How to transfer an apartment to another person (owner)

Today we need to understand how an apartment is re-registered to a particular citizen. In fact, understanding the process is not as simple as it seems. After all, the owner can change for various reasons. Depending on the situation, the algorithm of actions will change. This fact must be taken into account. But how to act in this or that case? What should you pay attention to first? How are apartments re-registered to new owners? All this will be discussed further below.

When owners change

Re-registration of an apartment is a process that almost every citizen becomes familiar with sooner or later. Bringing it to life is not so difficult if you know how to act. In what cases can the owner of a particular property change?

To date, the following scenarios have been identified:

1. Privatization. The process of re-registration of state property to a citizen. During this process, the person becomes the full owner of the property, and the municipality loses its rights to the property.
2. Registration of deed of gift. This operation is carried out during the lifetime of the apartment owner. You can donate the entire apartment (re-register it) or its share.
3. Entry into inheritance. Such re-registration of the apartment after the death of the owner takes place. The most unpleasant process for heirs. Especially if the owner did not leave a will during his lifetime.
4. Buying/selling. Purchase and sale transactions are the most common. You can sell your property. After completing the transaction, the buyer will become the full owner of the property. And then the apartment will need to be re-registered to the new citizen.
5. Rent. Rent agreements are often concluded with elderly single people. But at the same time, direct re-registration will occur after the death of the owner of the apartment.

Accordingly, depending on the situation, the algorithm of citizens’ actions will change. What to do in this or that case? How is an apartment re-registered to another owner?

re-registration of an apartment for a child

Sooner or later, there comes a time in a parent’s life when they need to transfer the apartment to their child. When choosing a re-registration method, the best option would be a deed of gift or a will.

If the parent chooses a deed of gift, he will have to take into account that he will not be able to renegotiate the deal and return the home back to himself. But there is a plus: the child will immediately become a full owner and will be able to dispose of the living space at his own discretion.

When registering an inheritance, the owner of the apartment will be able
to make changes to the document. And he can do this many times. In this case, the children will receive the right to dispose of the area only after the death of the owner. In economic terms, a deed of gift will be a more profitable method than a will. It does not need to be certified by a notary, which means you do not need to pay money for this service.

Where to go

An important point is to determine which authority you will need to go to to formalize the transaction. It all depends on the situation. Citizens to re-register an apartment can contact:

• in the MFC;
• to the cadastral chamber;
• to Rosreestr;
• to the city administration;
• to intermediary organizations (they charge additional fees for services);
• to the notary.

Most often, when making purchases and sales, citizens turn to real estate offices. But after signing the relevant agreement, you will still have to go to the registration chamber or Rosreestr. As a last resort, go to the MFC. It is in these bodies that the citizen will be issued a certificate of ownership of real estate.

About privatization

To begin with, we should consider the situation in which the re-registration of an apartment occurs during privatization. Only citizens registered in a particular territory can participate in the process. You will need to submit a package of documents to the administration of the locality or to the MFC.

All re-registration of ownership of an apartment can be divided into several stages:

1. Showing initiative. Someone from the family proposes to privatize the property. Residents either give their consent to the process or refuse to participate in writing.
2. Contact the BTI. Engineers will inspect the apartment and mark the redevelopment and all non-residential objects located on the territory.
3. Collection of documents. The most difficult thing imaginable. You will need a lot of paperwork, so it is recommended to start the process of preparing for privatization with the preparation of documents.
4. Applying to the administration with an application for privatization. Attached to it is the previously collected package of papers.
5. Verification of documents by the administration.
6. Signing of the privatization agreement. The presence of all potential property owners is required.
7. Registration of an apartment in Rosreestr. This is where the process ends. Owners are issued real estate certificates and a new cadastral passport.

Nothing else is needed. What documents are required to re-register an apartment in this case? Their list is not that long.

Documents for privatization

Among the papers required for privatization are:

• identification documents of all potential owners;
• children's birth certificates;
• cadastral passport;
• technical passport of real estate;
• an extract from the personal account of the apartment;
• document providing the basis for the use of real estate (for example, a social tenancy agreement);
• refusals/consents to privatization;
• extracts from the BTI and house register;
• divorce/marriage certificate (if available).

