How to re-register an apartment in the name of a married wife: without taxes

In certain life situations, a married couple may need to transfer the apartment to the other half. If the procedure for transferring real estate purchased before the wedding is clear, then difficulties may arise with common property. There are several ways to re-register an apartment purchased during marriage to your wife so that it belongs only to her.

Gift deed

This is a reliable option. But when transferring property purchased during marriage from husband to wife using a deed of gift, difficulties are possible, since it is considered jointly acquired (Clause 3 of Article 74 of the Family Code of the Russian Federation), and it will not be possible to simply conclude a gift agreement. The wife already owns half of the apartment here.

In order to legally transfer housing to her, it is clearly determined which part each spouse owns. This needs to be formalized. Afterwards, the husband can give his share as a gift to his wife. Simply put, it is required to re-register joint ownership into shared ownership .

There are several ways to solve this issue. The procedure for dividing the apartment is carried out, and subsequently the husband has the right to donate his part to his wife, or a marriage contract certified by a notary is drawn up, which will also determine the boundaries of the property of each spouse.

Registration of a marriage contract

This is the easiest way for free transactions with jointly acquired property. Drawing up a contract with a mandatory clause in it of separate ownership rights will make it possible to immediately re-register the apartment for the second half using a deed of gift. But you can’t do it without notaries: the documentation must be certified.

The marriage contract is drawn up as follows:

• the spouses come to an agreement about what will belong to the wife and under what conditions;
• they draw up their agreements with a notary;
• the drawn up contract is signed by the parties.

A marriage agreement is also convenient because it makes it easy to change the title owner of real estate if, for example, it is necessary to change an entry in the Unified State Register of Real Estate. To do this, a clause is simply added to the document about the decision between the spouses to change the ownership of the apartment from one person to another.

Division of an apartment and determination of shares

Married citizens have the right to divide everything that they have acquired jointly by agreement of the parties. This is stipulated by the Family Code of the Russian Federation (clause 2, article 38). It is possible to draw up a specific document on the division of property: its essence is the redistribution of all property between spouses. But its inconvenience is that it is valid only if equivalent property is assigned to the spouse.

If you only need to transfer real estate into your wife’s ownership, it will be safer to collect two documents: enter into an agreement to determine the share and then draw up a deed of gift. Division of shares and donation under the supervision of experienced lawyers can be done in one action.

An agreement on determining shares in joint property rights is drawn up in the similarity of a marriage contract:

• an agreement is drawn up between the married couple as to what part of the property will belong to each of them;
• an agreement is drawn up and certified;
• signatures are placed.

After this, you can register the document with the relevant government agency.

If there is a choice between a marriage contract and an agreement to determine the share, the first is preferable. The contract is more complete and reliable.

The deed of gift must contain complete information about the property and the surrounding area, such as: the number of floors in the house, address, construction material, outbuildings, land plot, cadastral number and total area.

Step-by-step preparation of a gift agreement:

• preparation of documents;
• drawing up a standard gift agreement;
• certification optional;
• passing the state registration procedure.

Donation involves depriving the husband of all rights to housing. However, if during a divorce it is possible to prove through the court that significant changes were made to the improvement of the property at the expense of the spouse, it will be possible to return part of it back.

It is easier to transfer an apartment to your wife while you are married than after a divorce. A gift between legal spouses is formalized without tax, but if a house is given to an ex-wife from a husband, then you will need to pay a fee - 13% of its value.

Contract of sale

Since the husband and wife have common rights to the property, re-registration of the apartment using a purchase and sale agreement will also not take place without delimiting the shares. If for some reason the husband wanted to sell his share to his wife rather than give it as a gift, then he will need to pay all taxes determined by the state for this. The advantage of the sale is that it cannot be appealed.

Required actions to sell an apartment to your spouse:

• prepare certificates;
• draw up a purchase and sale agreement;
• have it certified by a notary;
• sign the parties;
• register the right of the new owner.

Both when concluding a deed of gift and when concluding a purchase and sale agreement, the following documents will be required:

• passports of citizens;
• certificate of marriage or divorce;
• technical and cadastral passports;
• notarized extract from the house register;
• certificate of registration of ownership;
• certificate from the tax office stating that the husband has no debts;
• application from the spouse for the transfer of housing (in case of donation);
• agreement on the transfer of real estate in a married couple (in case of gift);
• consent of other registered in the apartment or minor relatives.

The collected documentation is submitted to the local department of the Office of the Federal Registration Service (UFRS). The standard waiting period is 30 calendar days.

