Increasingly, citizens are thinking about how to transfer each other real estate with the least risk. This is not such a difficult task, if you know what to do under certain circumstances. Real estate is often drawn up by will, but there is another way out of the situation. It is about drawing up a gift agreement. This type of transaction is most often found among close relatives. It has its pros and cons, which will be discussed later. Is it possible to issue a gift certificate for an apartment with a lifelong donor? And if so, how to cope with a similar task? Answers to these questions and not only help citizens not to get into an awkward position when receiving a gift or presenting it. In reality, everything is not as difficult as it might seem at first.
Definition
What is a gift? With the life of the donor or not - this is not so important. You need to understand what type of deal you have to deal with in the future.
Gift certificate - an official document that allows you to transfer to a citizen or organization ownership of a property for free. Waiting for the death of the previous owner of the object is not required. It is because of this moment that the studied type of transactions with "real estate" is very popular. Especially among relatives or just close to each other people.
Is a lifetime stay possible?
Is a gift with living a donor an invention or is this type of transaction really possible? And what will he mean?
By law, when donating real estate, the current owner (donor) has the right to indicate special conditions for the transfer of property to another person. For example, reserve the right to life in the donated territory. Such an agreement has its advantages and disadvantages. In practice, the donee quite often try to avoid donors with a lifetime right to live in the donor’s housing. It is not always profitable and convenient. Next, find out why.
Pros for those who give
The donation contract of the apartment with the lifelong donor has, as already mentioned, certain nuances - both positive and not so. Let's start from the point of view of the current owner of the property. A similar situation can be very beneficial.
The thing is that when transferring a home to another person or organization, the donor withdraws all obligations to pay utility bills, repair and maintenance of housing. In fact, if there is a gift with the donor’s right to reside, a person receives free housing. And you won’t have to pay for it at all. It is very convenient, especially when it comes to an elderly citizen who has a small pension as income.
Also, a person acquires guarantees that he will not be evicted from the corresponding apartment or house. This is beneficial if there is no mutual trust between the donor and the donee.
The one who transfers the property has a residence permit on the territory of the gift. And you won’t be able to write it out, no matter how the donee wants it.
Additional conditions of a non-property nature may be made to the deed of gift. This right remains with the donor. For example, he can allow his relatives or acquaintances to live in the donated territory. The main thing is to indicate their data and relevant requirements in the standard form agreement.
If the parties do not fulfill the terms of the contract, the donor has the right to cancel the “gift” agreement. True, for this you will have to go to court, and also prove your case.
Deficiencies in the gift agreement with the right of lifelong donor in this also exist. Moreover, both for the current and for the future owner of real estate. But which ones?
Cons for the one who gives
It all depends on who it is specifically about. As already mentioned, to begin with, consider the pros and cons of the relevant transaction for who is the current owner of residential real estate. Few would agree to an operation that would not be beneficial to him.
After the conclusion of the contract of donation of the apartment with the life of the donor in it, the ownership of the property passes to the donor. The tenant will not be able to dispose of the corresponding object.
In addition, the donor does not receive any “bonuses” or material benefits from the donor. This, as we have said, is a gratuitous transaction. If the recipient of the property wants, he will thank, but this can not be requested. This is simply illegal.
If desired, the donee will be able to sell or donate property. He is also able to do a redevelopment. The new owner will also be able to make a will and write when he wants.
Benefits for the recipient
A donation for an apartment with a life-long living of the donor - this is not so scary for the recipient of the object, if trust reigns between the parties to the transaction. This type of agreement is sometimes really beneficial for everyone.
With donors sorted out. And what are the pros and cons under these circumstances for the recipient of housing? It is hard to believe that such a deal could be beneficial to the new property owner.
Citizens who receive housing as a gift may dispose of it at their discretion. Earlier it was said that if desired, it is allowed to donate or even sell property. The recipient has all the property rights to the territory, to interfere with which no one can. And the donor as well.
Relatives of the former homeowner will not be able to claim it. They will not have any inheritance rights. This is simply not provided for by law. The tenant will remain just a tenant, without property rights.
A distinctive feature of all donations to apartments (with or without a donor) is that such property is legally personal and not common. She is recognized as wholly owned by the one to whom she was gifted. So, it will not be shared during a divorce.
We are studying an agreement that only preserves the residence of the previous owner of the property and allows it to be in it. The donee has no and cannot have any obligations regarding the maintenance of the donor.
A deal between loved ones
The studied type of agreement can be executed both between relatives and between third parties. Just have to figure out the laws in force in the Russian Federation. It is not as difficult as it seems at first.
A donation to an apartment with a life-long living of the donor (or without it) is extremely beneficial to close relatives. They will not have to pay tax for the transaction.
Cons for the recipient
Unfortunately, almost any agreement is a number of advantages and disadvantages for all its participants. And these must be taken into account in order not to face huge disappointment in the end.
Among the disadvantages of the donor with the right to reside in the respective territory of the donor, there are, for example, the impossibility of evicting the former owner of the “immovable”. If the recipient of the object decides to live in an apartment or house, he will have to share the roof with the donor. This is not always convenient, in rare cases it is dangerous.
