How to transfer an apartment to your wife while married

Joint property between spouses often becomes a stumbling block during divorce. When a husband agrees to give any object into the ownership of his wife, the question arises of how to transfer the apartment to his wife. In marriage, this can be done in several ways, each of which has its own advantages and disadvantages.

How to transfer an apartment to your wife while you are married?

If the property was already acquired before marriage, then it is the property of the person who bought it. If the apartment was purchased during marriage, then it belongs equally to both spouses. Depending on the time of acquisition of real estate, you can choose the method of transferring it into the absolute ownership of one of the spouses.

Registration of a gift agreement

In order to issue a deed of gift for your wife, you must follow a certain sequence of steps:

collection and preparation of required documents;
preparation of contract. In the case of a gift between spouses, a standard form of agreement can be used;
certification by a notary if desired;
registration of the rights of the new owner.

Only after passing the state registration procedure is the transaction considered completed.

Conclusion of a purchase and sale agreement

Another way to alienate a share in favor of the wife is through sale. This option is often used by those who wish to reimburse 13% of the cost of the sold object.

To implement the transaction, you must follow the step-by-step instructions:

preparation of required papers;
preparation of contract;
contacting a notary when making a certification;
signing a document;
completing the property rights registration procedure.

When spouses are parties to an agreement, it is usually not necessary to include additional clauses in its text.

That is why it is enough to carefully study the sample document or example of filling it out.

How to register real estate so as not to divide it during a divorce?

When concluding a marriage or after its registration, spouses have the right to determine the fate of each piece of property in the event of divorce.

If the law states that real estate and everything else is divided in half, then there are some ways to change this order.

The section will not own the following objects:

donations;
received by inheritance;
acquired before marriage.

For all other real estate, it is necessary to decide immediately, so that if division is necessary, many questions will not arise for each other.

Conclusion of a marriage contract

Spouses always have the opportunity to draw up a marriage contract; to conclude such an agreement, a certain order of steps will be required:

reaching a personal agreement on which particular object will belong to the wife, as well as other terms of the agreement;
contacting a notary with passports;
drawing up a marriage contract and signing it.

It is impossible to unilaterally cancel the terms of the contract and refuse to perform it.

Drawing up an agreement on the division of common property

The agreement is drawn up by the spouses and signed by them personally. After signing, the document immediately comes into force, and it can only be challenged in court. An agreement of this order applies exclusively to the joint property of the spouses. For proper drafting, you can contact a notary or a professional lawyer. This will avoid mistakes.

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How to re-register an apartment in the name of a married wife?

In certain life situations, a married couple may need to transfer the apartment to the other half. If the procedure for transferring real estate purchased before the wedding is clear, then difficulties may arise with common property. There are several ways to re-register an apartment purchased during marriage to your wife so that it belongs only to her.

Gift deed

This is a reliable option. But when transferring property purchased during marriage from husband to wife using a deed of gift, difficulties are possible, since it is considered jointly acquired (Clause 3 of Article 74 of the Family Code of the Russian Federation), and it will not be possible to simply conclude a gift agreement. The wife already owns half of the apartment here.

In order to legally transfer housing to her, it is clearly determined which part each spouse owns. This needs to be formalized. Afterwards, the husband can give his share as a gift to his wife. Simply put, it is required to re-register joint ownership into shared ownership .

There are several ways to solve this issue. The procedure for dividing the apartment is carried out, and subsequently the husband has the right to donate his part to his wife, or a marriage contract certified by a notary is drawn up, which will also determine the boundaries of the property of each spouse.

Registration of a marriage contract

This is the easiest way for free transactions with jointly acquired property. Drawing up a contract with a mandatory clause in it of separate ownership rights will make it possible to immediately re-register the apartment for the second half using a deed of gift. But you can’t do it without notaries: the documentation must be certified.

The marriage contract is drawn up as follows:

the spouses come to an agreement about what will belong to the wife and under what conditions;
they draw up their agreements with a notary;
the drawn up contract is signed by the parties.

A marriage agreement is also convenient because it makes it easy to change the title owner of real estate if, for example, it is necessary to change an entry in the Unified State Register of Real Estate. To do this, a clause is simply added to the document about the decision between the spouses to change the ownership of the apartment from one person to another.

Division of an apartment and determination of shares

Married citizens have the right to divide everything that they have acquired jointly by agreement of the parties. This is stipulated by the Family Code of the Russian Federation (clause 2, article 38). It is possible to draw up a specific document on the division of property: its essence is the redistribution of all property between spouses. But its inconvenience is that it is valid only if equivalent property is assigned to the spouse.

