe in detail the property donated to your spouse. For example, when donating a car, indicate its make, model, year of manufacture, body type and number, engine and chassis number, and if the object is an apartment, indicate its exact address, total and living space, number of rooms, floor, BTI estimate, etc. etc.
Step 4
List the documents confirming your ownership of the property: a privatization agreement, sale and purchase, exchange, inheritance certificate, etc. Mark your spouse's consent to accept the gift. Do not forget to stipulate the moment of transfer of ownership: for real estate transactions, it occurs after the state registration of the contract, and for others - after the signing of the agreement by the parties.
Step 5
Register a real estate donation agreement. To do this, prepare and submit to the Federal Registration Service at your place of residence the following documents:
- an agreement signed by the parties;
- documents for the apartment (agreement-basis for the acquisition, certificate of registration of ownership);
- technical passport from BTI;
- passports of the parties to the contract;
- receipts for payment of the state duty for the registration of the contract and registration of the transfer of ownership.
Step 6
Please note that receiving property as a gift is income and is subject to personal income tax, but if a transaction is made between close relatives, including a husband and wife, this obligation does not arise.
