Does the husband sign over his wife's apartment? How can a husband transfer an apartment to his wife? Order of sale or donation

You will need

- title documents for the apartment (purchase agreement and registration certificate);
- cadastral and technical passports;
- documents proving the identity of the spouses;
- extract from the house register.

Instructions

Before choosing the type of transaction under which you will transfer ownership rights to your spouse, check at the moment. If the specified real estate was acquired through a compensated transaction in a real marriage, then the wife already has the de facto right to ½ of the ownership of the apartment. Since, in accordance with paragraph 3 of Article 34 of the RF IC, property acquired by spouses during marriage is the joint property of both spouses, regardless of whose name it was registered in.

In this case, to formalize the transfer to your spouse, enter into an agreement with her on the division of jointly acquired property. The agreement is concluded in writing, signed by both parties and certified by a notary. The agreement specifies the object - an apartment, the parties - spouses and the condition of the conclusion - gratuitous transfer of ownership. The notarized agreement is submitted to the regional department of the Federal Registration Service to register the transfer of ownership.

If the apartment in question was acquired by the husband before the present marriage or was received by him free of charge during marriage (donation agreement, inheritance), then the best option for re-registering the apartment to the spouse would be to conclude a gift agreement. In accordance with the RF IC, spouses, as immediate relatives, are exempt from paying tax when receiving real estate as a gift.

Draw up the gift agreement in simple written form signed by the parties. Notarization of this form of transaction is not required by law. In addition to the contract and title documents for the apartment, you will need a receipt for payment of the state duty, cadastral and technical passports for the property, identification documents of the parties to the transaction, as well as an extract from the house register. Provide the district department of the Federal Registration Service with a complete package of documents to register the transfer of ownership of the apartment.

In all cases, re-registration of an apartment with the Federal Registration Service will take 30 days. After this period, your wife becomes the title owner of the apartment and receives a corresponding certificate of title.

Helpful advice

Instead of an agreement on the division of property, spouses can draw up a marriage contract, which is drawn up in a similar way, but is a more complete and often preferable document.

To transfer an apartment to your spouse, it is enough to draw up a deed of gift or a purchase and sale agreement. A completely different procedure for completing the transaction will be if you are facing a divorce from her.

Instructions

Conclude a gift agreement with your spouse (you don’t have to have it notarized), and contact the Federal Registration Service to register it.

In addition to the contract, provide the following documents:
- receipt of payment of state duty;
- your application to register the transfer of ownership of your spouse’s real estate;
- the spouse’s application for registration of ownership of real estate;
- original documents identifying the parties;
- cadastral passport;
- other relatives living in the apartment, certified by a notary (if it is joint property or if they are registered in this apartment);
- certificate of ownership;
- a certificate from the BTI with a mandatory indication of the cost according to the inventory list;
- an extract from the house register, certified by a notary.

After the registration procedure, your wife will need to obtain a certificate of ownership of the property. Neither you nor she will need to pay any taxes, since you are close relatives.

When concluding a fictitious purchase and sale agreement, you will need to pay tax if its value exceeds the amount specified in the legislation of your region, and if you have been the owner of the apartment for less than 3 years.

If you are going to give an apartment to your wife after a divorce, then she will have to pay a tax of 13% of the appraised value of the apartment. Therefore, in this case, it is much more expedient to draw up an Agreement on the Division of Property, in which you can indicate that the apartment (if it was your property before marriage) becomes the property of the spouse. If the apartment was purchased by you during marriage, you can transfer your share to your wife under the Agreement. In any case, the Agreement must be drawn up by a notary, and only then will your spouse be able to apply to the Federal Registration Service to obtain a certificate of ownership of the apartment.

There are times in life when a wife needs to re-register an apartment, house, car or other property belonging to a husband. In order to do this, there are several possible options: drawing up a gift agreement, completing a purchase and sale transaction, re-registration by a court decision.

Instructions

Obtain permission from all home owners to donate or sell it and have it certified by a notary.

Update technical documents for housing. To do this, contact the BTI to call a technical employee of this organization, who will inspect and measure the home. Based on this data, the BTI will issue a new plan and an extract from the cadastral passport.

