Gift of the share of the apartment: the features of the contract

To begin with, let us dwell on the question "why do co-owners choose the donation of the share of the apartment." The sale is not suitable from the very beginning, because we want a donation to another person. A testament is obtained. You should always remember the main restriction of freedom of will, which exists in the law. This is an obligatory share in the inheritance, when other persons can claim half of the part that they could receive by law. True, this applies only to the heirs of the first stage, but is still an essential restriction. Thus, the donation of the share of an apartment excludes this possibility, so the choice falls precisely on it.

Form of contract

Some mistakenly believe that the form of the contract of donating the share of the apartment is a mandatory notarization. Simply put, the agreement must be compiled and notarized. This is not so, since the civil code provided for this kind of transaction a simple written form. Article 161 regulates this. Of course, this does not mean that there may be a lack of specific requirements for the contract.

Basic requirements for the agreement

It is always better to entrust the drafting of a contract to a professional lawyer, whose qualifications have no doubts. But if for some reason the drawing up is done independently, then a number of rules should be followed. The contract of donating the shares of an apartment must have the following. As already mentioned, a written form is required. Next, you need to determine the place, the date of conclusion, the parties' data (name, passport data). Identify the property by writing the address and its characteristics (the number of rooms, the presence of a balcony, loggias, etc.). It is important to specify the title documents. It is on their basis that there is an alienation of rights in favor of another person. In the end, the parties sign (with decoding) a paper.

Compensatory terms

Sometimes the donor uses different conditions. Gifting the share of an apartment in some way should be beneficial to the person who gives it. Therefore, there are such conditions, the presence of which is unacceptable. For example, elderly people often use it. In the contract they give a share to a certain person, provided that this person will take care of him for the rest of his life. It should be borne in mind that in this case it is already the subject of another transaction, namely the contract for lifelong maintenance. If such conditions exist, the gift contract may be declared invalid.

State registration

The final stage of the agreement of the parties is an appeal to the state registration body of rights (the name is often changed). Employees should carefully check the contract, and if it does not meet the requirements of the law, it will be submitted for revision, the gift will not be issued. Here again, the help of a lawyer is important, because it is difficult to understand all the subtleties without special knowledge. If everything is in good condition, the state body registers the transaction. From the moment the certificate is issued, the right to part of the apartment is transferred to the donee. Thus, the donation of the share of the apartment is complete.