The deed to the apartment

The contract of donation is a kind of written agreement under which the donor transfers the apartment voluntarily and free of charge. That is, in the document itself, it is unacceptable to mention any obligations on the part of the donee in relation to the donor. In the drafting of the deed of gift to the apartment there are other nuances that are important to know for everyone.
Donation – a special type of registration of property rights. In the preparation of the donation there are some nuances that are important to know absolutely everything. Mirsovetov talks about how to make a donation to the apartment.
All about the advantages and disadvantages of the contract of donation
A donation Contract is a kind of written agreement under which the donor transfers the apartment (or other property) voluntarily and free of charge.
Often this type of registration of property rights resort relatives of the first degree of kinship. For these people there is a significant advantage – they do not pay tax on personal income (only state duty of 1% ). Those who do not belong to the above category, pay a tax of 5% of the estimated value of the apartment. Non-residents and non-relatives of the donor will give to the Treasury for 15% of the cost of housing in the design of the contract of donation.
The presented property is inseparable at divorce of spouses (even if the gifted received a gift being in lawful marriage), the apartment have no right to select for debts. In addition, almost immediately after the registration of the contract of donation, you can apply for the appointment of subsidies for utilities, and not wait a whole year, as after the sale.
An important point of difference between the gift and the inheritance: a gifted person immediately after the registration of the contract of donation enters into the right of ownership and can dispose of the donated property at its discretion. Inheritance is issued only six months after the death of the owner of the property.
Few people know that there is a possibility of concluding a consesual contract of donation. It can specify the period after which the apartment will become the property of the donee. This type of donation is not common because there is a significant risk. If the donor dies before the agreed date, the housing will be made available to the legal heirs.
As can be seen from the definition, the contract of donation involves a completely free gift. That is, in the document itself, it is unacceptable to mention any obligations on the part of the donee in relation to the donor.
Parties to the contract of donation Kogut be able-bodied and adult persons, limited capacity and persons from 15 to 18 years can participate in the donation only with the written consent of parents or guardians.
It is quite difficult to terminate the contract of donation (limitation period – 1 year). This happens only in a few cases. For example, if the donor survived the donee. In this case, the property is not returned to the donor, and is inherited by the children and wife of the deceased gifted. In this case, the donee can be reinsured and make an inheritance in the name of the donor. Termination of the gift contract is also possible when the donee has committed any criminal acts against the donor’s family.
There are cases when after some time after registration of the contract of donation “POPs” certificate of incapacity of the donor. In order not to get into such a situation, do not be lazy to confirm the legal capacity of the donor on the day or on the day of signing the contract of donation.
Preparation, execution and registration of the gift agreement
It is better to entrust the preparation of a donation contract to a professional – it is important to describe all the nuances of the transaction. The correct contract of donation consists of at least ten points. Necessarily in the header of the contract should be recorded the date and place of conclusion of the contract. This is followed by the passport data of both parties and a detailed description of the transferred property (address, technical data of housing and information about the document that confirms the ownership of the current owner). In the contract of donation must be specified and the estimated cost of the apartment, based on this amount, in fact, is calculated tax.
It is necessary to register the contract of donation at the notary. Even before the transaction is necessary to collect the following documents:
document confirming the right of ownership (contract of sale, inheritance, etc.). Please note that to give non-privatized housing is not possible!;
technical passport of the apartment;
help independent appraiser indicating the estimated cost of housing (now ordered not in BTI, and will be ready in a few days, the estimated cost of up to 400 hryvnia);
consent of the spouse of the donor to the transfer of housing (notarized at the time of signing the contract of donation in person or before the transaction);
consent of other persons and organizations. Means the services (if otodama housing registered minors), guardian (if the transaction is a part of a minor or limited legal capacity of the person). If you give part of the apartment, you need the written consent of the owner of the second part of the housing. If it is the same person, no consent is required;
documents confirming the first degree of relationship (marriage certificate, birth certificate);
original documents confirming the identity of the donor and the donee.
Before the conclusion of the contract, the notary will request information about the absence of prohibitions on the alienation of the apartment, arrest, tax encumbrances, mortgages. If it turns out that the ban exists, the deal will not take place. Or will happen, but with the lender’s permission (in the case of a mortgage). The notary will certify the contract with his signature, seal. And the donee will be obliged within a few days to register in BTI the property right. The cost of the transaction includes notary services, state duty and personal income tax.
In conclusion, I would like to recommend the participants of the transaction not to save money and to consult an experienced lawyer on all controversial issues. The fact is that the donor can easily become a victim of fraud and it is better to be safe in advance.
Mirsovetov wishes you a good deal!