Gift of the apartment: we arrange it correctly

A person who owns real estate, can dispose of it at his discretion - bequeath, sell or give. To donate an apartment was a real gift, you must follow the rules that are provided by Russian law.

Agreement

The main thing is how to realize the gift of an apartment - this is a contract. It is made in writing and must be certified by a notary. Otherwise, it is considered invalid. There are two types of contracts: consensual and real. Their main difference is when the property passes into the hands of the new owner.

So, entering into a real contract, the owner transfers his apartment or other real property right after signing the securities. But under the consensual agreement there is a certain period, in the end of which square meters will officially become the property of the donee. How to arrange a gift for an apartment - everyone decides for himself. But in the event that the donor dies, and the term for the transfer of real estate has not yet come, the gift agreement is already losing its effect. And that means that the donee, if he is not, of course, at the same time an heir, real estate never gets.

According to Russian legislation, donating an apartment is voluntary and unpaid. In addition, to transfer their property in this way can only a person fully capable.

The contract of gift can be considered invalid if you specify in it the conditions for any payment, even if in a latent form. However, the size of such a "reward" does not matter. In addition, it may be invalid if there are gross errors in the compilation.

Taxes

The apartment is a great gift, and, despite the fact that the gifts are not paid, some of their blood will still have to be given away. After all, according to the law, the square meters transferred to the property is a kind of income that is taxed. Thus, a citizen of our country will pay 13% of the cost of an apartment to the state.

True, this rule does not apply to donating an apartment to a close relative. According to the Family Code, such are grandparents, parents, children, spouses, brothers and sisters. If you fall under one of these categories, then you will not have to pay anything to the state.

Return the gift?

It happens that the one who gave the apartment, regrets about it. For various reasons. For example, an apartment is registered in the ownership of children, and then they begin to evict the mother from the dwelling. From a legal point of view, it's very difficult to return what was donated. The only thing that will help to win in such a case is the reference to the Constitution. It states that a person has the right to housing, and no one can evict him from where he is officially registered.

If such a situation has occurred, then the former owner of the property must bring an application to the prosecutor's office. It can issue an order to current homeowners. If those who are presented with square meters, now they are going to sell them and expel the former owner on the street, then they go to court. By his decision, the gift of an apartment can be recognized as invalid.