If you only need to transfer real estate into your wife’s ownership, it will be safer to collect two documents: enter into an agreement to determine the share and then draw up a deed of gift. Division of shares and donation under the supervision of experienced lawyers can be done in one action.

An agreement on determining shares in joint property rights is drawn up in the similarity of a marriage contract:

an agreement is drawn up between the married couple as to what part of the property will belong to each of them;
an agreement is drawn up and certified;
signatures are placed.

After this, you can register the document with the relevant government agency.

The deed of gift must contain complete information about the property and the surrounding area, such as: the number of floors in the house, address, construction material, outbuildings, land plot, cadastral number and total area.

Step-by-step preparation of a gift agreement:

preparation of documents;
drawing up a standard gift agreement;
certification optional;
passing the state registration procedure.

Donation involves depriving the husband of all rights to housing. However, if during a divorce it is possible to prove through the court that significant changes were made to the improvement of the property at the expense of the spouse, it will be possible to return part of it back.

It is easier to transfer an apartment to your wife while you are married than after a divorce. A gift between legal spouses is formalized without tax, but if a house is given to an ex-wife from a husband, then you will need to pay a fee - 13% of its value.

Contract of sale

Since the husband and wife have common rights to the property, re-registration of the apartment using a purchase and sale agreement will also not take place without delimiting the shares. If for some reason the husband wanted to sell his share to his wife rather than give it as a gift, then he will need to pay all taxes determined by the state for this. The advantage of the sale is that it cannot be appealed.

Required actions to sell an apartment to your spouse:

prepare certificates;
draw up a purchase and sale agreement;
have it certified by a notary;
sign the parties;
register the right of the new owner.

Both when concluding a deed of gift and when concluding a purchase and sale agreement, the following documents will be required:

passports of citizens;
certificate of marriage or divorce;
technical and cadastral passports;
notarized extract from the house register;
certificate of registration of ownership;
certificate from the tax office stating that the husband has no debts;
application from the spouse for the transfer of housing (in case of donation);
agreement on the transfer of real estate in a married couple (in case of gift);
consent of other registered in the apartment or minor relatives.

The collected documentation is submitted to the local department of the Office of the Federal Registration Service (UFRS). The standard waiting period is 30 calendar days.

How to transfer an apartment to your wife while you are married?

In order to issue a deed of gift for your wife, you must follow a certain sequence of steps:

collection and preparation of required documents;
preparation of contract. In the case of a gift between spouses, a standard form of agreement can be used;
certification by a notary if desired;
registration of the rights of the new owner.

Only after passing the state registration procedure is the transaction considered completed.

Another way to alienate a share in favor of the wife is through sale. This option is often used by those who wish to reimburse 13% of the cost of the sold object.

To implement the transaction, you must follow the step-by-step instructions:

preparation of required papers;
preparation of contract;
contacting a notary when making a certification;
signing a document;
completing the property rights registration procedure.

When spouses are parties to an agreement, it is usually not necessary to include additional clauses in its text.

That is why it is enough to carefully study the sample document or example of filling it out.

There are various reasons why a man plans to transfer real estate to his wife. At the same time, the question often arises of how to transfer the apartment to the wife in order to avoid taxes and extra duties.

To issue a full-fledged conclusion, you need to know your basis for ownership - inheritance, purchase and sale, privatization.

If the apartment belongs to you by inheritance or privatization, then this object is not the common joint property of the spouses, and, accordingly, a marriage contract is not drawn up. A simple written, non-notarial gift agreement is drawn up, which is subsequently subject to state registration in Rosreestr.

Donating real estate in 5 questions and answers

What documents are needed to donate a share and how does the transaction work?

If the apartment belongs to you under a purchase and sale agreement, then you need to know the following: the property was acquired before marriage or during marriage. If before marriage, then this object is not the common joint property of the spouses and a marriage contract is not drawn up. In this situation, the actions of the spouses are to draw up a simple written, non-notarial gift agreement, which is subsequently subject to state registration in Rosreestr.

If the apartment belongs to you under a purchase and sale agreement and the property was acquired during marriage, then this object is the common joint property of the spouses. Accordingly, the wife, by virtue of Art. 34 of the Family Code of the Russian Federation, owns ½ share in the apartment. In this case, you can draw up a marriage contract, which stipulates that it applies to the period of acquisition of real estate, and indicates in it that the apartment is the property of the husband. After this, a simple gift or sale agreement is drawn up again, which is subsequently subject to state registration in Rosreestr.

