Despite the apparent complexity, with the right approach, re-registration of an apartment will not cause difficulties. And in this matter you cannot do without our recommendations.
To re-register an apartment, the following package of documentation is required:
- passport;
- documents establishing ownership (sale and purchase agreement, donation, exchange, etc.)
- notarized consent of the spouse (if the apartment is joint property);
- extracting books from home;
- certificate of ownership.
The list may vary depending on the re-registration method.
Re-registration of an apartment through purchase and sale
Step 1. You should collect a package of documents:
- application for state registration;
- title documents for the apartment;
- contract of sale;
- extract from the house register;
- consent of the spouse (if the apartment is joint property);
- receipt of payment of state duty in the amount of 2 thousand rubles.
Step 2: The buyer and seller need to sign a sales contract.
Step 3. Submit documents to register the transfer of ownership rights, for this you need to contact the MFC.
If you are selling a share in an apartment, you must obtain a waiver of purchase from other homeowners. At the same time, in the share purchase and sale agreement, you need to indicate a price no less than what you offered to other owners, otherwise this transaction can be challenged in the future.
On a note. From 2021, the sale of shares is carried out through a notary.
Cost of real estate re-registration
The question of investing in property re-registration is one of the main and frequently asked questions. Since our people are not the richest, they first calculate how much it costs to redecorate an apartment, and then draw conclusions about whether they can handle the procedure financially.
It is necessary to take into account that when registering an inheritance, financial obligations fall on the shoulders of the new owner of the property.
The amount of tax payments directly depends on:
- degree of relationship between the heir and the testator;
- market value of housing;
- the presence or absence of tax benefits.
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.
Summary
The specific option for re-registration of the transferred or received apartment in all cases should be chosen depending on the goals pursued by the parties to the transaction. It is better to come to a decision based on consensus. The maker of the will, and legally this is a one-sided transaction, can ignore the wishes of the heirs and act at his own discretion. In some cases, such a decision may lead to the will being contested in court.
Sources
- https://prokvartiru.com/prodazha/kak-pereoformit-kvartiru
- https://FB.ru/article/283928/pereoformlenie-kvartiryi—poshagovaya-instruktsiya
- https://kvartira3.com/kak-pereoformit-na-drugogo-cheloveka/
- https://pravoved.ru/journal/pereoformlenie-kvartiry-na-drugogo-sobstvennika/
- https://yuristznaet.ru/kvartira/pereoformlenie-kvartiry-na-drugogo-sobstvennika.html
- https://PravoNedv.ru/kvartira/oformlenie/na-drugogo-cheloveka.html
- https://mirzoev.pro/information/sposoby-pereoformleniya-nedvizhimosti-na-drugogo-sobstvennika/
Will
Instructions:
Step 1. The testator contacts the notary's office, taking with him his passport and title documents for the apartment.
Step 2. The notary draws up a will based on the information received from the client.
Step 3. The will is certified by the seal and signatures of the executor and the client.
A will may be invalidated if it is made by an incapacitated person, if it was written under duress, or if it does not comply with current laws.
Is it possible to “resign” real estate to another person without selling it?
One of the common ways to change the owner of an apartment in a high-rise building or a private house is the purchase and sale of a real estate property. But you have to pay taxes to the state on the income received from the sale of housing. This is disadvantageous for the property seller. Those who want to save money have a question about how to change the owner of an apartment without selling it.
There are several options to transfer real estate to another person:
- draw up a deed of gift . It is an option for free transfer of an apartment or house to another person. Regulated by articles No. 572-582 of the Civil Code of the Russian Federation. Donation and change of ownership of an object occurs during the lifetime of the owner;
- sign the exchange agreement . The procedure and features of concluding such a transaction are regulated by Articles No. 567-571 of the Civil Code of Russia. The exchange can be equivalent or made with an additional payment;
- make a will . In this case, the change of owner of the apartment takes place six months after the death of the testator. The procedure and features of drawing up a will and re-registration of ownership rights are regulated by Articles No. 1110-1175 of the Civil Code of the Russian Federation;
- conclude a privatization agreement . In this case, the property passes from state or municipal ownership to private ownership. This area is regulated by the Civil Code of the Russian Federation (Article No. 217), Law on Privatization No. 178.
To re-register an apartment to another person, you need to have certain grounds for this.