All papers are submitted with an application in the established form. It is advisable to attach their originals and copies.

Independent sale

Next, we will consider the re-registration of ownership of an apartment through the independent sale of property. This is not as difficult to do as it seems. The main thing is to act correctly.

The procedure for completing a real estate purchase and sale transaction can be divided into several stages:

1. Preparation of certain documents for the apartment. The process is carried out by the seller. At the same time, you can search for buyers.
2. Drawing up a purchase and sale agreement.
3. Signing an agreement with the buyer. The new owner pays for the transaction, after which you can go to the MFC and register the agreement.
4. Submitting a package of papers to Rosreestr to obtain a certificate of ownership of real estate.

Nothing special. The main problem when selling real estate is drawing up a legally competent contract. Now a sample of paper can be easily found on the World Wide Web.

re-registration of an apartment in the name of parents, brother, sister

Parents and siblings are considered direct relatives. Therefore, when re-registering an apartment, a deed of gift is used. It will help both parties avoid paying tax .
You can also draw up a purchase and sale agreement. In this case, it is not necessary to carry out a financial transaction. When drawing up an agreement, you can exclude the clause on the transfer of money. It is also possible to draw up a will. Especially if the owner of the property wants to retain the right to exploit the territory. To do this, it will be enough to indicate a direct heir in your will. But you need to remember that this form of transaction will require expenses for a notary.

Documents for re-registration by sale

What documents are required for re-registration of an apartment due to purchase and sale? In general, the list is not much different from the package of papers requested during privatization. You need to prepare:

• passport of the owner-seller;
• buyer's identity card;
• technical and cadastral passports for real estate;
• certificates confirming the absence of debt on bills in the apartment;
• extract from the Unified State Register;
• documents indicating ownership of real estate;
• Marriage certificate;
• the spouse’s permission for the transaction (if we are talking about jointly acquired property);
• a receipt for payment of the state fee for registering the transaction (1,400 rubles, if you contact the MFC);
• an extract from the house register indicating everyone registered in the apartment;
• consent of other property owners for sale (if the seller is not the only owner).

But the buyer will have to bring not only the listed papers to Rosreestr. Additionally, you will have to attach a contract of purchase and sale of housing, as well as a receipt for receipt of money by the former owner of the apartment.

Methods for re-registration of real estate

How to re-register an apartment in the name of a relative, wife or brother?

The most convenient way for children and parents is to transfer property rights by gift or inheritance.

For spouses, after a divorce, a purchase and sale agreement is preferable.

It is important to choose the right type of transaction.

Purchase and sale of real estate

The purpose of the agreement is to transfer ownership of the apartment for the amount specified in the agreement.

Such an agreement can be concluded between almost all legally capable persons who are in a sane state. If necessary, a principal may act as a representative of one of the parties, for whom a notarized power of attorney must be issued.

What documents are needed to re-register an apartment?

Before concluding a contract, you need to prepare the following list of documents:

• Application for registration of a transaction;
• Purchase and sale agreement signed by all parties;
• The acceptance certificate signed by the parties to the transaction;
• Technical passport from BTI;
• Copies of passports of transaction participants;
• If necessary, the consent of the spouse to complete the transaction in writing and certified by a notary;
• Receipt for payment of state duty;
• If working through a representative, the latter must have a notarized power of attorney;
• If necessary, a loan agreement with a bank;
• If necessary, a copy of the court decision declaring any of the participants incompetent or capable, but with restrictions;
• If children are involved in the transaction, their birth certificates must be provided, as well as the written consent of the guardianship authorities.

After all the necessary documents have been collected, all the above papers must be transferred to the Registration Chamber.

The apartment will be re-registered within 14 days from the date of submission of the application, you can also submit the collected package of documents to the MFC and receive the required documents within a week.

In special cases, the re-registration period can be reduced to three or five days. To do this, you will need to write an application addressed to the head of the Companies House and indicate valid reasons why the process should be accelerated.

Exchange

This transaction represents an opportunity not to draw up two sales and purchase agreements and thereby reduce the number of actions.

The parties to this agreement are two apartment owners who want to exchange living space.

Also, one of the parties may provide any non-residential premises, a vehicle, etc. for the transaction.