You can enter into a notarized agreement on the division of the property of the spouses, where it is determined that the spouse owns ½ share. After that, register this agreement in Rosreestr, and only then draw up a notarized agreement of donation of ½ share from you to your wife and again register this agreement in Rosreestr.

Documentation for re-registration of property rights

To complete a transaction to transfer real estate from a husband, a wife should prepare a standard package of papers:

civil passports of the parties to the transaction;
marriage or divorce certificate;
registration certificate of the residential premises;
deed of gift for living space or purchase and sale agreement;
extracts from the fiscal authority confirming the absence of tax debt;
cadastral documentation;
marriage contract or agreement on division of real estate;
title documentation for real estate;
information about citizens registered in the apartment, certified by a notary;
application from the husband to transfer property to his wife.

Depending on the situation, additional documentation may be required. After submitting a package of official papers to Rosreestr, ownership will be issued within 30 days. After this, the wife can pick up a document from a government agency confirming her right to own housing.

How to transfer an apartment to your wife while married

If the housing that the spouse decided to transfer to his wife was purchased by him before they entered into marriage. Either he received the property through inheritance or it was gifted to him, in which case it is recommended to draw up a gift agreement for his wife. It is worth noting that according to the Family Code of the Russian Federation, spouses do not need to pay tax if they receive an apartment by gift. This document is drawn up in simple written form. In accordance with the law of the Russian Federation, the gift agreement must be certified by a notary.

gift agreement

Purchase and sale

Sometimes a purchase and sale agreement is concluded between spouses. This option is also possible, but it should be borne in mind that if the parties do not really plan to make such a compensated transaction, that is, the spouse will not pay the agreed amount of money for it, then this transaction is considered feigned, and if it is recognized as such on legal grounds, it is not will give rise to no legal consequences for its parties.

Also, the disadvantage of this method of registration is the need for the spouse to pay a tax in the amount of 13% of the cost of the apartment.

Key legislative aspects

Issues relating to the transfer of property rights from one person to another in Russia are regulated by many legislative acts.

In the topic we are considering, it is most relevant to consider some provisions of the Family Code (FC) of the Russian Federation.

Based on the information presented in this code, the method of transferring an apartment from a husband to his wife is largely determined, which is important to consider.

First of all, let us turn to paragraph 3 of Article 34 of the RF IC, which determines the status of property belonging to a particular family.

In accordance with it, any apartment is considered the common property of the spouses if it was acquired for compensation during the period after marriage. In this case, the wife already has the right to own the apartment, or rather to ½ of its area.

Moreover, this law applies regardless of who bought the apartment and in whose name the purchase and sale agreement was drawn up. In such situations, property is divided, followed by the husband donating/selling his part of the apartment to his wife.

If the apartment was acquired by the spouse before marriage or after that, but free of charge (donation, inheritance, etc.), then he is the sole owner of the property.

In such a situation, the easiest way is to conclude a gift agreement, according to which the property will pass to the wife. By carrying out the manipulation in this way, the family is exempt from taxation on the transaction, since the spouses are close relatives.

Articles 38 and 42 of the RF IC also regulate the procedure and method for transferring an apartment from spouse to spouse through the mandatory conclusion of a notarized marriage contract or other agreement that will determine the fact of transfer of property.

When considering some situations on this topic, it may be necessary to refer to the articles of the Civil Code of the Russian Federation, which define such concepts as “joint” or “shared” property (Chapter 16). In most cases, the use of these legislative acts is sufficient to carry out the re-registration correctly and without problems.

Conditions

The possibility of transferring property to one spouse will be influenced by the succession regime applicable to the object of the agreement.

It’s difficult to formulate:

a. A citizen has the right to dispose of an object with the approval of his spouse. It turns out that he must first issue his half a notarized permission. That I agree to receive living space.

b. Both spouses have the right to simultaneously own property, without dividing the item into shares or determining a schedule of use. It turns out that the husband/wife will receive their own apartment as a gift. Moreover, with your own written permission.

c. Article 38 of the RF IC will be required , according to which citizens will first divide the object, allocating a share to each. This is easy to formalize with a special agreement followed by registration of the paper. Only after receiving the right of private ownership to a share, a citizen will be able to give half to his wife/husband.

