Model agreement for the donation of an apartment, 2021, 2021 - Agreement for the donation of real estate and other valuables

Apartment donation agreement

Moscow city, January 1, two thousand and nine.
We, citizen of the Russian Federation IVANOV IVANOVICH, born 01/01/1900, place of birth: Moscow, gender male, passport 00 11 123456, issued by the Department of Internal Affairs of the ______ district of Moscow on 01/01/2000, department code 000-100, registered at the address: Moscow, avenue, house, building, apartment, hereinafter referred to as the Donor , on the one hand, and

citizen of the Russian Federation PETROVA MARIA IVANOVNA , born 01/01/1900, Moscow, gender female, passport 00 11 123456, issued by the Department of Internal Affairs of the ______ district of Moscow on 01/01/2000, department code 000-100, registered at the address: Moscow, prospect , house, building, apartment, hereinafter referred to as the Donee , on the other hand, have entered into this agreement as follows:

1. IVANOV IVAN IVANOVICH donated free of charge to PETROVA MARIA IVANOVNA an apartment belonging to him by right of ownership, located at the address: Moscow city, street, house, building, apartment , consisting of 1 (one) living room, with a total area of 40.0 (forty point and zero tenths) sq.m., living area 16.6 (sixteen point six) sq.m.

2. The apartment at the above address belongs to the Donor by right of ownership on the basis of the apartment donation agreement dated 01/01/2000, registered on 01/10/2000. in the Office of the Federal Registration Service for Moscow for No. 000/111/2000-222, which is confirmed by the certificate of state registration of rights, form series 77 AA 123456, issued on January 10, 2000. Office of the Federal Registration Service for Moscow, as stated in the Unified State Register of Rights to Real Estate and Transactions with It on January 10, 2000. registration record No. 000/111/2000-333 was made.

3. The specified apartment is valued by agreement of the parties for the amount of 100,000 (one hundred thousand) rubles 00 kopecks.

4. I, PETROVA MARIA IVANOVNA, for myself an apartment located at the address: Moscow city, street, house, building, apartment , as a gift from IVANOV IVANOVICH - I accept.

5. The donor guarantees that he does not enter into this agreement due to a combination of difficult circumstances on extremely unfavorable terms for himself and this agreement is not an enslaving deal for him.

6. On the day of signing this agreement, the Donor was registered in the specified apartment - IVAN IVANOVICH IVANOV.

7. From the moment of registration of this agreement with the Office of the Federal Registration Service for Moscow, the Donee acquires ownership of an apartment located at the address: Moscow, street, house, building, apartment .

8. After the state registration of this agreement, the Donee assumes responsibility for paying real estate taxes, reimbursement of expenses for the operation of the apartment, the house as a whole, its engineering equipment and the local area by agreement with the operating organization, in accordance with the rules and regulations in force in the Russian Federation. Federations for state and municipal housing stock.

9. The transfer of the gift will take place after registration of this agreement in the Office of the Federal Registration Service for Moscow by transferring from the Donor to the Donee .

10. Contents of articles 131 “State registration of real estate”, 167 “General provisions on the consequences of invalidity of a transaction”, 209 “Content of the right of ownership”, 223 “Moment of the emergence of the acquirer’s right of ownership under the contract”, 250 “Preemptive right to purchase”, 256 “General property of the spouses", 288 "Ownership of residential premises", 292 "Rights of family members of the owners of residential premises", 420 "The concept of a contract", 421 "Freedom of contract", 450 "Grounds for changing and terminating a contract", 551 "State registration of the transfer of ownership for real estate", 572 "Donation agreement", 574 "Form of the gift agreement", 577 "Refusal to execute the gift agreement", 578 "Cancellation of the donation", 580 "Consequences of harm due to defects in the donated item" of the Civil Code of the Russian Federation, articles of the Housing Code of the Russian Federation : 30 “Rights and obligations of owners of residential premises”, 31 “Rights and obligations of citizens living together with the owner in residential premises belonging to him” - the parties are aware of the requirements of Articles 34 “Joint property of spouses”, 35 “Ownership, use and disposal of common property spouses" of the Family Code of the Russian Federation by the parties.

