Agreement of Donation of a Share of an Apartment to Minor Children Sample

Sample agreement for donating a share of an apartment to minor children 2021

There are two ways to formalize the donation of property to minors in 2021: yourself or with a notary.
When signing a gift agreement for a minor, both parents must be present, or one of the parents must provide notarized consent from the second legal representative. An exception is if one of the parents is deprived of parental rights. He will prepare one copy of the document for each of the parties, and keep one for himself. Although a gift deed can be written without legal support, it is preferable to contact a notary. This will be an additional guarantee that the transaction was concluded voluntarily and meaningfully.

Agreement for donating a share of an apartment to children using maternity capital

Gifted children under 14 years of age cannot sign the contract themselves, so one of the parents does this for them. Teenagers over 14 years old sign with their own hands, but in the presence of a legal representative. If only the mother is involved in the transaction, an employee of the guardianship authority can act as the child’s representative.

note the characteristics of the property: apartment address, floor, number of rooms, residential/non-residential area;
what share belongs to the parents or one of the spouses - in percentage terms, as well as on what basis the ownership rights arose (documents);
how many parts are at the disposal of the children, how this is expressed (square meters or percentage) - according to the agreement on determining the shares of the apartment;
guarantee of absence of encumbrances on the apartment - arrest, pledge, transfer to third parties;
confirmation of the sanity of the parties;
reference to legislative provisions (131, 166, 209 of the Civil Code of the Russian Federation);
information about transaction registration;
information about incurring expenses - the donor represented by the parents;
number of copies;
signatures of the parties.

Sample gift agreement for a minor child

place and date of conclusion of the agreement;
full data of the donor according to the passport;
full data of the recipient according to the birth document (passport from the age of 14);
details of the legal representative on the passport;
a note about the adequacy of the donor party and the voluntariness of his expression of will;
information about the subject of the donation:
Legal documents.
Estimated or cadastral value.
a note indicating that there is no encumbrance on the gift in any form.

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).

How to draw up a gift agreement for a minor child

Another pressing question for many parents who want to transfer property as a gift to their children is whether the deed of gift is required to be notarized? Of course, a visit to a notary will increase the level of security of the transaction you are making and, perhaps, protect you from possible unpleasant consequences. However, this procedure is mandatory only in certain cases:

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In other words, if the apartment has only one owner, that is, it is his personal or individual property, and he decided to give it to his son or daughter, then a deed of gift in a simple form, not certified by a notary, is suitable. An exception would be the gift of a land share to a child.

Agreement for donating a share of an apartment to children

Other people's children grow up quickly, but their own children are in no way inferior to them in growth. The older generation is starting to wonder if it’s time to give younger family members a share of the apartment? Registration of a deed of gift is a popular and convenient way to re-register property in favor of children.

The process of transferring part of the housing is gratuitous (free) in nature (clause 1 of Article 572 of the Civil Code of the Russian Federation).
The donor (owner) and the recipient (child) must express a personal desire to participate in the transaction.
The gift agreement is drawn up during the lifetime of the child’s relatives, and if they have already died, the gift is not allowed.
Entry into ownership is registered with a notary and in Rosreestr.
Part of the housing jointly owned by the spouses is transferred to the child with the consent of the husband and wife (clause 2 of Article 576 of the Civil Code of the Russian Federation).
Consent is not required if the apartment is classified as common shared ownership.
Participants in the transaction can be not only close relatives, but also third parties.

Donating a share in an apartment to minor children: samples and forms of a gift agreement

It is worth noting once again that a gift agreement is a transaction in which ownership of property and non-property rights is transferred. Therefore, in order for a transaction to be legal and valid, during its implementation it is necessary to comply with all the rules and procedures established by the legislation of the Russian Federation.

1. “DONORS” transfer free of charge to the “DONEEE” shares in the ownership of the apartment, in the ratio: 1/4 share (one fourth share) - “Done1”, and 1/4 share (one fourth share) - “Done 2” "; and “DONATES” accept into shared ownership an apartment located at the address: __; located on the __floor of a residential building, consisting of __ rooms, with a total area of __ sq.m.

Nuances of drawing up a gift agreement for a minor child (2021 sample)

So, if the recipient has not reached the age of 14, then the documents will be signed for him by trustees (parents or guardians).
If the recipient is more than 14 but less than 18 years old, then he can sign the agreement independently, but with the written permission of his parents or other guardians.
An exception is the case when a minor is recognized as fully capable at the age of 16 - for this he must prove his independence - provide information about his place of work, as well as the consent of his parents or citizens who have guardianship over him.

Donation of real estate, as a procedure, can occur without paying state tax - if the transaction is carried out by immediate relatives. In any other situations, the recipient is required to pay state tax - 13 percent of the assessed value of the real estate. Of course, the child cannot perform such actions on his own, since he is financially dependent on his parents or guardians. That is why the trustees will have to pay the tax for it.

