When does ownership transfer? Where and how can I re-register property? The transfer of ownership of a real estate property can be the result of privatization, inheritance or gift, transfer of property by exchange or rent agreement.
When changing the owner of the property, it will be necessary to re-register ownership of the apartment, the meaning of which is to create a certain package of documentation illustrating the essence of the transaction.
Important! If you are dealing with your own case related to the re-registration of property rights, then you should remember that:
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List of required documents
The basic package of documents is always the same:
- Identity cards of the parties to the transaction.
- Certificate of ownership.
- A title document required for state registration (sale and purchase agreement, annuity, deed of gift, etc.).
- Consent of the spouses, certified by a notary (if the alienating party is married).
- Permission from the guardianship authorities if a minor or incapacitated person is involved in the transaction.
Where to go
It’s not enough to know how to re-register an apartment in your wife’s name; you also need to have an idea of where to go so that the transaction is recognized as legal. Re-registration of property rights is carried out in:
- MFC;
- cadastral chamber;
- Rosreestr;
- administration of the district, city where the parties to the transaction live;
- intermediary firms to which the rights to carry out transactions are delegated;
- The notary knows and can how the right of an apartment owner is re-registered.
Before re-registering an apartment in the name of a husband or any other relative, people contact the listed organizations. True, not in all of them, more often in real estate organizations.
After signing a deal with a real estate agency, the owner will still need to visit either the registration chamber, or Rosreestr, and sometimes the MFC. Only in them is a document issued that gives the applicant the right to be considered the sole owner of the apartment.
Transfer methods
Purchase and sale
Re-registration of property in this way is available to any individual or legal entity (Articles 549 – 558 of the Civil Code of the Russian Federation). Step-by-step instruction :
1. Collect the papers necessary for the transaction. Add additional documents to the main package:
- application for state registration;
- extract from the house register;
- technical passport (not in all cases);
- extract from the Unified State Register of Real Estate.
If the bank allocated funds for the transaction, then provide a loan agreement.
2. Draw up a purchase and sale agreement between the parties.
3. Register the transaction and receive new ownership documents. There is also electronic registration.
Important! You can draw up an agreement yourself. But if the transaction involves minors or incapacitated persons, then notarization is required.
Read more about the stages of the transaction here.
By agreement of exchange
The exchange of apartments between owners is possible in one locality, a subject of the Federation or within the entire country (Articles 567 - 571 of the Civil Code of the Russian Federation). It can be equivalent or come with an additional payment.
Registration procedure:
1. Collect documents for each transaction object; the set of papers is similar to the purchase and sale procedure (see above).
2. Draw up an exchange agreement.
3. Register the transaction with Rosreestr or the MFC and obtain certificates of ownership by the parties to the transaction.
Attention! The seller is also the buyer at the same time. One purchase and sale agreement is concluded for both objects of exchange, but in several copies.
Gift deed
Donation is a gratuitous transfer of property from the owner of the property to the donee (Articles 572 - 582 of the Civil Code of the Russian Federation). The method is used as an alternative to a will or to exempt real estate from division upon divorce . Also, transfer of property by gift is used between close relatives to avoid paying 13% income tax.
Algorithm of actions:
- Collect documents (as when completing a purchase and sale transaction).
- Draw up a gift agreement.
- Send documents to Rosreestr or MFC to register property rights.
Note: The donor must be a legally capable person. Making gifts over 3,000 rubles to social workers or officials is prohibited.
Inheritance
During his lifetime, a person can determine the heir to his property, for which a will is drawn up (Articles 1110 - 1175 of the Civil Code of the Russian Federation). The declaration of will comes into force only after the death of the testator.
Instructions:
1. Prepare documents:
- passport of the testator and heir (preferably);
- certificates confirming ownership of the apartment.
2. Appear at a notary's office or authorized persons (for example, a doctor, if the testator is being treated in a medical institution). Based on the information received, a will is drawn up and signed by the executor and the client.
Rent
Rent agreement is an agreement (Articles 589 - 605 of the Civil Code of the Russian Federation), in which one party transfers ownership of real estate, and the second, in exchange for the property received, undertakes to pay a certain amount of money or provide another form of material support (payment of utilities, purchase medicines, household help, etc.)
To draw up a rental agreement:
- Prepare documents similar to the purchase and sale transaction (see above), but an additional certificate of legal capacity of the home owner will appear.
- Draw up and sign the rental agreement in the presence of a notary.
- Register it with the Unified State Register of Real Estate or the MFC and receive documents confirming the transfer of ownership of the housing.