© Transfer of separate property . A different regime is applied here; the approval of the second party is not required, because there is only one owner of the item. It is enough to carry out a standard donation transaction.

The donor, entering into an agreement, will give the property to the other party free of charge. Losing all rights to it.

Gift deed

Registration of a marriage contract

The marriage contract is drawn up as follows:

the spouses come to an agreement about what will belong to the wife and under what conditions;
they draw up their agreements with a notary;
the drawn up contract is signed by the parties.

Division of an apartment and determination of shares

An agreement on determining shares in joint property rights is drawn up in the similarity of a marriage contract:

an agreement is drawn up between the married couple as to what part of the property will belong to each of them;
an agreement is drawn up and certified;
signatures are placed.

After this, you can register the document with the relevant government agency.

Step-by-step preparation of a gift agreement:

preparation of documents;
drawing up a standard gift agreement;
certification optional;
passing the state registration procedure.

Legislative acts of the transfer procedure

The donation of a share of an apartment to a spouse, as well as the usual procedure for the gratuitous transfer of property, is regulated by Article 572 of the Civil Code of the Russian Federation and other paragraphs of this code, but in matters that are contrary to donation, when the apartment is considered jointly acquired property, certain norms of the family code that determine the property rights of spouses are applied.

According to Art. 34 and 39 of the RF IC, when defining an apartment as jointly acquired property, it is possible to donate a share of real estate, but in the amount of no more than half of the total area of housing .

Ways to re-register an apartment during marriage

If real estate was purchased before the marriage was registered, then they are the personal property of one of the spouses. If you purchase housing after marriage, the apartment becomes the joint property of the couple. The method of re-registration will depend on the time of purchase of housing.

Transfer of housing under a gift agreement

In order to avoid further difficulties in challenging the right of ownership, the husband should draw up a gift agreement. In accordance with its terms, the wife becomes the owner of her husband's share. With the help of a deed of gift, you can transfer ownership of an apartment to your spouse without taxes. None of the parties to the transaction must pay taxes to the budget when registering a deed of gift.

When preparing a deed of gift from a husband to a wife, the following steps will be required:

preparation of the necessary documentation package;
writing a gift agreement (husband and wife can use a standard form);
notarization of the transaction;
state registration of real estate for the new owner in Rosreestr (without registration, the transaction is considered incomplete).

Transfer of ownership rights under a purchase and sale agreement

You can transfer residential real estate to your wife through a purchase and sale transaction. This method of transferring property will help you return 13% of the price of the sold home. The transaction is completed as follows:

Initially, it is worth preparing a certain package of documentation;
then the contract is drawn up;
signing and certification of the transaction by a notary;
registration of state registration in Rosreestr.

It is possible to transfer ownership of residential real estate to a spouse by concluding a purchase and sale transaction only if the living space was purchased before the marriage was registered. Since if a husband wants to sell his wife an apartment purchased during marriage, this will mean that he is selling the housing to himself. After all, real estate acquired after the registration of a marriage relationship is joint property.

Drawing up an agreement on the division of real estate

Based on paragraph 2 of Art. 38 of the RF IC, the common property of a married couple can be divided between partners by drawing up an appropriate agreement. The document requires mandatory notarization. Without it, the agreement will not gain legal force. The agreement specifies the shares of each spouse in the housing acquired after registration of the marriage relationship.

Further, to transfer his share to his wife, the husband can draw up a deed of gift. After the spouse registers her ownership, she will become the sole owner of the apartment.

Registration of a gift agreement

You can donate your part of the apartment to your wife by drawing up an appropriate agreement. This is a rather advantageous solution, since the deed of gift is difficult to dispute and is highly reliable. In order to issue a deed of gift for your wife, you must follow a certain sequence of steps:

collection and preparation of required documents;
preparation of contract. In the case of a gift between spouses, a standard form of agreement can be used;
certification by a notary if desired;
registration of the rights of the new owner.

Only after passing the state registration procedure is the transaction considered completed. Expert opinion Maria Lokshina Family law expert since 2010 The donor must take into account that the gift is difficult to cancel and it is absolutely impossible to do this without sufficient grounds.

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If the gift is from the parents of one of the spouses

Often the older generation tries to support children who have started families. They are given household items, furniture, and bought cars. Wealthy parents can donate an apartment.

By law, real estate received as a gift by a wife is considered her sole property after registration of the transaction. Cannot be divided.