Entry into inheritance

Re-registration of the apartment can be carried out even after the death of the husband. In this case, a correctly drawn up will with the will of the deceased to transfer the property to the widow will greatly simplify the procedure. Then the woman will only need to contact the person who certified the will for a certificate of inheritance.

In the absence of a will, the spouse will enter into rights last, after the husband's parents and children. In any case, the legal wife has the right to claim part of the property. She must officially declare her desire to inherit within six months.

You will need to prepare a package of documents:

• passport;
• death certificate;
• a will (if any) or other certificates proving the right to inherit;
• certificate of last residence of the spouse;
• cadastral documents and a certificate from the technical inventory bureau;
• Marriage certificate.

After receiving the right of inheritance, you can register the property or its share in your name. You need to register with the Federal Registration Service with the widow's passport, an extract from the registration certificate and a document certifying the right to property, and write an application. It will be possible to obtain housing within 30–40 calendar days.

Before entering into inheritance, it is better to familiarize yourself with the husband’s credit history, since debts will also be collected from the wife.

You can transfer an apartment purchased during marriage to your wife using a deed of gift, sale or purchase, or by inheritance. First, shared ownership is designated using a marriage contract or a property division agreement.

Source: https://jurist.lawyer/house/pereoformit-kvartiru-na-zhenu.html

Re-register an apartment for your wife in 2019: purchased during marriage, nuances

› Family law › Marriage › How to transfer an apartment to your wife step-by-step instructions 2019

02/28/2019 751 views

This article will talk about how to re-register an apartment in the name of your wife, what methods are provided for this by law, and how to legally formalize your actions.

When is it necessary to re-register an apartment?

There are many situations in which it becomes necessary to re-register an apartment in the name of a legal spouse, from the banal desire of its owner to please his beloved wife, or his reluctance to share his property with other heirs, to situations where such transactions are made in order to avoid the imposition of any penalties on the apartment for the husband's debts and so on. But, whatever the reasons for re-registration, this can be done legally.

Depending on the period in which the apartment was purchased - during marriage or before marriage, you can choose one of the following re-registration options: signing a marriage contract or an agreement on the division of property, or transferring the apartment under sales or gift agreements.

Marriage contract

An apartment purchased by spouses or one of them during marriage belongs to both of them in equal shares.

However, if the spouses are not satisfied with this state of affairs, and they do not want to equally divide the apartment purchased during marriage during a divorce, it is possible to change this method of distribution of property by using the right to conclude an agreement.

How this can be done:

1 step. Apartment purchase

The documents should be drawn up directly in the name of the spouse, so that later you do not have to re-register ownership. Registration of ownership of an apartment is carried out in Rosreestr. To do this, you need to submit an application in the prescribed form to the relevant authority, pay a fee, and provide an agreement on the purchase of an apartment in three copies.

Step 2. Conclusion of a marriage contract

A marriage contract is concluded between legal spouses and is subject to notarization.

You can draw up such an agreement yourself, including in it all the necessary information and information, including data of the parties (full name, passport data, registration addresses), apartment data (cadastral number, address, area), information that this apartment was purchased during marriage , is recognized as the private property of the spouse, as well as other information that the parties consider important to agree on.

You can entrust the drawing up of the agreement to a notary. To do this, he must provide original passports, marriage registration certificates, as well as documents for the apartment. The notary himself will draw up and certify the agreement.

When concluding a marriage contract, it is worth considering the following important nuances:

1. The contract may stipulate that the apartment will become the property of the spouse in the event of a divorce. Then, before the divorce, it will be jointly acquired property and, for example, after the death of the husband during the marriage, its part will be divided among the heirs.

   Also, an apartment purchased during marriage may be subject to seizures or other sanctions for the husband’s debts, provided that it is not the only home.

2. The agreement may contain a condition that the apartment will already be recognized as the property of the wife during marriage.

3. It will not be possible to conclude a marriage contract on the rights to an apartment purchased during marriage without a notary. The law provides for mandatory notarization of this document, otherwise it will be considered invalid.
4. The husband may change his mind and demand termination of the contract in court.

   To do this, it will be enough for him to prove in court that there are valid grounds for this.

Division of joint property

Many people believe that property can only be divided after a formal divorce. However, it is not. A corresponding agreement can also be concluded while you are married. It is important to know that such an agreement must be certified by a notary.

However, this method is not always suitable for spouses, because according to the agreement, the shares of property to be divided must be equal.

This means that if the parties have agreed that the apartment will become the private property of the wife, then an equivalent property or a sum of money should become the property of the husband.