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.
Where can I change the owner of an apartment or house?
Information about all real estate objects registered on the territory of the Russian Federation, as well as about their owners, is stored in Rosreestr. Therefore, to change the owner, you need to submit a request to this government agency.
Based on the submitted application and package of documents, the necessary changes will be made. To confirm the change of owner of an apartment or private house, an extract from the Unified State Register will be issued.
There are branches of Rosreestr in every region. Therefore, it is recommended to contact the structure at your place of residence. Another institution where it is possible to change the ownership of real estate is the Multifunctional Center. This is an intermediary organization. It provides a range of state and municipal services. MFC cooperates with Rosreestr.
The procedure for re-registration of ownership of an apartment is longer. This is due to certain time costs for sending documents. At the same time, submitting an application to the MFC is easier than to Rosreestr. There are fewer queues and appointments are by appointment only. It takes no more than a quarter of an hour to submit a package of papers.
There are also private companies operating in Russia that cooperate with Rosreestr and can carry out the procedure for re-registration of ownership rights to real estate on behalf of the client.
It should be noted that you can apply to change the owner of your home via the Internet. For this purpose, there is the State Services portal and the official website of Rosreestr. Submitting an online request is convenient for busy citizens or those individuals who, due to physical health conditions, cannot personally visit the branch of the registration authority.
The nuances of re-registration of housing for a spouse, grandchildren, brothers/sisters and parents
To re-register property to a spouse, a purchase and sale agreement is usually used, since you can receive a tax deduction in the amount of 260,000 rubles. In case of registration of a gift, there is no tax deduction from the transaction. The same is true for re-registration of rights to parents, brothers/sisters or grandchildren. In the latter case, it is permissible to resort to writing a will. There is another way for those who acquired an apartment during marriage; in this case, you can draw up an agreement on property division.
Key nuances
Summarizing all of the above and the experience of specialists, we can highlight several key nuances:
- In property re-registration
the consent of the remaining family members will be required. Especially in cases where the objects are in shared ownership. The permission is written by each member personally, signed and notarized. Otherwise, the agreement can be challenged, as a result of which the new co-owner will lose his right to use and manage the property.
- Re-registration method
, the type of contract is selected individually depending on the circumstances. To re-register property rights between relatives, it is better and cheaper to draw up a gift agreement. The transaction is carried out according to a simplified procedure, costs less, and takes less time.
- Will
- also a good way to legitimize ownership of the new owner. The downside is that while the testator is alive, there can be no progress. The process can only begin after the death of the current owner. The same applies to the rental agreement.
- Exchange with purchase and sale
– relevant for unfamiliar or complete strangers. Both options are safe for both parties. The main thing is to draw it up correctly, trusting specialists who know all the subtleties and nuances of the procedure. This method is also considered rational and most acceptable for divorced couples.
There is a choice of re-registration methods. Each of them is good for a specific life situation. Each is recorded in a legislative document and is considered legitimate. The main thing is not to make mistakes, not to trust those who charge little for the service; accordingly, they have insufficient experience, are incompetent in legislative changes, and they tend to change from time to time.
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:
- 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.
- Contact the BTI. Engineers will inspect the apartment and mark the redevelopment and all non-residential objects located on the territory.
- 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.
- Applying to the administration with an application for privatization. Attached to it is the previously collected package of papers.
- Verification of documents by the administration.
- Signing of the privatization agreement. The presence of all potential property owners is required.
- 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.
List of required documents
To re-register an apartment to another owner, you need to prepare a certain package of documents. The exact list can be obtained from Rosreestr employees. The set of papers can be basic or additional. The list of required documents depends on the specific situation. Both parties to the transaction must appear for the re-registration of ownership of housing.
In any case, the following documents are required:
- civil passports of both parties;
- extract from the Unified State Register of Real Estate;
- title document. This could be a deed of gift, an agreement of exchange or privatization, or a certificate of inheritance.
Additionally, the following documents may be required:
- permission from guardianship and trusteeship authorities. Necessary if the transaction involves minors or incapacitated citizens;
- consent of husband/wife. Must be certified by a notary office. Required if the alienated apartment was acquired during marriage.
It may take a long time to receive some documents. Therefore, it is recommended to prepare a set of papers for Rosreestr for re-registration of ownership of real estate in advance.
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