How to rewrite an apartment for a child

How to rewrite an apartment for a child



Russian legislation provides forseveral possible options for registering a transaction on the transfer of ownership of an apartment from one person to another. For example, if the mother wants to rewrite an apartment for a child, you can do this in the following ways: to make a gift agreement, to conclude a purchase transaction or to write a will.





How to rewrite an apartment for a child


















You will need




  • - Passports (birth certificate for children under 14 years old);
  • - certificate of ownership of the apartment;
  • - documents for the apartment (cadastral passport, etc.);
  • - receipt of payment of state duty;
  • - additional documents.




Instructions





1


Enter into a gift contract. This is the simplest and most reliable way to transfer ownership. A big plus of this agreement is that it will not generate taxable income, that is, the donee will not have to pay tax at 13% of the apartment cost, since he and the donor are in close relationship. It is not necessary to sign a notarized contract, it will be enough to compile it in a simple written form. The main thing to carry it on registration in bodies Rosreestra.





2


Make a contract-purchase sale. You can sell your child's apartment, but if it is from your property for less than three years, then you will have to pay a tax of 13% of its value (minus one million rubles). This way of transferring ownership is not particularly good also because if your child (for example, a son) was married at the time of signing the contract of sale, then in case of divorce, the ex-spouse can claim a part of the apartment, since this property was married together.





3


Make a will. After your death, the apartment will legally go to the person indicated in the will. But in this situation, there are some nuances that should be taken into account. The will can be challenged in court. For example, other heirs of the first stage may claim to the apartment after your death: parents, children, spouse.





4


Prepare a package of documents necessary forconclusion of gift and purchase agreements, as well as in the drafting of a will. As a rule, this list includes: the participants' passports (or birth certificate for children under 14 years of age), a certificate of ownership of the real estate object, documents for the apartment (cadastral passport, etc.), a receipt for payment of state duty and others , which may require the bodies of Rosreestr or a notary.




























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