Agreement for donating a share of an apartment to children

Peculiarities of drawing up a gift agreement for a minor

According to Art. 21 of the Civil Code of the Russian Federation, people acquire full legal capacity upon reaching the age of majority. Until this moment, any transactions with children are carried out with the participation of their parents or other legal representatives.

The exception is marriage before the age of 18, when this is permitted: in this case, the person becomes fully capable.

Until the age of majority, the legal capacity of children is limited, and therefore it is necessary to take into account some features of registering a deed of gift for them:

• a child from 14 to 18 years of age has the right to sign documents independently, but will need notarized parental consent;
• if the gift is not real estate and the agreement is not subject to state registration, and notarization is not required, children have the right to independently act as recipients;
• any transactions and transfer of gifts to children under 18 years of age are carried out only with the participation of parents.

Briefly: drawing up a gift deed (hereinafter referred to as DD) for a child is practically no different from a deed of gift for an adult. It is enough just to take into account the age characteristics of the recipient. The consent of the guardianship authorities is not required for the transaction, because Here, minors do not alienate property, but acquire it.

Complete the survey and a lawyer will share a plan of action for a gift agreement in your case for free.

Subtleties by age

The procedure for registering a deed of gift differs somewhat depending on the age of the recipient:

• before the age of 14, the gift agreement for children is signed by representatives and their stay is not mandatory (Article 28 of the Civil Code of the Russian Federation);
• from 14 to 18 years of age, a minor has the right to undertake manipulations with the written approval of adults. The signatures of both the recipient and his benefactor are affixed to the corresponding document. The text of the agreement indicates the approval of the legal representative for the procedure.

An exception to the general requirements is the entry into full rights of an adult at the age of 16.

This is possible if:

1. The teenager is officially employed and provides for his own needs.
2. Entered into a marriage union.
3. He became self-employed and runs a successful business.

In addition, there is an exception for individuals eligible for registration. Thus, according to Article 185 of civil legislation, it is allowed to issue a power of attorney to carry out actions to the principal on behalf of a young individual.

Form of gift agreement for a minor

In Art. 574 of the Civil Code of the Russian Federation specifies two forms of DD – oral and written. A deed of gift on paper is required if it contains a clause promising a gift in the future or if real estate is transferred as a gift. Also, the DD is drawn up in writing if the donor is an organization and the value of the gift exceeds 3,000 rubles.

In other cases, an oral form is sufficient. Such a transaction comes into force and is considered fulfilled from the moment of transfer of keys, things or documents of title to them to the donee. Written parental consent is not required for oral donation.

How to issue a deed of gift for an apartment for a son (daughter)?

How to draw up a deed of gift for a dacha?

Sample gift agreement for a minor child

• identification documents of the donor, his spouse (if any), the donee and his representatives;
• a marriage certificate and a notarized application from the donor’s spouse for the alienation of property or a statement from the donor about the absence of a marriage at the time of his acquisition of the property;
• title documents for the transferred property;
• confirmation from the tax service that there is no debt on tax payments (on property);
• assessment report;
• permission from the guardianship and trusteeship authorities (if the interests of minor children who are co-owners of the proposed gift are affected).

Full entry into ownership of the transferred property after receiving a document on state registration may be postponed for a specified period or until the occurrence of a certain circumstance. In this case, the corresponding mark on the encumbrance is placed in the certificate.

We recommend reading: What Documents You Need to Collect When Buying an Apartment

What can you give as a gift to a child?

According to a written DD, a minor can be given any gift: real estate, land, car. For a car, an oral transfer of keys and making changes to the title is enough, but many people prefer to draw up everything on paper.

Legal advice: it is better to issue a written deed of gift, even if this is not required by law. This approach will reduce the likelihood of challenging the transaction and protect the interests of both parties.

Elena Plokhuta

Lawyer, website author (Civil law, 7 years of experience)

Let's consider the features of giving different gifts in detail.

House or apartment

If the donor owns a house, he has the right to give it to the child. It is important to take into account that the alienation is carried out together with the land plot on which the housing is located. It will not be possible to give a separate house without land - these objects are inseparable.

An apartment owned by the donor can also be donated in favor of a minor.

Land plot

If the donor owns a plot of land, he has the right to give it as a gift to the child.

Together with the land, all objects located on it are alienated: buildings, structures, structures, etc.

