What features does the law contain?

Children are not formally prohibited from being the owner of real estate. This applies to both the whole property and a part, for example, a share in an apartment. All responsibilities regarding the apartment until adulthood are performed by parents or guardians:

• pay for the maintenance of housing, common areas in apartment buildings and utilities;
• provide contributions for capital repairs of apartment buildings;
• maintain the apartment in proper condition (repair);
• pay off tax debts.

Therefore, in accordance with the current civil legislation, donating a share in an apartment to a son, daughter, grandchildren or other children with whom the donor is not even related is permitted.

However, when registering, it is necessary to take into account a number of procedural features:

1. On behalf of the owner, the contract is signed either by his parent (under 14 years old) or by the child himself (from 14 to 18 years old), but with the consent of the parent.
2. The gift agreement must be certified by a notary.
3. The transfer of rights must be registered in Rosreestr. Only after this the transaction can be considered completed.

IMPORTANT. In this case, the co-owners do not have a preemptive right. There is no need to collect written refusals from them or send notices.

It is not necessary to obtain the consent of the guardianship authority (guardianship authority) to donate a share in the apartment to a minor child.

Legal status

At the stage of making a decision on a gift to a child, it is necessary to take into account the legal status of the residential premises and the peculiarities of participation of minor citizens in transactions. The shared form of ownership is characterized by the following features:

• to dispose of the entire object, the participation of all shareholders is necessary, or the execution of a power of attorney for representatives;
• when disposing of shares for a fee, you must first notify the remaining owners and give them the right of first refusal;
• For paid and gratuitous transactions with shared ownership, it is required to certify the agreement at a notary's office.

Thus, regardless of the age of the donee, concluding a gift agreement will require contacting a notary office to certify the document.

The legal status of minor citizens also has features that are characteristic of the disposal of real estate or the acquisition of property. This is due to the limited legal capacity of this category of persons:

• citizens under the age of 14 are deprived of the right to take part in any transactions with real estate;
• minor children aged 14 to 18 years have the right to participate in transactions independently, however, with the consent of their legal representatives (for example, one or both parents).

Paid transactions for the alienation of apartments (including shares in part of the residential premises) belonging to minors are allowed only with the consent of the guardianship authorities. At the same time, the gratuitous alienation of a minor’s property is generally prohibited by law.

No such restrictions have been established for the acquisition of home ownership. Minor citizens have the right to acquire property assets under any type of transaction without prior approval from the guardianship authorities, however, the restriction on personal participation in signing contracts remains unchanged.

Thus, in order for a child to receive a share in an apartment as a gift, an adult capable parent or other legal representative must participate in the transaction.

As a rule, donations are made in favor of relatives or close people, so there should be no difficulties in agreeing on the terms of the contract.

Advantages and disadvantages

In terms of registration and the future fate of real estate, we can highlight the following advantages and disadvantages of an agreement to donate a share of an apartment to children.

The donation also has other legal consequences. They can be viewed from different perspectives. In one case this will be an advantage, and in another - a disadvantage. The list of nuances that must be taken into account when re-registering shares is as follows:

1. The share becomes the property of the child. This means that it is the child who is the owner of part of the property, and not his parents, although the latter temporarily act on his behalf. After reaching adulthood, the child will have the right to independently decide what to do with the housing - sell, donate, bequeath at his own discretion. In this case, the donor will not be able to impose his opinion.
2. It will be problematic to transfer the share as collateral (for example, against a loan) until the child reaches adulthood.
3. Donation does not replace the right to participate in the sale of maternity capital. In other words, if a child is given a share in an apartment, he will still participate in the distribution of living space purchased with maternity capital.
4. The terms of the donation cannot be specified in the contract. For example, that property passes to the grandson only if the grandmother receives the right to permanent residence in the apartment.
5. It is also prohibited to establish compensation for housing in any form - cash, goods or services. The contract will be cancelled.

IMPORTANT . A deed of gift is an unconditional contract. It should not contain any obligation to reimburse the cost of the share on the part of the donee. The recipient only agrees to accept the gift.