How to give a share in an apartment to a minor child

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).

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After agreeing on all the conditions for donating a share and drawing up an agreement, the parties need to contact a notary office to certify the documents. To do this, you need the same set of documents that the counterparties used when drawing up the agreement.

Agreement for donating a share of an apartment to a child sample 2021

So, according to the agreement, the donor undertakes to transfer ownership of the share of the apartment to the second party (the donee) free of charge. The right to transfer ownership can be registered both at the time of execution of the contract and at any other time.

All parents sooner or later wonder how to give their child a start in adulthood and donate part or all of a piece of real estate for living. In this case, an important fact is the official registration of real estate in the name of your child. After all, own housing becomes a guarantee and guarantee of stability in the current living conditions.

Drawing up an agreement to donate a share of an apartment to minor children in 2021

Registration of the transfer of ownership rights to a share of an apartment in relation to a minor is a paid government service. The applicant will be required to pay a duty fee of 300 rubles. A receipt confirming the payment must be provided along with the application and a package of accompanying documentation. Otherwise, Rosreestr will reject the application.

In some situations, Rosreestr will refuse to register a deed of gift. Such an outcome is guaranteed if the applicant provides an incomplete package of papers, the donor does not actually have the right to dispose of the apartment, the donor is limited in his legal capacity, other share owners are against it, and the recipient, represented by his legal representatives, officially renounces his share in the apartment.

Apartment share donation agreement

civil passports of the parties to the contract. If the recipient is a person aged 14–18 years, then his passport is needed, as well as the passport of his legal representative. If the recipient is a person under the age of 14, then you must attach his birth certificate and the passport of one of the parents;
a purchase and sale agreement or another agreement, according to which the owner of the apartment has rights to this apartment or its share;
state certificate registration of property rights (until 2016) or an extract from the Unified State Register of Real Estate;
consent of the spouse, if the apartment is joint property;
receipt of payment of the state duty - the cost of the state duty in 2019 is 2000 rubles;
document on ownership of the transferred share of the apartment;
extract from the house register;
cadastral passport;
power of attorney – if the donor or recipient is represented by another person;
documents that confirm the relationship between the donor and the recipient (if the share of the apartment goes to a close relative).

After signing the necessary documents, the responsible employee of the MFC takes the application and all attachments to it, issues a receipt to the applicants for receiving the documents, after which they set a time and date when the parties to the transaction need to come to the registrar and receive the completed documents.

Donating a share of an apartment to minor children

When drawing up a gift agreement for minor children, there are several distinctive features from a simple gift agreement for an adult.
The signature of a legally authorized representative (appointed guardian or one of the parents) is required for registration. Such an agreement must be certified by a notary and registered with the local branch of the Federal Reserve System. I, citizen _______________________, __ _________ born in 19__, passport details ____ _____, by whom and when issued by _________________________, unit code __________, registered at the address: ______________________________ on the one hand, and citizen _______________________, __ __________ born in 19__ , passport details ____ _____, by whom and when issued by _________________________, department code __________, registered at the address: ______________________________, acting as the legal representative of her minor children ________________________ (birth certificate data), on the other hand, being of sound mind and sound memory, acting voluntarily, have entered into this agreement as follows:

Agreement for the donation of a share of an apartment to minor children, sample 2021

You receive title documents that have passed state registration in the name of the donee by providing us with a minimum package of documents. To do this, you need to come to us twice. The first time to draw up a gift agreement, the second time to receive registered documents.

We, full name, (year of birth), place of birth: city. Moscow, gender male, citizenship of the Russian Federation, passport ** ** ****** issued on December 14, 2002 by Passport Office No. 1 of the Department of Internal Affairs of the Northern Tushino District of Moscow, subdivision code ***-***, registered at the address: mountains Moscow, (address), hereinafter referred to as the “Donor”, on the one hand, and

Agreement for the donation of a share of an apartment to minor children - rules for registration

The transaction is carried out on the basis of a gift agreement drawn up in accordance with the requirements of the Civil Code. This document is prepared in as many copies as there are participants in the transaction. Another copy of the document is prepared specifically for further transmission to the State Registration Service.

A special feature of such a gift is the legally certified opportunity of the potential recipient of the gift. This will need to be done in writing and must be done before completing the procedure for transferring the gift. The refusal must undergo state registration.

Gift agreement for minor children: example

A donation of a share of an apartment under a mother’s certificate may be considered a legal transaction. The process has legal force in the presence of the child's official representatives. According to article number 185 of the Civil Code, a minor can issue a power of attorney. Based on it, the future owner will be able to appoint any trustee other than parents or guardians.

Until the 14-year period, a deed of gift for a minor can be signed by legal representatives without the participation or presence of the future owner.
From fourteen to eighteen years of age, the child must be present at the transaction, personally signing the contract. At the same time, representatives of the gifted person sign, expressing consent to the procedure.