Can I give an apartment to a minor? A question of this type arises more and more often among parents and other relatives of children. And there are reasons for that. They are justified by the characteristics of gifts in Russia. Next, we will talk about how to draw up a gift agreement in a particular case. Can this be done at all if the procedure involves children? How is the disposition of the property received? If you look at all this, the initial task will cause minimal problems.
The gift is ...
Can I give an apartment to a minor child? To begin, consider a few key points related to gifts. Otherwise, the transaction may not live up to expectations.
A gift contract is an agreement on the transfer of rights to a property on a gratuitous basis during the lifetime of the former owner. This means that the donor does not have the right to demand money or any services for the transaction. If this happens, the transaction is invalidated, after which it is canceled.
The agreement is subject to mandatory state registration, especially when it comes to donating real estate.
Features of the contract
Donations in Russia are increasingly common. They allow people to transfer property to each other in life.
As already mentioned, this type of transaction has a number of its own characteristics. Among them are:
- The ability to cancel the gift. This can only be done under certain circumstances. Just to withdraw the gift will not work.
- Instant transfer of rights to property to the donee. After the transaction is concluded, the former owner of the property immediately loses ownership of the apartment.
- Recognition of a gift as a personal property of a citizen. This item is extremely useful for persons in a marriage. A donated apartment will not be shared when the spouses are divorced. It will go to the initially donee.
In addition, there is no need to wait for the donor to die. But can I give an apartment to a minor child? And part of the real estate? We will understand this further.
The legislative framework
In fact, everything is simpler than it seems. Enough to study the current rules for conducting transactions involving children.
To begin with, minors under the age of 14 under the Civil Code of the Russian Federation cannot independently conclude transactions. Up to this point, the legal representatives of the babies either participate in the operations, or the corresponding procedures are not carried out at all.
Children after 14 years old can independently participate in some legally significant processes with the permission of legal representatives or authorized bodies.
As soon as the child turns 18 years old, he becomes fully capable. In this case, donating is the easiest. But we will not consider this type of transactions.
Can I give an apartment to a minor child? Based on the foregoing, a positive response follows. Only the deal will be burdened with additional paperwork. In particular, if you want to rewrite an apartment for a baby up to the age of 14.
The main conditions of the transaction
Now we will study the conditions that must be observed when performing the mentioned operation. If they are neglected, the court shall recognize the gift void. Therefore, it is better to protect yourself, the child and property in advance.
To date, put forward the following conditions for donating an apartment to a minor:
- The donor must be the landlord. If the property still has owners, their consent will be required for the transaction.
- The procedure should be free. This has already been said.
- If the recipient of the property is a child under the age of fourteen, you will have to obtain parental consent for the gift. It is advisable to enlist the support of guardianship authorities. Usually donating property to a minor rarely causes disapproval of “custody”.
- When making an operation involving a child over 14 years old, parental approval for the procedure can be dispensed with. A minor has the right to independently participate in a gift.
Perhaps this is all. Giving an apartment to a minor child in Russia with proper preparation does not cause significant difficulties. Especially if you prepare for the transaction in advance.
Without the consent of the second parent
Sometimes it happens that the couple divorces, despite the presence of common children. In such circumstances, the gift transaction may be difficult. Why?
This is due to the fact that citizens must necessarily get permission from both parents of the child for the operation until a certain point. Is it possible to give an apartment to a minor child without the consent of the father?
Yes, but this is not always easy. Here are the scenarios in which the approval of the second parent for the donation is not required:
- a person gives a personal or premarital apartment;
- father deprived of parental rights;
- a citizen is hiding from paying alimony;
- it is impossible to determine the current residence of the second parent;
- the child’s dad has died or was declared dead / missing;
- the second parent is legally incompetent;
- the man was deprived of parental rights.
As a rule, if the father conscientiously fulfills his parental obligations, he will not interfere with giving the apartment. This act is often carried out in the interests of the child.
If the pope is still against receiving his child’s apartment or her share, you can go to court. Most likely, the judge and the guardianship authorities will satisfy the claim and allow the transaction.
Important: if we are talking about issuing a gift for a child over 14 years old, you can do without paternal / maternal approval.
Quick guide: we issue a gift certificate for an apartment
Can I give an apartment to a minor child in Russia? Yes, and to do this is not always difficult. In most cases, there will be no problems.
The step-by-step process of registration of the gift can be imagined as follows:
- Prepare documentation for concluding a deed of gift. Possible help packages will be reviewed later.
- Obtain parental consent for the transaction. If possible, it is best to enlist the support of guardianship authorities.
- Make a gift agreement. We will talk further about how to do this.
- Sign an agreement on the transfer of ownership of the apartment to the child under a gift agreement.