House share and plot

If the house is in shared ownership, you can donate your share to a minor along with part of the plot.

You do not need to obtain the consent of the other owners, but the DD will have to be certified by a notary.

Share in an apartment

A share in an apartment, as in a house, can be donated under a deed of sale without the consent of the other owners. An exception is the acquisition of real estate by spouses during marriage: even if the donor’s spouse is the recipient’s parent, consent will have to be obtained (Article 35 of the RF IC).

The spouse's permission to alienate property will not be needed if there is a marriage contract, according to which the donated property is owned by the donor.

Important! Before donation, the share in the property right must be allocated. Despite the fact that the spouses own common property in equal parts, there is no actual division. The share is allocated by agreement, then the changes are registered in Rosreestr. Only after this can a gift deed be issued for the child.

Automobile

You can give a car to a minor and register it in his name. This is usually done to avoid paying transport taxes and fines. But such actions are wrong: according to the law, the interests of the child are represented by the parents, therefore, tax obligations are assigned to them. For non-payment, the Federal Tax Service may hold you accountable and oblige you to pay a fine.

With fines for traffic violations, everything is simpler: if they were recorded by a camera, you won’t have to pay. If a traffic police officer notices non-compliance with the rules, a protocol is drawn up indicating the specific violator - it is he who will pay for everything.

If a donor wants to give a car to a child as a gift, you can draw up a written DD or enter into a deal verbally by simply handing over the keys to the child’s parents and adding the minor as the new owner to the title.

Garage

A garage is classified as real estate, and the same donation rules apply to it as for an apartment or house. The DD must be drawn up in writing and registered with Rosreestr.

If the garage is located in a cooperative, any transactions with it are possible only after making the last share contribution.

Are you tired of reading? We’ll tell you over the phone and answer your questions.

Who has the right to act as a donor?

There are three requirements for the donor: age of majority, full legal capacity and ownership of the gift. If we talk about family ties with the donee, then both relatives and strangers have the right to act as a donor.

Note! Regardless of who the donor is to the minor, it is strictly necessary to obtain parental consent for the transaction of a child aged 14 to 18 years. The mother and father, or one of them, and the other gives consent, participate in the donation on behalf of a child under 14 years of age.

Mother or father

A father or mother has the right to give any thing to their common child. If the donated property was acquired during marriage, you must obtain the notarized consent of the spouse.

This rule applies only to spouses in a registered marriage. If the recipient is being raised by a single mother and there is a dash in the “father” column, there is no need to obtain permission from the biological parent.

Close relatives

According to Art. 61 of the RF IC, parents are guaranteed equal rights and responsibilities for their children, therefore, if the donor is a close relative, and the interests of a child under 14 years of age are represented by one of the parents, notarized consent to the transaction will be required from the second.

Third parties

Third parties mean strangers who are not close relatives. They have the right to give any valuables with the consent of the child’s parents or guardians.

Legislative regulation of the issue

According to clause 2. Art. 17 of the Civil Code of the Russian Federation, from the moment of birth, all citizens are assigned legal capacity, implying the presence of preferences and the ability to bear responsibilities. It follows from this that the possession of this or that property is the preference of any person, regardless of his age. Therefore, the question of whether something can be given to an individual who has not reached the age of majority disappears by itself.

A child receiving something as a gift must have a birth certificate or passport. But under 18 years of age (in some cases up to 16), children do not have full legal capacity (responsibility for their actions) and for this reason, to legally complete a transaction, consent will be required, parents also need to be, or other legal representatives.

Is it possible to issue a deed of gift for a child without a notary?

Registration of a DD for a minor without the participation of a notary is possible, with the exception of the case when a share in real estate is given as a gift.

In the above situations, the deed of gift must be certified by a notary office, otherwise it will not have legal force.

Cost of notary services

When certifying the DD of real estate, a fee of 0.5% of the cadastral value is paid, but not more than 20,000 rubles. (Article 333.24 of the Tax Code of the Russian Federation). If a deed of gift is drawn up for movable property, in accordance with Art. 22.1 of the “Fundamentals of Legislation on Notaries” establishes the notary tariff:

• donation to children, brothers, sisters, parents - 0.3% of the transaction amount, not less than 200 rubles;
• other persons – 1% of the amount.

A certificate of parental consent costs 500 rubles.