11. The Donor guarantees that before the conclusion of this agreement, the apartment alienated under this agreement has not been sold to anyone else, not given as a gift, not mortgaged, is not in dispute, is not under arrest or prohibited.

12. The costs of concluding this agreement are paid by the Donee.

13. This agreement contains the entire agreement between the parties with respect to the subject matter of this agreement, and cancels and invalidates all other obligations or representations that may have been accepted or made by the parties, whether oral or written, prior to the conclusion of this agreement.

14. The parties declare that their legal capacity is not limited, they are not under guardianship or trusteeship; due to health reasons, they can independently exercise and defend their rights and fulfill their responsibilities; do not suffer from diseases that prevent them from understanding the essence of the contract being concluded.

15. This agreement is drawn up in three copies, one of which is stored in the Office of the Federal Registration Service in Moscow, one copy is issued to the Donor and one copy to the Donee.

SIGNATURES OF THE PARTIES:

____________________________________________________________________________________________

IVANOV IVAN IVANOVICH

____________________________________________________________________________________________

PETROVA MARIA IVANOVNA

Download the document “Standard apartment donation agreement”

Residential premises as a gift

Since the civil circulation of housing differs in many ways from other negotiable things, its donation has some features. In particular, the text of the donation agreement must specify the transferred premises so much that this makes it possible to distinguish it from other real estate.

Additionally

According to paragraph 1 of Art. 16 of the Housing Code, the legislator includes residential buildings and their parts, apartments and their parts, as well as rooms in houses, apartments and dormitories among residential premises that can be donated under a gift agreement.

To identify the specified housing facilities from among others, it is advisable to indicate the address of their location . Since the subject is an essential condition of the contract, failure to indicate the specific address of the house, apartment or room entails recognition of the donation transaction as not concluded (Article 432 of the Civil Code).

The donation of housing is often accompanied by an encumbrance on the part of the donor. Thus, the donation of apartments by elderly relatives is often made subject to the observance of their right to live in the donated residential premises or the obligation of the recipient to carefully use the property, etc.

Residential premises, as a gift, are subject to personal income tax, which is calculated taking into account its objective market value , which can only be determined by an expert appraiser. At the same time, it takes into account various criteria - area, infrastructure, technical condition, area, etc.

When donating rooms in dormitories, you need to take into account that they may be state property. To donate such a room, you first need to carry out privatization in accordance with Federal Law No. 189 of 07/04/91, which is carried out free of charge.

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Features of donating housing in shared ownership

It is not uncommon for housing to be jointly owned by several persons. This regime initially presupposes shared ownership of residential property, which, according to clause 2 of Art. 244 of the Civil Code of the Russian Federation, assumes an allocated share of each of the co-owners.

Attention

If the agreement of the co-owners of the common shared property or the law does not allocate the size of the share of each of the participants, they are considered equal (clause 1 of Article 245 of the Civil Code). According to paragraph 2 of Art. 246 of the Civil Code, each of the participants in shared ownership has the right to donate his share of housing to anyone.

Donating shares allows you to bypass some regulatory restrictions. Thus, if the alienation of a share of an apartment is carried out for compensation (for example, during a purchase and sale), it requires taking into account the right of co-owners to pre-emptive purchase (Article 250 of the Civil Code).

Donation, being a gratuitous transaction, allows you to transfer a share of a real estate property, without taking into account such a right. This opportunity is quite often used by unscrupulous donors - not wanting to sell their share to co-owners, they conclude a feigned deed of gift (clause 2 of Article 170 of the Civil Code).

The owner of a share of housing can donate it to another co-owner. In this case, the share of such a donee will increase in proportion to the share he received as a gift.

When co-owners intend to donate their shares of housing to one donee, they are guided by clause 1 of Art. 246 Civil Code. Thus, the disposal of shared property is carried out by agreement of all co-owners, which is why they give it as a single object of law , and not as shares in common property.

What is the prohibition of gifting and what gifts cannot be given?

Apartment donation agreement

Residential premises as a gift

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Found documents on the topic “apartment donation agreement”

Features of donating housing in shared ownership

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