The second spouse will be able to claim part of the apartment if:

A. With his investments he was subsequently able to increase the market value of housing. For example, he made repairs, reconstruction or other innovations there. You will need to prove this fact in court.

B. It is impossible to document the fact of donation. Here you need a deed of gift, which specifically states that the living space is transferred to one person (his name), and not to the family in general.

Expert opinion

Nina Matveeva, real estate consultant

Difficulties will arise if the second spouse receives custody, i.e. the common children will remain to live with him. Then he will have a chance to receive part of the apartment donated to his wife for the children. , guardianship will also participate in the trial , representing the interests of all minors.

How to re-register an apartment in the name of your wife if the property is under a mortgage

If a loan for an apartment was taken out by a married couple, then both spouses are co-borrowers on the mortgage.
Before transferring the apartment to your spouse, you need to obtain consent from the bank. And he can refuse this, citing the fact that his wife’s income is too small to repay the debt. Banks do not take such risks.

If, nevertheless, the bank approves the process of re-issuing a loan, then the borrowers must re-register the property by mutual agreement. In this case, it is necessary to make changes to the loan agreement.

These changes stipulate that the husband is released from the obligation to repay the loan, however, at the same time he is deprived of the rights to the apartment purchased with a mortgage.

In this case, the bank’s consent is not required; you only need to have the agreement certified by a notary.

How to transfer ownership of an apartment from husband to wife: necessary documents

To transfer the apartment to the spouse, the husband needs to prepare the following documents:

passport of husband and wife; an extract from the house register, certified by a notary; technical passport and cadastral passport of the apartment; certificate of registration of ownership; home purchase agreement; agreement on the transfer of an apartment from husband to wife; marriage certificate (or divorce certificate); an application from the wife to obtain the right to property; apartment transfer/donation agreement.

With these documents, spouses must contact the department of the Federal Registration Service at their place of residence.

The procedure for re-registration of an apartment should last no longer than 30 days.

How to transfer an apartment from husband to wife while married?

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There are several situations in which husbands want to transfer an apartment to their wives: divorce, a serious illness in the husband, receiving an inheritance in the form of an apartment, a desire to cede ownership rights, etc. Having decided to transfer an apartment to their spouse, many men ask themselves: “How to transfer an apartment to wife in 2021? If this topic is relevant to you or just interesting, then read and remember all the legal aspects of this issue.

According to clause

1 tbsp. 34 of the Family Code of the Russian Federation, spouses who have entered into a marriage contract have the right to establish a regime of shared, joint or separate ownership of property. This law also states that a marriage contract can be concluded not only for existing property, but also for what will be acquired in the future.

According to this article, each spouse has shared ownership of the apartment. In this regard, the husband has every right to transfer his share of the apartment to his wife. He can do this by deed of gift.

To do this, you need to draw up a gift deed. When signing a gift agreement, the spouse must be a legally capable person. Otherwise, the deal will not take place.

The marriage contract is concluded in a notary's office. The process of transferring property rights from husband to wife is necessarily subject to state registration.

According to paragraph 2 of Art. 38 of the Family Code of the Russian Federation, common property (apartment) can be divided between husband and wife by their prior agreement.

This agreement on the division of property acquired during the marriage must be notarized. In this case, the shares in the apartment of each spouse are determined.

And then the husband officially transfers his share of the apartment to his wife by drawing up a gift agreement.

Division of joint property

Many people believe that property can only be divided after a formal divorce. However, it is not. A corresponding agreement can also be concluded while you are married. It is important to know that such an agreement must be certified by a notary.

However, this method is not always suitable for spouses, because according to the agreement, the shares of property to be divided must be equal. This means that if the parties have agreed that the apartment will become the private property of the wife, then an equivalent property or a sum of money should become the property of the husband.

How to re-register an apartment for your wife

It is worth noting that according to the Family Code of the Russian Federation, spouses do not need to pay tax if they receive an apartment by gift. This document is drawn up in simple written form. In accordance with the law of the Russian Federation, the gift agreement must be certified by a notary.

How to transfer a share in an apartment to your wife

There are two ways to transfer the share of an apartment to your wife. This is the execution of a deed of gift or a purchase and sale agreement. Often citizens choose the first option. It is recommended to draw up a gift agreement with a notary, even if it is not so profitable financially. The notary will draw up the deed of gift for you correctly and no one will be able to challenge it.