How to re-register an apartment in the name of a spouse if it was purchased before marriage

One of the most convenient options is a gift agreement. This method allows you to arrange the transfer without taxes.

Step 1. Conclude an agreement in writing

The law does not oblige the parties to notarize it, but does not prohibit doing so on their own initiative.

In order for it to have legal force, it is important to include in it information about the parties who entered into it, information about the apartment that is the object of the agreement (cadastral number, address, area), the rights and obligations of the parties regarding the gratuitous transfer and acceptance of the object of the agreement. The contract must contain the date and place of its conclusion. The agreement is signed by both parties.

Step 2. Register the transfer of ownership

Registration is carried out in Rosreestr. To do this, either party must provide the registration authority with documents: an application in the prescribed form, a receipt for payment of the fee, originals of contracts (in triplicate), the applicant’s passport, as well as a power of attorney if the registration documents are submitted through a representative.

Registration documents can be submitted in person or through a representative directly to Rosreestr, transferred through the MFC, sent by mail, or sent in the form of electronic documents via the Internet.

Nuances:

1. A gift agreement cannot be concluded with the condition that the apartment will pass to the donee after the death of the donor. Such an agreement is considered invalid, since the transfer of ownership of property after the death of the owner is regulated by the rules of inheritance;
2. The donation of an apartment can be canceled by the donor on the grounds provided for by the legislation of the Russian Federation.

Purchase and sale

Sometimes a purchase and sale agreement is concluded between spouses.

This option is also possible, but it should be borne in mind that if the parties do not really plan to make such a compensated transaction, that is, the spouse will not pay the agreed amount of money for it, then this transaction is considered feigned, and if it is recognized as such on legal grounds, it is not will give rise to no legal consequences for its parties.

A will as a way to re-register an apartment in the name of a wife

A will is one of the ways to transfer an apartment into the ownership of a spouse, but it has significantly more disadvantages than other methods discussed in this article:

1. A will can be revoked by the person who made it at any time after it is made;
2. The will may be contested by other heirs, for example, disabled dependents, who by law will have to allocate part of the deceased's property.
3. Property passes to the wife only after the death of the husband. However, none of us can know for sure whose death will come first.

Re-registration of an apartment purchased with a mortgage

We should also talk about apartments bought by husbands with a mortgage. If the debt to the bank has not been repaid, then any actions with this property can only be performed with the written consent of the bank.

Before making a transaction, it is also very important to carefully read the loan agreement to ensure that certain actions are prohibited.

For example, the agreement may directly prohibit the gift of an apartment for which the mortgage has not yet been repaid.

Banks often refuse to re-register an apartment in the spouse’s name for the reason that her income may not be enough to repay the debt. A way out of this situation may be for the spouse to act as a guarantor of the fulfillment of her obligations.

In any case, if the bank confirms its consent to transactions with the apartment, changes will need to be made to the loan agreement.

 Depending on what kind of transaction is planned, it may require notarization or registration with Rosreestr.

Conclusion

Thus, for re-registration of an apartment purchased during marriage, the most appropriate option can be considered to be concluding a prenuptial agreement, and for an apartment purchased before marriage, concluding a gift agreement. The main thing is to be guided by the norms of the current laws of the Russian Federation when making transactions, otherwise they will not be able to give rise to any legal consequences for the parties who entered into them.

How to transfer an apartment to your wife step by step instructions 2019 Link to main publication

Source: https://washepravo.ru/semejnoe-pravo/brak/pereoformit-kvartiru-na-zhenu/

How to re-register an apartment for your spouse

Lately, we have been systematically receiving questions regarding the possibility of transferring ownership of an apartment from one spouse to another. The excitement is due to the fact that the spouses receive a refusal from Rosreestr to register property.

In order to understand the question of how to “correctly” give an apartment to your spouse, it is necessary to establish the legal regime of real estate:

1. The apartment is individually owned by the spouse.

If a spouse acquired the right to housing before marriage, or as a gift from another person or by inheritance, he is the sole owner of the apartment, and in this case he has the right to draw up a “deed of gift” for his wife according to the general rules of gifting to relatives (see here) .

1. If, on the contrary, the apartment was acquired after marriage, it is considered the common property of the spouses ( jointly acquired property ).

The problem is that legally the donor cannot give the item to the owner of the same item. But the donee cannot receive as a gift what he already owns.

That is, before converting an apartment from joint ownership to individual ownership, it is necessary to determine the shares.

