According to article 34 of the RF IC and article 256 of the RF Civil Code, all spouses' property acquired in a registered marriage is a common shared property, regardless of which of them has a legal title. In the event of the death of the husband, the wife will be the heiress of the first priority, along with the children of the spouse and his parents. If the spouse wants to donate his share of the property to his wife during his lifetime, then you can draw up a donation agreement, a will, or write a marriage contract.
Necessary
- - the passport;
- - documents for property;
- - a donation agreement.
Instructions
Step 1
If you plan to donate all the property to your wife, then draw up a written or notarized donation agreement. This method of transferring one's share of the property is used as a last resort, since there are more common methods to leave his share of the property to his wife - it is to draw up a marriage contract, according to which all the available property will belong to the wife, or to go to a notary office and write a will for his share of the property.
Step 2
If you still want to transfer your share of the property acquired in a registered marriage by registering a deed of gift for the wife, then you need to allocate a share in kind or in percentage, draw up a donation agreement for the wife and register it with the FUGRTS. The wife will become the property of the donated property, which cannot be claimed by other heirs of the first order, which include children and parents. This method of transferring property is relevant only if you have children from another marriage.
Step 3
If you acquired property before marriage or inherited it, then it is not a common shared property of the spouses and you have the right to donate it to anyone, including your legal spouse.
Step 4
To donate any type of property, prepare title documents, a cadastral extract and a copy of the cadastral plan if you donate real estate. Enter into a notarized or written donation agreement. If the property was donated, then contact the FUGRC and register the ownership of the wife.
Step 5
During their life together, spouses have the right to conclude a marriage contract at any time and indicate in it all the property that will belong to one of them. This is an alternative option for transferring the property of a husband to his wife, along with a gift and a will.