The main condition of the contract should be that both objects are of equal value. If this is not the case, then the party giving away the more expensive item will receive compensation in the form of an additional payment. To determine the value of the transaction objects, it is necessary to conduct an independent assessment of them in advance .

The documents collected for the implementation of the contract are the same as for a regular purchase and sale agreement.

Donation

A deed of gift is an agreement for the gratuitous transfer of movable or immovable property to another person, among whom there may be both relatives and third parties.

The deed of gift can be drawn up either independently or with a notary . The first method is feasible if the donor does not have other relatives who may try to challenge the transaction. If there are any, it is better to enlist the support of a lawyer, but this will require certain financial investments.

To draw up the contract itself you will need:

1. Passports of the parties to the agreement;
2. A document confirming the donor’s right to own the apartment;
3. Extract from the Unified State Register for real estate;
4. An extract from the house register about the residents registered in the apartment;
5. If necessary, written consent of the spouse, certified by a notary;
6. If the interests of one of the parties are represented by a third party, he must provide a power of attorney certified by a notary.

How to re-register an apartment in the name of a spouse? We invite you to watch the video.

The notary will draw up a deed of gift, after which he will take all the documents he needs and will re-register the apartment at the registration chamber. Later, on the appointed day, the recipient will be provided with an extract from the Unified State Register stating that he is the new owner of the donated apartment.

If you want to save on the services of a lawyer, you will have to do the paperwork at the Registration Chamber yourself. In this case, the agreement is signed in front of the Unified State Register registrar.

Rent

The main idea of ​​a rent agreement is that the owner of an apartment transfers the property he has to another person, for which the rent payer undertakes, in exchange for the property received, to periodically pay rent to the recipient in the form of a certain amount of money, or to provide funds for its maintenance in another form.

Participants in the transaction must provide the following package of documents:

• Certificate of ownership of the transferred property;
• Certificate of inheritance;
• Technical and cadastral passport, as well as, if necessary, other documents from the BTI relating to the apartment.

This agreement can only be executed by a notary.

After completing the transaction, it must be registered in the Unified State Register, then obtain the title documents within the regulated time frame . An annuity is often used as an opportunity to enter into a contract with an encumbrance in the form of lifelong maintenance.

Pledge agreement

The main idea of ​​the collateral agreement is to transfer the apartment as collateral in exchange for receiving the funds specified in the terms of the transaction.

Most often, such an agreement is concluded between a person and a bank, when a person gives an apartment into the ownership of the bank, receiving money in return. After this, he repays the loan, after repayment of which the property is again transferred to his disposal.

While the apartment is pledged, it will belong to the bank. Despite this, no one prohibits the apartment owner from entering into a collateral agreement with an individual .

What documents will be required:

1. Real estate appraisal report;
2. Documents for the apartment;
3. Extract from the Unified State Register;
4. Certificate of right to use real estate pledged.

After execution of the agreement, the mortgagee temporarily becomes the new owner of the property until the amount transferred to the previous owner is returned.

If the mortgagor does not fulfill his obligations under the agreement, for example, does not repay the loan, then the agreement is terminated in court. The property goes to the mortgagee, who has the right to sell the apartment and recover his losses; if part of the money has already been paid by the previous owner, then he is given compensation.

Apartment section

An apartment division agreement is most often used by spouses during a divorce.
In order for it to become possible, each spouse must have their own share in the apartment.

If housing was received by one of the parties before the wedding, then the second person cannot obtain the right to housing , at least unless he is later registered there. Therefore, such property cannot be divided.

But if the apartment was received during marriage, then the spouses may have their own shares. In this case, they will need to divide property during a divorce.

Since the apartment will ultimately go to only one owner, the second should receive compensation for renouncing their rights. It can be expressed in money.

You can achieve payment through the court or reach an agreement among yourself without the intervention of an arbitrator. Otherwise, the parties can go to court, which will consider their arguments and make a balanced decision that takes into account all the facts.

At the same time, the spouse's share can be allocated to him in kind. In this case, the premises are divided into two independent parts, each of which later becomes an apartment.

After that, it can be sold to someone else. To do this, you need to carry out redevelopment, arrange in each part a bathroom and all the life support necessary for a comfortable stay.