If there was joint property, or even if the property was registered in the name of one of the spouses, then it is necessary to transfer the property into shared ownership, and only then the owner can dispose of his share.

But what to do if the spouses decide to re-register the apartment, which is in joint ownership, to one of the spouses?

Depending on the client’s preferences, our lawyers implement three schemes for re-registration of property in the name of a spouse:

1. Determination of a share in an apartment with subsequent donation.

Algorithm of actions:

— the spouses enter into an agreement to determine the shares in the right of joint ownership, after which each spouse becomes the legal holder of ½ of the right of ownership of the apartment. The said agreement is registered by a notary.

As follows from the established judicial practice (ruling of the Supreme Court of the Russian Federation dated November 24, 2015 No. 18-KG15-203, Appeal ruling of the Moscow City Court dated July 28, 2015

in case No. 33-25275/2015, Letter of the Ministry of Economic Development of the Russian Federation dated March 18, 2016

No. OG-D23-3321), the cost of notarization is slightly higher than executing a marriage contract through a notary.

— generate a set of documents, including three copies of the above-described agreement, a receipt for payment of the state duty (you can pay at the MFC), Russian Federation passport of the parties to the transaction, an extract from the house register for the property and other necessary documents (depending on the specific case). The specified documents are submitted to the MFC or the Rosreestr Office. Since 2017, you can submit documents to any MFC, regardless of the location of the property. You will be given a receipt regarding the submitted documents, which will indicate the deadline for receiving registration documents;

- after this, you enter into an agreement of donation of ½ share from one spouse to the other. The contract requires mandatory notarization.

— again, create a set of documents, including three copies of the above-described agreement, a receipt for payment of the state duty (you can pay at the MFC), Russian Federation passport of the parties to the transaction, an extract from the house register for the property and other necessary documents (depending on the specific case). The specified documents are submitted to the MFC or the Rosreestr Office. Since 2017, you can submit documents to any MFC, regardless of the location of the property. You will also be given a receipt indicating the documents submitted, which will indicate the deadline for receiving registration documents.

— expect 7-9 days, in some circumstances more;

— you receive an extract from the Unified State Register with data according to which the donee is the owner of the apartment.

Attention! Due to changes in legislation, a certificate of ownership is not issued.

• The disadvantage of this approach is that you will have to carry out two transactions, and if the drafters do not formalize them correctly, there is a high risk that the registration of the transfer of ownership will be delayed.
• In practice, it is possible to make a division of a share and a donation in one action, but this is possible, as a rule, only with the help of professional registrars.
• For example, with the help of our company.

1. Agreement between spouses on the division of jointly acquired property.

1. The diagram looks like this:
2. — spouses sign an agreement on the division of jointly acquired property, according to which the common property is redistributed between them;
3. — this document is certified by a notary;
4. — a set of documents is submitted to the MFC or the Rosreestr Office;
5. - expect;
6. — receive an extract from the Unified State Register with data according to which one of the spouses is the owner of the apartment.

The disadvantage of this approach is that the division agreement implies a certain balance, that is, in order to recognize one of the spouses as the owner of the apartment, it is necessary that the other be assigned equal property (for example, a dacha, a country house, an expensive car). Otherwise, the transaction may be recognized as enslaving, that is, clearly unfair for the party and, as a result, the apartment may again become common property.

1. Re-registration of an apartment using a marriage contract.

• The order is as follows:
• — drawing up a marriage contract, which indicates who will be the sole owner of the apartment (one of the spouses);
• — certification of the marriage contract by a notary;
• — submission of documents to the MFC/Rosreestr (see how this is done in paragraph 1);
• — waiting for registration;
• — obtaining an extract from the Unified State Register with data according to which one of the spouses is the owner of the apartment.

The advantage of the latter method is its reliability and relative cheapness (notaries charge a certain fee for certifying marriage contracts). According to the law, this is 500 rubles (clause 10, clause 1, article 333.24 of the Tax Code of the Russian Federation), but notaries also charge for technical work. As a result, in Moscow we have not seen prices less than 10,000 rubles.

According to the position of the Supreme Court, you become the sole owner of the apartment under a marriage contract immediately after the notarization of the contract. Whereas, as a general rule, property gives rise to an entry in the register. However, you will still have to register the transition.

1. Our lawyers will analyze your specific case and apply the most effective method.
2. Cost of services:
3. — drawing up a Marriage Agreement – ​​7,000 rubles;
4. — drawing up an agreement on the division of property – 7,000 rubles;
5. — drawing up an Agreement on determining shares – 5,000 rubles;
6. — drawing up a Donation Agreement – ​​5,000 rubles;
7. — registration of the transfer of ownership, if the object is in Moscow - 10,000 rubles, in the near Moscow region - 15,000 rubles.