Is it possible to give a minor child a share in an apartment?

The Civil Code does not prohibit the alienation of property in favor of minor citizens. However, there are some nuances here. Minors cannot be independent participants in transactions.

Parents, adoptive parents or guardians act on their behalf. The powers of these citizens must be confirmed by relevant papers (birth certificate, court decision).

Expert opinion

Noskov Georgy

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

Is the participation of a guardianship authority required when registering the transfer of property to a child? No. The executive authority is involved only in the alienation of property belonging to minors. Such restrictions are aimed at preventing any abuse by their representatives. After all, young citizens do not understand the consequences of their own actions. All key decisions are made by parents/guardians. Whereas the consequences of decisions made affect children.

Do I need a notary?

This document must be certified by a notary. Donating a part (share) without a notary will result in refusal to register the transaction. Participants in an agreement to donate a share of an apartment to minor children must contact a notary office for certification. This cannot be avoided.

In the course of his work, the notary:

• independently draw up a legally competent text of the deed of gift (texts from participants are almost never accepted anywhere);
• will check whether the rights of third parties have been violated;
• will assess the legal purity of the share in terms of the presence of arrests and encumbrances;
• will check the sanity of the parties to the transaction;
• will formalize the consent of the donor’s spouse to alienate the share;
• will register the consent of the minor’s parents to receive a share.

Therefore, there is no requirement to sign any contract before visiting the notary. The draft agreement for donating a share of an apartment to a minor will be prepared by the office employee himself.

IMPORTANT. Certification of the contract by a notary does not replace the state registration of rights in Rosreestr. Both procedures are necessary.

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.

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Agreement for donating a share of an apartment to children

This document is drawn up by a notary on the basis of documents and information provided by the parties to the transaction. As a rule, notaries do not accept texts compiled by the parties to the transaction independently for notarization. However, the donor and parents of the donee need to familiarize themselves with the mandatory conditions that must be contained in the deed of gift in order to control the work of the notary.

Sample and blank form 2021

• An agreement for donating a share in an apartment to a child can be found here.
• You can download a blank form for an agreement to donate a share in an apartment to a child here.
• In some cases, it is necessary to agree on a gift for the future - a contract of promise of donation after some time. Download a sample preliminary agreement for donating a share of an apartment to a minor here.

At the same time, the fact of donation cannot be made dependent on the actions of the minor aimed at enriching the donor. In addition, donation in the event of the death of the donor is prohibited - for this purpose the law provides for a will.

How to compose correctly

The finished text of the contract must contain:

1. Full names of the parties and the parent of the minor.
2. The legal essence of the agreement: “The donor gave a gift free of charge, and the donee accepted the following property.”
3. Indication of the share size.
4. Description of the apartment with address, area, cadastral number and other characteristics.
5. Signatures of the parties.

Other conditions are included in the contract at the request of the parties. Most often, these are guarantees from the donor about the absence of persons registered in the apartment, the absence of debt on utility and tax payments.

Rules for signing the agreement:

1. The adult donor signs independently.
2. A child from 14 to 18 years old signs himself. The legal representative (parent) signs below his signature, confirming his consent to the transaction.
3. For a minor under 14 years of age, his legal representative signs.

The text should not contain conditions regarding the child’s payment of any amounts, goods or services towards the real estate.

Registration of a gift agreement

The requirement to carry out registration activities applies to all types of transactions with real estate assets, including shares in housing. To register, citizens can choose one of the following methods of application:

• directly to the territorial office of Rosreestr;
• through the system of Multifunctional Centers.

Note! It is not the contract itself that is subject to registration, but the transfer of ownership.

When applying for the registration procedure, the need for the participation of the gifted child arises only when he reaches the age of 14 years, i.e. The same rules apply as for notarization.

To register, citizens must submit the following documents:

• an application to the authorized bodies to register the transfer of ownership;
• gift agreement;
• title documents;
• general passports and birth certificates;
• a payment document confirming payment of the state fee for the registration procedure in the amount of 2000 rubles.