Selling through a notary

How is the ownership of an apartment re-registered through a notary through a sale? In this case, the purchase and sale agreement is drawn up in a notary office. The parties must bring with them:

• real estate documents;
• cadastral passport;
• an extract from the house register;
• passports of the parties.

Additionally, state fees and notary services are paid. The employee draws up a competent contract, it is signed by the parties and registered on the spot. After receiving a receipt from the seller about receipt of money, you can go to the registration chamber with the documents listed earlier and receive a certificate of ownership of the property.

Inheritance and re-registration

Re-registration of an apartment after the death of the owner, as a rule, occurs through inheritance. How does this process happen? Such a procedure takes a lot of time.

Registration of an apartment by inheritance is divided into several stages:

1. Consent to inheritance. The heirs must contact a notary within six months and write a consent or refusal to receive the property. If a citizen does not do this, then after 6 months from the date of opening of the inheritance/will, the person loses the right to re-register the property.
2. Collection of documents necessary for the inheritance procedure. More on them a little later.
3. Registration of the transaction with a notary.
4. Applying to Rosreestr to obtain a certificate of rights to an apartment.

There is nothing extremely difficult about this. The main thing is that the re-registration of an apartment after the death of the owner is carried out in accordance with established rules. All documents necessary for this must be collected by the closest relatives and heirs of the deceased.

Documents for inheritance

What documents may be required to re-register an apartment upon inheritance? Citizens bring to the notary:

• a will (usually the notary already has it);
• death certificate of a citizen;
• written consent to enter into inheritance;
• real estate cadastral passport;
• an extract from the Unified State Register (not always, but it’s better to bring it);
• heir's passport;
• documents of relationship with the deceased (if available);
• papers indicating the deceased's ownership of real estate.

As a rule, you need to bring all the listed papers to the Rosreestr, but in addition to them attach:

• application for amendments to the cadastral passport;
• an extract from a notary, which will indicate the fact of transfer of property by inheritance.

After contacting the registration chamber, the citizen will be given a special receipt. It indicates the time of receipt of the certificate of ownership of the property.

One small thing to pay attention to is taxes. If the re-registration of an apartment due to the death of the testator occurs between distant relatives, you will have to pay 13% of the value of the property in the form of tax. Otherwise, the process will not be considered completed. Close relatives (parents, children, spouses) are exempt from taxes.

Taxes - how much and per hundred you need to pay

The total cost of re-registration will depend on the type of registration and the person conducting the transaction (law firm or notary office).

The state duty applicable to the state re-registration of the contract for the alienation of residential property is:

• For legal entities about 22,00 rubles.
• For individuals – about 2000.

It doesn’t matter what kind of document it is: exchange; sales contract, deed of gift, rent, inheritance.

Before transferring the share of the apartment to the mother, you need to pay a fee of 200 rubles (for apartments in a multi-story building).

All transactions for the sale or purchase of apartments are subject to tax at the rate of 13% of the total amount if:

• the owner has owned the apartment for 3-5 years;
• ownership was acquired by donation, rent, or in the process of privatization.

The amount of the fee under an inheritance agreement will depend on the degree of relationship between the deceased and the person taking possession of his property:

• 0.3% of the cost (cadastral) for relatives of the 1st and/or 2nd order of kinship (but not more than 100 thousand rubles);
• 0.6% of all other applicants for ownership (not higher than 1 million rubles).

Gift deed

Now it is clear how the re-registration of an apartment occurs after death. There is no other way. The only exceptions are annuity agreements and deeds of gift. As a rule, a gift agreement is most often encountered in practice. It allows you to transfer the ownership of the entire apartment or part of it to another person during the lifetime of the owner of the property.

If the deed of gift is drawn up for close relatives, you do not need to pay tax. Otherwise, the donee must pay 13% of the cadastral value of the property to the tax authorities.

As a rule, the procedure for registering a deed of gift is as follows:

1. The owner turns to the notary with documents for real estate and a deed of gift.
2. The notary either checks the literacy of the gift agreement, or independently draws it up according to the established rules.
3. The owner of the apartment and the donee sign an agreement.
4. The notary registers the transaction, and the new owner draws up documents for the property at the registration chamber.