Source: https://www.sud.ru/vopros-otvet/realty/vopros-otvetrealtyvopros-otvetrealtykak-pereoformit-kvartiru-na-supruga-v-2017-html-html.html

How to transfer an apartment to your wife and do it correctly - all the nuances of the procedure

•  Designed by rawpixel.com / Freepik
• The need to transfer an apartment owned by the husband to the wife arises when the union is dissolved, the man is ill, receives real estate as an inheritance, or other circumstances.
• Despite the apparent complexity of the procedure, the question of how to re-register an apartment in the name of a wife can be resolved quite simply.

Methods for re-registration of housing in the name of a spouse during the period of a registered union

The first method is to conclude a prenuptial agreement. This method is implemented in accordance with Art. 34 RF IC. Partners who have signed the agreement can establish different ownership regimes (equity, joint, separate).

In addition, the legislation directly states that spouses have the right to enter into a contract both for the property at the couple’s disposal and for that which will appear in their future.

In accordance with the indicated norm, spouses have shares in jointly acquired goods; the husband can transfer his share in favor of his other half.

Such an operation can be performed by deed of gift. This is done through the formation of a deed of gift.

A gift agreement presupposes the legal capacity of the parties signing it. It must be certified by a notary and registered. If this is not done, the document will not have legal force.

The second way is to sign a value sharing agreement. This method is applied in accordance with Art. 38 RF IC. Common benefits are divided between partners by prior agreement.

The contract for the division of valuables is also notarized. The paper defines the parts of each spouse in their possession. The right to a share is transferred through the donation procedure.

Is it possible to sell your apartment to your wife?

Many couples are thinking about resolving the issue of transferring property by concluding a purchase and sale agreement.

Unfortunately, the legislation does not regulate this procedure. The issue requires an individual solution. However, based on the fact that real estate purchased during marriage is classified as jointly acquired property, it is simply impossible for the husband to sell his share to his wife.

How is housing re-registered in favor of the ex-wife?

If the marriage between the partners was dissolved, then the man can transfer the property to his ex-wife through its sale. In addition, after a divorce, the spouse has the right to donate an apartment without receiving compensation for it.

Important! When drawing up a gift agreement, the parties can do without paying taxes

Do not forget that a document involving a gratuitous transfer of ownership rights from one party to another must be certified by a notary

Procedure for transferring rights to a share in an apartment to a wife?

If the real estate is in joint shared ownership of partners, then the size of the parts owned by the spouses is established by agreement or in accordance with the general procedure (equal). In this case, the apartment can be transferred to the woman through a gift or by concluding an agreement on the regime of property acquired by the couple.

Documents concluded on a voluntary basis between partners must be registered with Rosreestr.

The agreement stipulates the transfer of ownership of the husband's share in favor of the wife. After completing the procedure, the wife receives a certificate of the right to sole ownership of housing.

Important! The allocation of shares in real estate allows you to freely divide property between spouses exactly as they wish to do it.

The procedure for re-registering a house from one partner to another

Re-registration of real estate is carried out through the conclusion of a gift agreement. In accordance with Art. 15, 16 Residential Complex of the Russian Federation, the house is classified as real estate. Accordingly, the procedure for transferring rights to the designated property is carried out in a manner similar to an apartment.

However, individual housing has its own nuances that must be taken into account.

The wife owns half of the residential building. Accordingly, it is not possible to give her housing due to the lack of information about the part of the building that belongs to each of the spouses.

To complete the operation, you will have to enter into an agreement on the division of housing and donation of the part belonging to the spouse. By the way, documents can be generated separately or combined into a common one.

The deed of gift must contain the following main points:

• information about the item in respect of which the transfer is being made (reflects a building, land plot, structures);
• address of the housing location;
• number of storeys;
• the material from which the object is built;
• square;
• number in accordance with cadastral documents.

What to do if housing is purchased with a mortgage?

When receiving a loan from a credit institution for the purpose of purchasing real estate, the partners are equally debtors, acting as co-borrowers. Therefore, any operation with an apartment (house) must be carried out with the consent of the bank.

An organization can legally refuse to complete a transaction. This occurs due to the limited financial capabilities of the spouses individually. If the debt falls on the shoulders of one of the partners, the bank may face the risk of non-payment of the loan.

If the transfer of property rights to the wife is approved, the spouses must enter into an agreement by mutual consent. In addition, amendments to the mortgage agreement will be required.