- Carry out mandatory state registration of the agreement, having paid the transaction fee in advance.
- Renew housing rights in the State Register. This process is also to be found below.
That's all. With proper and timely preparation, issuing a gift certificate under any circumstances is a minimum of trouble.
The main package of documents
In order to donate an apartment to a minor child, it is required to prepare a number of certificates. Which ones? It is definitely impossible to answer. It all depends on the specific case.
Among the mandatory securities for formalizing a gift transaction are:
- donor's passport;
- donation agreement;
- USRN statement for housing;
- birth certificate of a minor recipient.
This is usually not enough. Therefore, we will further consider other certificates appearing during the execution of a gift for an apartment for a minor.
Other statements
An apartment donation agreement between close relatives is a deal that provides for many advantages. For example, after receiving the property you do not need to pay taxes. Regardless of who the donor of the property, citizens have to prepare a lot of certificates to translate ideas into reality.
In addition to the previously listed references, the execution of a donation agreement involving a child includes:
- permission from both parents / guardianship authorities for the transaction;
- the consent of all property owners to manipulate the property;
- passport of the parent representing the interests of the child during the operation;
- permission of the spouse to donate the apartment or its share;
- prenuptial agreement (if any);
- identity card of a minor (implies a civil passport);
- court decision allowing a donation operation;
- certificates confirming close relationship with the donee;
- extracts confirming the fact of marriage or divorce of the donor;
- title deeds for real estate.
In some cases, it is recommended to prepare a medical report on the mental health status of the current owner of the property. This will help secure the transaction if someone decides to cancel it due to the donor’s incapacity.
Important: if the second parent was deprived of parental rights, it is necessary to attach the relevant evidence to the donation. This technique will save you from unnecessary questions.
Do I need a notary
Very often, apartment donation agreements between close relatives and other persons are registered at notaries. Is it obligatory to do so? Or can you do without a notary?
According to the law, real estate donation agreements are subject to mandatory state registration. Notarization at the conclusion of the transaction is not required. So, you can do without the services of an authorized person.
In real life, it is recommended not to neglect the services of a notary. The relevant person will help to draw up a competent sample of the gift agreement and confirm the legality of the operation. Therefore, contacting a notary public is desirable.
About state registration
"I want to give my son an apartment - what to do for this?" - Similar questions are found in various legal forums and are actively asked by experienced lawyers. Now it’s clear how to donate real estate to a child.
As we have already emphasized, in order to complete the procedure, it is required to register the agreement with the State Register. Most often this is done through the MFC or a notary public with a corresponding license.
To implement the idea, you will have to bring the previously listed packages of documents, then pay a service fee and wait for the registration of the agreement. All actions for children under 14 years of age are carried out by their legal representatives.
Registration cost
How much does it cost to make a gift? Such a question worries not only people who decide to rewrite the apartment for children.
Notarial certification services are different. On average, a citizen will have to pay about 1000 rubles per transaction. It is recommended to clarify more accurate information in the selected notary office.
How much does it cost to make a gift without a notary? If we talk about the state fee for the transfer of property rights, the transaction will cost 2,000 rubles. So much is the size of the payment when registering agreements on the transfer of property rights between individuals.
How to reissue rights in the State Register
The final stage of registration of the gift is the registration of property rights to the apartment. It is not as difficult as it seems at first glance. You can apply for service at the local department of Rosreestr or at the MFC.
A citizen will need to fill out an application for amendments to the State Register database, enclosing the following papers:
- deed of gift;
- birth certificate of the recipient child;
- identity card (own and child from 14 years old);
- USRN statements for housing.
This will be enough. After 5 days, you can return to the registration authority and collect the certificate of ownership of the apartment.
Important: since 2017, the mentioned paper has not been issued. Now, instead of the certificate, a USRN statement is issued in the established form.
How to write a gift
How to make a competent sample gift contract? To do this, just contact a notary public. An authorized person will help to cope with this task in a few hours.
To write a deed of gift on your own, you will need to follow the rules of conducting business correspondence. The document indicates:
- F. I. O. of the giver and donee;
- information about the representative of the minor;
- information about the apartment, which is issued as a gift;
- conditions for declaring a transaction invalid and its cancellation;
- situations in which it is possible not to comply with the clauses of this agreement;
- data on third parties registered in the apartment.
Conclusion
Is it possible to give a share in an apartment to a child? Yes, and this will have to be done according to the principles indicated earlier. Therefore, there should not be significant difficulties.
We got acquainted with the process of registration of gifts for children. Now everyone can cope with this task without much hassle.
Important: until the child reaches the age of 18, he will not be able to dispose of his property in full. The right of trust will be issued to the parents of the minor.