Provide the notary with the necessary documentation, namely:

passports of the wife and husband;
a document that proves that the share belongs to the spouse;
the agreement on the basis of which the donor received housing. This may be a purchase and sale agreement, as well as a certificate of inheritance;
husband's consent in writing;
a certificate indicating everyone who is registered in this apartment.

Next, the deed of gift, drawn up by a notary, must be signed by the husband and wife. This should be done on site, in the presence of an employee of the institution.

Payment of state fees and notary services, namely:

you will have to pay 2-3 thousand rubles for registration of a deed of gift;
for its registration 2000 rubles;
The state duty is 0.3% of the housing share.
spouses also need to sign a registration application;
the notary will need the originals of all documents except passports;
then they will send all documents to Rosreestr or MFC;
Finally, you should pick up the contract from the notary. Also, the wife will be given a certificate stating that she is the owner of a share of the housing. It is worth noting that you must have your passports and all copies of documents that were previously issued to you by a notary.

What documents are needed to re-register an apartment for a wife?

To transfer housing to your wife, you should have the following package of documentation:

passports of spouses;
documentation confirming that you are the owner of the share;
written permission from all owners, which must be certified by a notary;
documentation from the cadastre;
the agreement on the basis of which the donor received housing. This may be a purchase and sale agreement, as well as a certificate of inheritance;
extract from the personal account;
statement.

If the spouse wished to transfer the property to his wife before the formalization of their marriage or in the case when he received it by inheritance, a gift agreement should be concluded in favor of the spouse.

This document is drawn up in simple written form. According to the Family Code of the Russian Federation, spouses do not need to pay tax if the apartment was received by gift.

After the death of the husband, re-registration of the apartment to the wife

The death of a husband is a serious test for a wife. Among other problems, she has problems with registration of housing. Often the spouse does not know what documents are needed to re-register an apartment after the death of her husband.

According to the provisions of the Law of the Russian Federation, property that was acquired during marriage belongs to the spouses in equal shares. The spouse has the right to dispose of his part of the housing as he wishes, but half of the spouse should be distributed among all heirs. To register inheritance rights, you must send the required package of documents to the notary. It is worth noting that this should be done within six months from the date of registration of death.

List of necessary documents for registration of inheritance rights:

original and copy of the death certificate of the spouse;
a document indicating the husband’s last place of residence. It is also worth indicating everyone who lived there at the time of death;
a certificate confirming that you are married;
a certificate proving that the housing was purchased during marriage;
passport.

Sources

Maria Sergeevna Shlyuter Administrative responsibility for offenses in the field of subsoil protection and subsoil use. Monograph; Prospect - M., 1994. - 500 p.
Smirnova 100 golden rules. Caring for indoor plants / Smirnova, Maria. - M.: Fiton+, 2008. - 160 p.
Kosarenko, N. N. State and insurance. Problems of state legal regulation of insurance in the Russian Federation / N.N. Kosarenko. - M.: KnoRus, 2015. - 796 p.
Criminal procedural legislation of the Russian Federation 2001-2011 / Team of authors. - M.: Prospekt, 2021. - 847 p.
Fedotova, E. V. Legal psychology. Cheat sheet / E.V. Fedotova. - M.: Scientific book, 2009. - 673 p.

Under what conditions can you give a share to your spouse?

The gift agreement is concluded without counter conditions. Because it is a free transaction. The only requirement is the consent of the recipient to accept the property as a gift. Usually the corresponding clause is specified in the contract.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

If the apartment is owned by several people, then it will not be possible to donate the property right away. The donor will have to agree on the procedure for the alienation of a share of the joint property with the co-owners. The problem can be solved by concluding an agreement on the allocation of shares or through the court. Here you need to take into account the number of co-owners, on what basis the right of ownership arose, whether the right holders are relatives and what their relationship is with each other.

Is it possible to donate a share in an apartment without the consent of other owners? The consent of the co-owner is not required if there are only two owners of the apartment (husband and wife). The only condition is that the transaction takes place in the interests of one of them.

Example. The couple lived in a 2-room apartment. apartment under a social tenancy agreement. Subsequently, they privatized housing in equal shares. Each got ½ of the housing. There were no children in the family at the time of privatization. A few years later, the couple decided to separate. The man did not intend to share housing with his wife. Therefore, on the eve of the divorce, I drew up a deed of gift. He assigned ½ of the apartment to his wife. The parties to the agreement dispensed with the agreement of the transaction with third parties.