Important! Deprivation of property rights to housing by a husband entails the transfer of his obligation to pay the debt to his wife

If the partners choose the option of dividing property in shares, then the debt will be divided in accordance with them. In this case, the consent of the credit institution will not be required. However, the document on the allocation of shares in real estate must be certified by a notary.

What documents are required to re-register housing in the name of a spouse?

Before transferring housing from husband to wife, partners need to take care of the following documents:

• passports of both spouses;
• an excerpt from the registration book certified by a notary;
• documents containing cadastral and technical information about real estate;
• certificate confirming ownership;
• contract of sale;
• an agreement according to which the rights to housing are transferred from husband to wife;
• a document confirming the registration of the union or its dissolution;
• application of the spouse to obtain the right to own the object;
• gift agreement.

A package of documents will need to be submitted to the Federal Registration Service at the place of residence of the partners. Re-registration of the apartment will not take more than one month.

Conclusion

Thus, the transfer of an apartment from a spouse to his significant other is carried out through a donation, sale or conclusion of a voluntary agreement between the parties.

The easiest way is to draw up a marriage contract.

In order to make a competent transaction between partners, they are recommended to use the services of a notary who will help to correctly re-register the property. In this case, the transaction will be recognized as completed, and the securities will acquire legal force.

Source: https://semyahelp.ru/semejnoe-pravo/brak/kak-perepisat-kvartiru-na-zhenu-i-sdelat-eto-pravilno-vse-nyuansy-procedury

How to re-register an apartment for your wife in 2019: purchased during marriage, without taxes

In the lives of citizens, situations may arise when it is necessary to re-register property in the name of relatives. The most common is the re-registration of ownership of real estate between spouses. Many men are interested in the issue of re-registering an apartment for their wife. To do this, you need to know the intricacies of the procedure.

Ways to re-register an apartment during marriage

If real estate was purchased before the marriage was registered, then they are the personal property of one of the spouses. If you purchase housing after marriage, the apartment becomes the joint property of the couple. The method of re-registration will depend on the time of purchase of housing.

Transfer of housing under a gift agreement

In order to avoid further difficulties in challenging the right of ownership, the husband should draw up a gift agreement. In accordance with its terms, the wife becomes the owner of her husband's share. With the help of a deed of gift, you can transfer ownership of an apartment to your spouse without taxes. None of the parties to the transaction must pay taxes to the budget when registering a deed of gift.

When preparing a deed of gift from a husband to a wife, the following steps will be required:

• preparation of the necessary documentation package;
• writing a gift agreement (husband and wife can use a standard form);
• notarization of the transaction;
• state registration of real estate for the new owner in Rosreestr (without registration, the transaction is considered incomplete).

Transfer of ownership rights under a purchase and sale agreement

You can transfer residential real estate to your wife through a purchase and sale transaction. This method of transferring property will help you return 13% of the price of the sold home. The transaction is completed as follows:

1. Initially, it is worth preparing a certain package of documentation;
2. then the contract is drawn up;
3. signing and certification of the transaction by a notary;
4. registration of state registration in Rosreestr.

It is possible to transfer ownership of residential real estate to a spouse by concluding a purchase and sale transaction only if the living space was purchased before the marriage was registered.

Since if a husband wants to sell his wife an apartment purchased during marriage, this will mean that he is selling the housing to himself.

After all, real estate acquired after the registration of a marriage relationship is joint property.

Conclusion of a marriage contract

Based on the norms of family law (namely clause 1 of Article 34), when concluding a marriage contract, spouses can determine separate, joint or shared modes of ownership of real estate. The clauses of the contract may provide for the ownership of both property already acquired and that which will be received in a future period.

In accordance with the norms of the RF IC, if spouses have determined a shared ownership regime for an apartment, then in the future one of them has the right to give his share to his partner. The procedure can be documented using a deed of gift. In this case, the donor must be legally capable, otherwise the transaction will be considered invalid.

The marriage contract is signed by a notary, after which it is registered in the notary database. The ownership itself also requires state registration; without it, the transaction will not be considered valid.

Drawing up an agreement on the division of real estate

Based on paragraph 2 of Art. 38 of the RF IC, the common property of a married couple can be divided between partners by drawing up an appropriate agreement. The document requires mandatory notarization. Without it, the agreement will not gain legal force. The agreement specifies the shares of each spouse in the housing acquired after registration of the marriage relationship.

Further, to transfer his share to his wife, the husband can draw up a deed of gift. After the spouse registers her ownership, she will become the sole owner of the apartment.