Legal advice! You can order a deed of gift from a notary, but this is paid separately from the tariff or fee. The cost of drawing up a document can reach 10,000-15,000 rubles. To save money, it is easier to draw up an agreement with lawyers and then visit a notary for certification. This will save 10,000-12,000 rubles. in your wallet and don’t overpay. Notaries always charge more than law firms

Elena Plokhuta

Lawyer, website author (Civil law, 7 years of experience)

Let's look at an example of calculating the fee for a child's DD certificate:

The woman decided to give the apartment to her daughter. The property was purchased during marriage. She paid her husband’s consent to the alienation of real estate 500 rubles. Payment for notarization was calculated based on the value of the gift - 5,000,000 rubles:

5,000,000 x 0.5% = 25,000 rub.

25,000 + 500 = 25,500 rub. – total amount to be paid.

Agreement for donating a share of an apartment to minor children

• passports or other documents allowing to identify the parties to the transaction;
• marriage certificate, if the donor is married, as well as the consent of the second spouse to the alienation of a share of the apartment, if it is joint property;
• documents indicating that the donor has ownership rights in relation to the subject of the transaction;
• consent from the legal representatives of the minor participant in the transaction;
• documents indicating the absence of encumbrances in relation to the subject of the transaction and its value;
• payment documents for duties and other fees provided for by law.

On behalf of representatives of the first category, parents and other official guardians can participate in transactions. Minors who have reached the age of 14 may become a party to the contract if they have the consent of the mentioned representatives. This simple formality boils down to the fact that the guardian must certify that there are no objections to the transaction on his part by writing “I agree” in the agreement and signing an autograph.

How to draw up a real estate gift agreement for a minor: step-by-step instructions

The procedure for registering a deed of gift for a child consists of several stages:

1. Obtaining consent from parents.
2. Preparation of documents and drawing up DD.
3. A visit to a notary if certification of the contract is required or the parties decide to certify it voluntarily.
4. Submission of documents for registration to Rosreestr.
5. Receive a completed statement.

Let's look at each stage in detail.

Step 1: Obtaining Parental Consent

To gift real estate to a minor, parental consent is required. If they are divorced, this does not terminate the rights and obligations of the parent who does not live with the child.

According to paragraph 1 of Art. 26, children from 14 to 18 years old make transactions with the written consent of both parents or legal representatives.

Note! If the father or mother has been deprived of parental rights, permission is not required.

Contents of consent

The consent form includes a complete list of required information:

• FULL NAME. the parent giving permission for the transaction;
• registration address, passport details;
• written expression of consent to a specific transaction;
• Date of preparation.

At the end, the citizen and the notary sign, and the document is certified with a seal.

Sample statement of consent to make a gift to a minor child:

Consultation on document preparation

Step 2: collecting documents

If you plan to draw up a deed of gift from a notary, it is better to collect all the documents before drawing up the parental consent: the deed of gift can be issued at the same time.

For the transaction, depending on the subject of the donation, you will need:

Note! It is mandatory to provide passports of all parties to the transaction. If the child is under 14 years old, a birth certificate will be required. If another person is acting on behalf of the donor, you must take with you a notarized power of attorney.

Step 3: registration and certification of the deed of gift by a notary

If the DD is drawn up independently or with a lawyer, and notarization is required, you should contact a notary.

It is advisable to come by appointment. The deed of gift is signed in his presence.

Contents of the gift agreement

The deed of gift contains the following information:

• Full name, details of the donee’s birth certificate or passport, date of birth, registration address;
• Full name, series and number of passport, place of residence of the donor;
• information about the property: cadastral number, location address, number of rooms, floor, etc.;
• date of entry into force of the DD;
• rights and obligations of the parties;
• reference to obtaining parental consent;
• passport details of the parent, if he or she signs for a child under 14 years of age;
• signatures of the parties.

Sample agreement for donating an apartment to a minor child:

Consultation on document preparation

Step 4: submitting documents to Rosreestr

Having collected all the documents and drawn up the DD, you need to submit an application for re-registration of ownership on the basis of a deed of gift. If the parties contact a notary, he can do this free of charge.

When filing independently, the donor and the recipient must come to the MFC or Rosreestr. If the child is under 14 years old, one of the parents comes with the donor instead. Children over 14 years of age apply themselves.