Important! The owner must be the sole owner of the premises. Real estate cannot have encumbrances (mortgage, pledge, etc.).
Find out more about the rent agreement between relatives.
After the death of the owner
The procedure for re-registration of property after the death of its owner arises in a situation where the following has occurred:
- inheritance by law;
- inheritance by will.
If the apartment is municipal and is in social rent, then read about re-registration here.
Will
Algorithm of actions:
1. Obtain from a notary a certificate confirming the right to inheritance. To do this, provide the following documents:
- statement;
- passport;
- death certificate of the testator.
2. When the certificate of ownership has been received, collect the remaining papers and submit the entire set to Rosreestr or MFC:
- certificate confirming the place of registration of the deceased;
- will;
- a document confirming ownership of the object of inheritance.
3. Obtain a certificate of registration of the new owner.
Attention! It is necessary to appear before the notary within 6 months after the death of the testator. Otherwise, the apartment will become the property of the next heirs or the state.
Re-register an apartment under a Donation Agreement
Algorithm of actions:
Step 1. We draw up and sign an apartment donation agreement. You can do this on your own by downloading and filling out a sample from the Internet, or you can seek help from lawyers.
Step 2. We pay the state fee and submit documents for registration to the Federal Registration Service or the MFC.
Step 3. We collect the completed documents.
The advantage of this method is that if you are going to donate a share in the apartment, you do not need to receive refusals from other owners.
If you are going to donate an apartment that is joint property, you must obtain the consent of your spouse.
Registration for relatives without sale
The easiest way to transfer ownership between relatives is through a gift agreement or a will.
If the deed of gift is issued to a minor, the agreement is signed in the presence of a notary and representatives of the child.
Between spouses, the transfer of property rights occurs under an agreement of gift, sale or exchange. The choice depends on the stage of family relationships.
Read about the annuity agreement between relatives at this link.
Price and taxes
The total cost of the procedure depends on what services the parties to the agreement used to draw up the agreement (notary, legal agency).
The state duty for state registration of contracts on the alienation of real estate (conclusion of contracts of sale and purchase, donation, exchange, rent) is:
- for individuals - 2,000 rubles;
- for legal entities - 22,000 rubles.
Registration of a share of common property in an apartment building - 200 rubles.
A transaction for the sale of an apartment is subject to tax (13%) if the property has been owned for less than 5 years and less than 3 years if the living space was inherited, as a result of privatization, under a gift agreement from a close relative or rent.
Depending on the value of the inherited property and the degree of relationship with the deceased, the state duty on inheritance under a will will be:
- 0.3% (not more than 100,000 rubles from the cadastral value of the property) for heirs of the first and second stages;
- 0.6% (no more than 1 million rubles) for other recipients.
Rent
Rent consists of transferring the property of one person to the disposal of another. The latter undertakes to regularly pay a certain amount to the lessor.
Stages:
Step 1. Collection of documents:
- property foundation documents;
- extracting books from home;
- passport of both parties;
- certificate from the BTI.
Step 2. Drawing up and signing an agreement.
Step 3. Registration of the agreement.
The advantage of this method is the possibility of receiving additional income without losing your place of residence. However, there is a risk of becoming part of a fraudulent scheme.
State registration and re-registration of transfer of rights
To change the owner, you must submit documents to Rosreestr or through the MFC. Registration using an example of a purchase and sale agreement here. Find out what list of documents is needed, how long the process takes and applications for registration through the MFC in this detailed article.
Re-registration procedure
Documents required for re-registration of an apartment:
- Passport;
- a document confirming the emergence of ownership rights (DCT, rent agreement, etc.);
- consent of the spouse, confirmed by a notary.
To re-register, you need to submit these documents to Rosreestr and write a corresponding application. Order of the Ministry of Economic Development of Russia dated November 26, 2015 No. 883 established that the collected package can be sent by Russian Post, through a representative, the online portal of State Services or the website of Rosreestr, MFC, or submitted in person to the branch of the registration authority. The applicant also needs to pay a state fee - 2,000 rubles.
After submitting the application, within 12 days the specialist will make a decision on registration or refusal (for example, due to an error in the execution of the contract), which can be appealed in court.
Thus, to re-register an apartment, it is necessary not only to draw up a written agreement, but also to prepare a package of documents and register the acquired property. Below we will look step by step at re-registering an apartment in different ways.
There is nothing complicated in the instructions provided, however, certain knowledge is required so that all actions and executed documents have legal force.