An application on behalf of a child under 14 years of age is filled out by his adult representative, and upon reaching 14 years of age, children fill out the form independently with the consent of the parent. The guardianship authorities are not notified of the re-registration of rights to a child as a result of a gift; there is no such requirement in the law.

After carrying out the necessary verification activities, information about the transfer of ownership of the child is entered into the Unified State Register of Real Estate, about which the parties will be issued an extract from the register. From this moment the transaction is considered completed, the share in the apartment becomes the property of the minor.

Donation procedure: step-by-step instructions

To give your share in an apartment to your daughter, son, grandson or other child, you must do the following:

1. Collect documents from the list. If necessary, order a fresh extract from the Register and check the absence of encumbrances.
2. Pre-visit a notary for consultation and transfer of documents. The text of the deed of gift is prepared within one working week, depending on the workload of the office.
3. Appear at the time appointed by the notary to sign the agreement. The following must be present in person: the donor, the recipient (if he is over 14 years old), the parent or guardian of the child.
4. If the donor is married, a spouse must also be invited to the transaction. The notary will issue consent to the alienation of the share.
5. During the reception, check the text of the contract for typos. Next, the parties sign the documents.
6. The completed agreement and consent should be attached to the rest of the documents. Now it is necessary to carry out state registration of the transaction.
7. Documents for state registration are accepted by the nearest MFC. It's better to make an appointment in advance.
8. During the appointment, the specialist will fill out an application for registration, which must be signed. Together with the documents, the application is sent to Rosreestr. A receipt is issued regarding receipt of papers.
9. After registration, the donee (his parent) receives an extract from the Unified State Register and a copy of the agreement with a note.

Registration takes from 5 to 14 business days.

IMPORTANT. Today, the option of electronic registration through the notary who certified the transaction is available. Such registration is faster and easier, because you don’t need to wait in line, and registration takes place in one visit to the notary’s office without the participation of the MFC. The service costs from 1,500 rubles.

Concept

What is a gift agreement and what function does it serve?

Many owners do not understand well all the nuances of the transaction they are carrying out, which means they may incorrectly assess the situation and unwittingly violate their rights or the rights of the donee .

Therefore, it seems to us, there is a point in once again resorting to the rules of law of the Civil Code, where in Chapter 32, namely in Article 572, the main provisions of such legal relations are indicated.

So, donation is a two-way transaction. Yes, it’s a deal, otherwise it would never have made it into the Civil Code and its norms. The transaction has two subjects. One of them is the giver .

A person who alienates real estate and renounces his ownership rights in favor of another person, and, mind you, completely free of charge.

The next subject of the transaction is the donee .

This person is the subject who accepts the gift and becomes its full owner, also free of charge. The main condition of this relationship is that there is no exchange or purchase.

But the donor has every right to state some of his demands , which are provided for by law. Such requirements include, for example, the wish that the donee enter into ownership upon reaching adulthood, wedding, entering college, and so on.

The next no less important concept that appears in this legal act is a minor. By resorting to the norms of the Civil Code, we can find out that a minor is a person who has not reached the age of 18, and therefore does not have the full scope of rights and obligations inherent in other persons.

Therefore, often, these persons do not make any decisions independently, but by turning to their legal representatives.

Another concept from our heading paragraph is share. A share is understood as part of real estate , which by right of ownership belongs to a specific person, while other parts of the real estate belong to other persons.

Sample agreement for donating part of an apartment to minor children.

Sample agreement on donating parts of an apartment to two minor children.

Read on our website about how to register a deed of gift for a share in an apartment for a relative. You will find a sample here.

Taxation

The following tax rules apply:

1. The donor does not pay any taxes regardless of his relationship with the minor.
2. The donee does not transfer personal income tax to the treasury if the donor is his close relative (parent, grandmother, grandfather, brother or sister). In other cases, it is necessary to transfer 13% of the share price to the budget.
3. From the date of state registration, the child receives an annual obligation to make tax payments for housing.

All tax responsibilities until the child reaches adulthood are performed by adults for him.