Transfer of property to ex-wife

Being married, the husband cannot sell the jointly acquired apartment to his wife. But after the divorce is registered, the execution of the purchase and sale transaction will become legal.

Also, the apartment can be transferred into the ownership of the ex-wife under a gift agreement. In this case, it must be certified by a notary.

Re-registration of a share in an apartment to the wife

For jointly acquired property, the law establishes a joint ownership regime for spouses. In the absence of an agreement, the allocation of shares is carried out only in the event of a divorce. When drawing up an agreement on the division of property, the share of each of them is fixed in the document.

To further transfer his share to his wife, a man can draw up a deed of gift. Also, in the agreement on the division of property, you can indicate the appropriate mode of ownership of the apartment. To do this, the document must contain a clause according to which the man’s share passes to the wife.

Re-registration of a mortgage apartment

If a mortgage loan was taken out by a married couple, then each partner acts as a co-borrower. To transfer ownership rights from husband to wife, you will need to obtain permission from a credit institution.

Spouses may be refused if the wife's income is not enough to make monthly loan payments. If the credit institution has approved the re-registration of property rights, then the spouses can begin collecting and re-registering housing by mutual agreement. Corresponding changes must be made to the mortgage loan agreement.

A clause is included in the agreement that exempts the spouse from monthly repayment of mortgage debt. But at the same time, he is deprived of the right of ownership of the housing purchased with a mortgage loan.

There is a simpler option for dividing mortgage housing. A married couple needs to enter into an agreement on the division of real estate.

In accordance with the provisions of the document, each spouse becomes the owner of a certain share in the apartment and is obliged to repay the mortgage loan monthly in accordance with the size of the share.

To draw up such an agreement, permission from the banking organization is not required.

But in order for the agreement to gain legal force, you will have to contact a notary.

Documentation for re-registration of property rights

To complete a transaction to transfer real estate from a husband, a wife should prepare a standard package of papers:

• civil passports of the parties to the transaction;
• marriage or divorce certificate;
• registration certificate of the residential premises;
• deed of gift for living space or purchase and sale agreement;
• extracts from the fiscal authority confirming the absence of tax debt;
• cadastral documentation;
• marriage contract or agreement on division of real estate;
• title documentation for real estate;
• information about citizens registered in the apartment, certified by a notary;
• application from the husband to transfer property to his wife.

Depending on the situation, additional documentation may be required. After submitting a package of official papers to Rosreestr, ownership will be issued within 30 days. After this, the wife can pick up a document from a government agency confirming her right to own housing.

If you want to find out how to solve your particular problem, please use the online consultant form below or call :

Source: https://pravovoiexpert.ru/razdel-imushhestva/pereoformit-kvartiru-na-zhenu/

What is the easiest way to transfer an apartment to your wife?

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Lawyer Natalia Shulepova answers:

To issue a full-fledged conclusion, you need to know your basis for ownership - inheritance, purchase and sale, privatization.

If the apartment belongs to you by inheritance or privatization, then this object is not the common joint property of the spouses, and, accordingly, a marriage contract is not drawn up. A simple written, non-notarial gift agreement is drawn up, which is subsequently subject to state registration in Rosreestr.

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If the apartment belongs to you under a purchase and sale agreement, then you need to know the following: the property was acquired before marriage or during marriage.

If before marriage, then this object is not the common joint property of the spouses and a marriage contract is not drawn up.

In this situation, the actions of the spouses are to draw up a simple written, non-notarial gift agreement, which is subsequently subject to state registration in Rosreestr.

If the apartment belongs to you under a purchase and sale agreement and the property was acquired during marriage, then this object is the common joint property of the spouses. Accordingly, the wife, by virtue of Art. 34 of the Family Code of the Russian Federation, owns ½ share in the apartment.

In this case, you can draw up a marriage contract, which stipulates that it applies to the period of acquisition of real estate, and indicates in it that the apartment is the property of the husband.

After this, a simple gift or sale agreement is drawn up again, which is subsequently subject to state registration in Rosreestr.

You can enter into a notarized agreement on the division of the property of the spouses, where it is determined that the spouse owns ½ share. After that, register this agreement in Rosreestr, and only then draw up a notarized agreement of donation of ½ share from you to your wife and again register this agreement in Rosreestr.

The managing partner at the Zagorodny Stil real estate agency, Petr Manko, answers:

The wording “sole owner” sounds vague and does not allow you to understand whether this apartment is your individual property or joint property with your spouse.