It is usually difficult to sell property received as a gift for an apartment with a lifelong donor. Few people agree to buy housing in which an outsider is located. Experts say that it is much easier to realize property belonging to a minor child.
In addition, the donee must comply with all the conditions for the use of the territory prescribed in the agreement of the established form. If this is not done, the transaction may be declared invalid by the court. And then, as you might guess, the donee will lose real estate.
Structure
Do you want to issue a gift with a lifelong donor? The terms of this feature of the agreement will have to be prescribed in the contract of the established form in advance. If this is not done, you can simply give the property to another person. And the latter, in turn, will have the right to extract an extra tenant. Therefore, you have to prepare in advance.
First you need to understand how to properly draw up an agreement of the established form on donation. First of all, you have to consider that such a document has a certain structure.
It includes:
- a hat;
- name and specification of the purpose of the document;
- the main part;
- conclusion.
It will not be amiss to also indicate the list of documents attached to the “gift” agreement. The corresponding levy is prescribed after the main part, but before the conclusion. There is nothing difficult about this.
What do they write in a hat?
A donation with the right to live in a house or apartment for life is not as difficult as it may seem to an unprepared citizen. But it is better to seek help from a specialist when compiling it. It will help to spell out all the conditions of the agreement without losing sight of it.
If you want to independently issue a gift, you have to understand what to write in one or another part of the contract. For example, in a hat. This part of the document may not be. If it is, they write to it:
- donor data;
- information about the donee;
- place of transaction;
- contact details of the parties.
This, as already mentioned, is a desirable element of the agreement. It is not as important as the main part of the document.
About the main part
Do you want to make a gift with a lifelong living of the donor in the donated territory? Under such circumstances, great attention should be paid to the main part of the agreement.
As already mentioned, in the absence of experience and legal awareness, it is better to turn to a specialist - a notary or an experienced lawyer. They will help not to miss or forget about the important points of the agreement.
In the main part of the gift agreement, in general, they indicate:
- housing information;
- data about the parties;
- the conditions under which the transfer of property is carried out;
- responsibility of the parties.
In our case, in the conditions it will be necessary to prescribe the right of the donor (and, if necessary, of his specific relatives) to stay in the territory of the donated housing for life.
About the conclusion
A donation with a donor’s right of life residence is made without any special hassle, if you know what information to indicate in such an agreement. What is prescribed in the conclusion?
This is part of the contract, in which, as a rule, the date of conclusion of the agreement is written, as well as the signatures of the parties and the stamps of the authorized bodies, if the participants in the transaction turned to the help thereof. There are no third-party data in this part of the contract and cannot be.
Where to issue?
A donation with a donor's right to life can be issued in different ways. For example, on my own. But it is better to contact an authorized person for help. But where exactly?
Registration of gifts is carried out, as a rule, by notaries. You can use a public or private office. This technique will help, if necessary, to prove the legitimacy of the transaction and to defend their rights in the face of the court.
After completing the agreement, you will have to register it with the authorized bodies. Namely - in Rosreestr. You can contact a similar service either directly or through a multifunctional center.
State duty for registration
How much will you have to pay for the corresponding agreement? It all depends on who exactly is the recipient of wealth. Consider only the size of state duties. Without it, to achieve the desired result under any circumstances will not work. Even close relatives make appropriate payments.
To date, between individuals, the transfer of ownership of the owner will cost two thousand rubles. A similar operation, but with legal entities will amount to twenty two thousand rubles.
Important: usually the corresponding costs are borne by the recipient of the material goods.
Design Instructions
Need to issue a donation for an apartment with a lifelong donor? Then, as already mentioned, the parties will have to follow some kind of leadership. It does not provide for anything special or incomprehensible.
To donate property, you will need to act as follows:
- Make an agreement. As already mentioned, it is best to involve an experienced professional in this.
- Form a package of documents for further actions. They are described below.
- Obtain the donee's consent to receive.
- Go to a notary public and sign an agreement with him, having paid for the relevant services.
- Carry out the state registration procedure in the authorized body, first making the state duty for the operation.
- Renew housing on its recipient, and then make changes to the USRN.
It sounds very simple. In fact, with proper preparation, the operation under study is a minimum of trouble.
Documents for the transaction
True, so that in the future there would be no problems, you will have to initially treat the preparation of documents for the gift with special care. This is especially true of the donor.
Parties generally may require the following certificates:
- gift agreement;
- passports
- consignee's consent to the transaction;
- permission of the spouse to make a gift in respect of housing shared with the husband / wife;
- certificate of marriage or divorce (if any);
- any evidence that the transaction is carried out by the personal property of the donor;
- identity card of each of the parties;
- USRN statements for housing;
- title documents for residential real estate.
It is also recommended that the donor prepare health certificates. In particular, mental. We will have to prove that donation is carried out of good will and in an adequate condition.
Sample document
Below you can see a sample donation agreement with a lifelong donor. The proposed agreement is just a template. It helps to make a gift if necessary.
Accordingly, the conditions and personal data of the parties will change each time. Now it’s clear how to issue a gift certificate for housing under certain circumstances. True, not everyone will be satisfied if an alienator remains in the apartment or house after the transaction. And the current homeowner should be prepared to refuse to receive a gift. The donor model with a lifelong living donor is not much different from an agreement without an appropriate condition.