It is interesting that the deed of gift can be revoked within 12 months if certain circumstances exist. Usually the procedure is possible if:

• the donee killed the former owner (then the heirs deal with the annulment of the deed of gift);
• the recipient of the property has committed a crime directed against the donor or his relatives;
• there is a threat of damage and loss of the apartment, which is of intangible value to the former owner;
• the property is of public value and the recipient may destroy or damage it.

In practice, such situations rarely occur. Therefore, a deed of gift is the most reliable re-registration. No one obliges the apartment owner to donate the entire property. He has the right to donate only a share. This nuance must be specified in the gift deed.

What methods are suitable for re-registration

Let us consider separately each case associated with different subjects. This is due to the fact that not all methods are equally suitable, for example, for the children of the apartment owner and his distant relatives.

Choosing the right method is extremely important to avoid complications and legal confusion later.

With an outsider, a purchase and sale agreement is best, as is an annuity agreement.

For spouses

Spouses can transfer their ownership in a variety of ways, and the choice will be determined by the relationship between them.

Suppose there is a divorce, then most likely the property will be divided. But, since it is impossible to actually divide the apartment into two parts, it is possible that one of the parties will pay compensation for the other party's share .

You can also be guided by the contract of sale, exchange, etc.

Property division can only be carried out with housing that was obtained during the marriage at the expense of both spouses. Then they receive equal shares in the apartment.

For children

In the case of children, the methods of donation and inheritance are most often used.
These methods will help you transfer property to younger family members without any problems. To make a donation, you will need slightly fewer documents. In addition, in this scenario, you will not have to pay taxes on the disposal of your property. So donation is more profitable than inheritance.

On the other hand, inheritance is suitable if the owner does not want to part with the property, but is ready to transfer it to his children after death, as is usually done.

It is enough to draw up the appropriate paper to be confident in the future of your children, who will also know that the property will not go anywhere into third hands.

The cases with minors and those who have already reached the age of 18 are very different from each other.

If above we looked at the case of adult children, now we will describe the features of transferring housing to a minor.

So, only a gift deed is suitable for him. It must be drawn up and signed in a notary office accompanied by a specialist.

Also, when drawing up the agreement, there must be adults who represent the interests of the child who does not have the right to sign the papers, the child himself and, finally, the direct donor whose apartment will be transferred to the minor.

If the transferred apartment is jointly owned by the spouses, the second spouse must express his consent to the transaction in the form of a written statement.

Documents for registration of deed of gift

What documents for re-registration of an apartment will be useful in the case of drawing up a deed of gift? In this situation, the notary is brought:

• donor's passport;
• gift agreement;
• real estate cadastral passport;
• certificate of ownership of the apartment;
• ID of the donee;
• an extract from the personal account for the apartment;
• documents indicating the relationship between the parties (if any).

Sometimes a notary may request an extract from the BTI. After signing the agreement, citizens are given a notarized notification of registration of the transaction. You can go with it to get a new certificate of ownership.

Re-registration of a personal account for an apartment is carried out after all the described procedures. The owner needs to contact the management company that maintains the building in which the apartment is located. You must bring with you:

• passport;
• gift/sale/rent agreement or other basis for the transfer of real estate to a new owner;
• cadastral passport (preferably).

The new owner writes a statement in the established form, after which the management company makes the appropriate changes. A similar procedure will have to be carried out in all organizations serving the apartment. Otherwise, payments for housing and communal services will be received in someone else’s name. Now it’s clear what documents are needed to re-register an apartment.

Free transfer

When looking for a way to re-register an apartment in your name, avoiding painful taxes and other financial expenses, the best option is a gift agreement or a will. Of course, if we are talking about close relatives, for example, children, spouse, sometimes parents, brothers and sisters, or close people without blood relations, to whom the owner is ready to transfer the apartment without demanding anything from them in return.

A gift agreement is the cheapest option, it is not subject to taxes and does not require a large number of documents. It is important to consider the following:

• According to the law, the gift agreement can be terminated by the donor during his lifetime, whenever he wishes, but only until the new owner formalizes ownership of the donated apartment;
• a donated apartment cannot act as jointly acquired property and is not divided when the spouses divorce.

The documents that will be needed when drawing up a gift agreement (deed of gift) include title papers for the apartment, cadastral documentation and the gift agreement itself or a will along with the personal passports of the parties.