To do this, you need to clarify: at what point (in marriage or before marriage with your spouse) and on what basis did you become the owner of this apartment (inheritance, donation, purchase, participation in shared construction, etc.).

If you became the owner of this apartment during your marriage with your spouse on the basis of a paid transaction (that is, you paid for the apartment from the general family budget), then this apartment, despite the fact that it is registered in your name, is joint property of the spouses.

To register it in the name of your spouse, it is enough to conclude an agreement on the division of the spouses’ property and submit it for registration with Rosreestr (through the MFC) - this is, as a rule, the most common option. An alternative option is to conclude a marriage contract in relation to this particular apartment.

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Answered by the General Director of Legal Center “Chernyshov and Partners” LLC, Ph.D. n. Sergey Chernyshov:

The fact is that the MFC is right. Modern legislation clearly defines the property regime of spouses and is that in the event of a divorce, all property acquired during marriage is divided in half.

Therefore, if you simply give an apartment to your wife by registering a deed of gift through a notary, then such an apartment will also be considered jointly acquired property, and the wife will not be sure that in the event of a divorce she will get the apartment. The spouse will have full rights, even if he formalizes a donation of a 50% share in the apartment.

However, if you follow the advice of MFC employees and draw up a marriage contract, you can thereby protect your spouse from subsequent division of the apartment. I strongly recommend concluding a prenuptial agreement, which stipulates who will receive what property after the divorce, and is certified by a notary.

If you also want to transfer ownership rights to your spouse, then, of course, you will additionally need to draw up a deed of gift.

The lawyer of the development group "City-XXI Century" Vasily Sharapov answers:

The answer to the question depends on how and when the ownership of the apartment was acquired. This is necessary to establish the legal status of the housing. The apartment is completely the private property of the husband if:

• private ownership of it was acquired by the husband before marriage;
• the apartment was given to the husband during the marriage;
• the apartment was inherited by the husband during the marriage;
• the apartment was legally privatized by the husband during the marriage without the wife being registered in the apartment.

In these cases, the apartment is considered by law to be the private property of the husband, and he has the right to give it to his wife under a gift agreement. This agreement can be drawn up and signed either with the participation of a notary, or without notarization. You don't need a prenuptial agreement for this.

If the apartment was purchased during marriage, then in the absence of a marriage contract it is considered the common joint property of the spouses by law. In this case, in order to donate your rights to the apartment, you and your wife need to enter into an agreement on determining the shares in the common ownership right, and then register the right of common shared ownership.

For example, ½ share for the husband and ½ share for the wife. After this, the husband’s share in the apartment can be donated by the husband to the wife under a gift deed.

We are buying an apartment in my wife's name. Do I need my husband's notarized consent?

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Lawyer and real estate expert Svetlana Kirillova answers:

The fact is that if the apartment was purchased during the marriage, it is automatically the joint property of both spouses, even though the certificate indicates one owner. If the apartment was purchased before marriage, there are no problems: a gift agreement is concluded, registered with Rosreestr and ownership passes to the other spouse.

Until 2017, it was possible to draw up a gift agreement between spouses, having previously determined the shares of each spouse in the property right. According to the law, joint property of spouses requires equal shares. One spouse gave his share to the other spouse, and, accordingly, the entire apartment became the property of the donee.

Now all transactions with shares in ownership must be notarized. That is, the gift agreement is drawn up only by a notary. A prenuptial agreement is one of the types of determining the owner of property acquired during marriage. A marriage contract can be concluded in relation to one apartment or immediately determine which of the spouses owns what property.

It turns out that in the case of transferring an apartment between spouses, you cannot do without a notary. It is up to the owner to decide what type of agreement to draw up - a gift or a marriage contract.

The MFC is only an intermediary between citizens and government agencies. They do not draw up contracts or register them.

Yulia Dymova, director of the Est-a-Tet secondary real estate sales office, answers:

Your personal property will be considered to be that real estate that was inherited, donated, or acquired by you before marriage. Other property acquired through a transaction for compensation during the marriage is common joint property.

It may well be that when contacting the MFC, the employee will see that the spouse is not the title owner of this object, that is, formally she has rights to the object that are not documented.

In your case, the best option would be to conclude a prenuptial agreement, since thanks to this you can redistribute real estate between spouses at your own discretion.

• Text prepared by Maria Gureeva
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The articles do not constitute legal advice. Any recommendations are the private opinion of the authors and invited experts.

Source: https://www.domofond.ru/statya/kak_prosche_vsego_peredat_kvartiru_svoey_zhene/7228