Documentation

When visiting Rosreestr or the MFC, you will need the same documents as for drawing up the DD, but you must take with you one copy of the agreement. It is handed over to an employee of the institution to re-register ownership of the donee.

State duty

The fee for performing registration actions in relation to real estate in Rosreestr is 2,000 rubles.

Step 5: obtaining an extract from the Unified State Register of Real Estate

After 10 working days, you need to come to the institution where the documents were submitted and receive a new extract from the Unified State Register of Real Estate. The donee will be indicated as the owner.

Structure of an agreement to donate an apartment to a minor child

The specifics of concluding a contract are set out in Chapter 28 of the Civil Code. According to the provisions of Articles 432-444, the following information must be indicated in the deed of gift:

• in the preamble - the place and time of conclusion of the agreement (the city and date are indicated in letters);
• name of the agreement;
• details of the donor, donee and legal representative of the donee: passport details, full name, place of birth, place of registration and residence, contact numbers;
• in the main part - data about the object of donation: its location, technical data (number of floors, structure, area, number of rooms, etc.);
• documents giving the basis for ownership of the apartment;
• an indication that there are no encumbrances on the apartment;
• cost of the apartment;
• the number of shares transferred as a gift;
• in conclusion - the moment of entry into force of the agreement (if absent, then it is considered the moment of signing the agreement);
• number of copies of the agreement and their location;
• signatures of the parties.

The agreement must be concluded in writing, printed or handwritten. Such agreements are not concluded orally.

More information on how to draw up a deed of gift for a share in an apartment can be found here.

Agreement for donating an apartment to a minor child - sample example:

Sample deed of gift for a minor child.

Personal income tax when gifting a child

If the child is a close relative of the donor, you will not have to pay personal income tax. If there is no close relationship, 13% personal income tax must be paid by the parents.

The tax return is submitted until April 30. After verification, the tax is paid until July 15 of the year following the date of signing the deed of gift.

Let's look at an example calculation:

The cadastral value of the donated real estate is RUB 3,000,000. The child is not a close relative of the donor, so the parents pay the following amount:

3,000,000 x 13% = 390,000 rub.

Note! For non-residents of the Russian Federation, an increased tax rate is established - 30%.

Real estate donation agreement for a minor: pros and cons

When deciding to draw up a deed of gift for a child, you need to carefully weigh the pros and cons:

Conditions for canceling a deed of gift

The DD can be canceled on the grounds provided for in Art. 578 Civil Code of the Russian Federation:

• commission by the donee of a crime against the health and life of the donor and his relatives;
• intentionally misleading the donor regarding the transaction;
• mistreatment of a donated item that is of non-material interest to the donor, if this entails the risk of its irretrievable loss;
• death of the donor through the fault of the donee.

The donor's creditors have the right to file an application to invalidate the deed of gift during the bankruptcy procedure if the deed of gift was drawn up six months or less before going to court.

According to Art. 573 of the Civil Code of the Russian Federation, a gift is canceled by mutual consent as a result of the recipient’s refusal to accept the gift. If the DD is drawn up in writing, the refusal is issued in a similar form. When registering a new owner with Rosreestr, the refusal is also subject to registration.

Note! Parents, guardians or other representatives by proxy participate in legal proceedings for minor children.

Arbitrage practice

Typically, deeds of gift are contested by relatives of the donors, citing as grounds the donor’s misleading the recipient when signing the document, or the execution of a deed under pressure.

The donors themselves also have the right to cancel the transaction. In both cases, to satisfy the claim, it is enough to provide evidence confirming the existence of grounds.

Here are some examples of decisions made in real cases where people managed to get the DD abolished through the courts:

• Decision No. 2-3001/2019 2-3001/2019~M-2471/2019 M-2471/2019 dated June 27, 2021 in case No. 2-3001/2019;
• Decision No. 2-492/2019 2-492/2019~M-295/2019 M-295/2019 dated June 24, 2021 in case No. 2-492/2019;
• Decision No. 2-5766/2019 2-5766/2019~M0-4649/2019 M0-4649/2019 dated June 25, 2021 in case No. 2-5766/2019.

Important! After the DD is declared invalid, the ownership right is returned to the donor. The donee (defendant) has the right to challenge the court decision before it enters into legal force within 30 days from the date of adoption in final form.