Draw up a donation or sale agreement with a notary based on the collected documents. In this case, the notary draws up an act of acceptance and transfer of housing in the appropriate form.

To re-register a car, have the donation or purchase and sale agreement certified at a notary office. To do this, you need to have passports (yours and your husband’s), and documents for the car.

Contact the justice department for registration of rights to real estate and transactions with them, having with you documents for the car and a contract certified by a notary. Within 30 days after registering the transaction, you will be issued a certificate of ownership of the car.

Re-register a car by inheritance in the same manner as real estate.

Sources:

how to re-register an apartment for your husband

Russian legislation provides for several ways to formalize a transaction to transfer ownership of a house from one spouse to another. In this situation, it is important to know on the basis of what transaction the house was purchased.

Divorce in most cases is accompanied by such unpleasant moments as disputes over the upbringing of children and the division of property. And often, when real estate purchased during marriage is transferred to one of the spouses or divided equally. And as a result, the question arises - how to re-register an apartment after a divorce?

How to re-register an apartment during a divorce so as not to divide

It is important to know what can happen in one of three scenarios:

By agreement of the spouses;
In accordance with the marriage contract;
By the tribunal's decision.

If Themis is involved in the process, then usually the property is divided equally between the spouses. But what to do when you don’t feel like it at all. For example, if it was purchased with inherited money, or capital accumulated before marriage was invested in it.

Another option could be to re-register the apartment in the name of one of the closest relatives even before the divorce. For example, housing can be transferred to the mother or father. But this method is only effective if only one of the spouses is listed as the owner. But here it is important to take into account the fact that the danger of this method is also that if the parents have other heirs, then they will also be able to claim this property.

The second option is to enter into a marriage contract. But this is only possible if the separation occurs amicably, and the husband or wife is ready to come to an agreement and not claim the property of the other half.

You can also collect evidence that the apartment was purchased with premarital money. For example, provide evidence that the payment for housing was received from the sale of an apartment that was owned before the marriage. This is easy to do by tracking bank transactions.

How to transfer an apartment to your wife during a divorce

Situations where, after a divorce, the apartment is transferred to one of the spouses or the wife decides to buy out her husband’s share are not uncommon.

Therefore, lawyers are asked to re-register the apartment in the name of one of the spouses. There are three ways to do this:

According to Article 42 of the Family Code of the Russian Federation, spouses can enter into a notary agreement. This document may change the common ownership regime. As a result, each spouse gets a certain share of the joint property. And the best option would be for your soulmate.
Conclude a notarial agreement that changes the regime of common ownership. After this, ownership of the jointly acquired property passes to one of the spouses.
Draw up an agreement on the division of common property. This can be done on the basis of Article 38 of the Family Code. The husband can then also donate or sell his share to his wife.

Required package of documents

To re-register an apartment to your wife during a divorce, you will need to collect a certain package of documents:

Application for renewal;
Agreement confirming the purchase of real estate;
Documents on ownership of an apartment or house;
Form 3;
Certificate of absence of debts on real estate;
Consent of the spouse to purchase an apartment during marriage, certified by a notary;
Copies of passports of both family members;
Apartment acceptance certificate;
A receipt confirming payment of the state fee.

Procedure

Signing a notarial agreement requires certain actions:

. As a result, common property is, as it were, distributed between husband and wife. Next, the document is certified by a notary.
Submitting the agreement along with a package of documents to the MFC or to the Rosreestr Office. After some time, the spouses are given an extract from the Unified State Register, confirming that only one of the family members has ownership of the apartment. The disadvantage of this scenario is that in order to recognize the wife as the owner of the apartment, it requires that the husband be assigned property of equal value. This could be a country house, or another apartment. If this condition is not met, .

When re-registering an apartment using a marriage contract, you will need to follow the following procedure:

First of all, the spouses draw up and sign a marriage contract. It indicates who will be the sole owner. The apartment can also be divided equally, but the husband will then be able to give his share to his wife.
The marriage contract must be certified by a notary. And all documents are also submitted to Rosreestr.
Then comes the waiting period for registration. After which the spouses receive an extract from the Unified State Register confirming that the owner of the property is one person.

Expert opinion

Maria Lokshina

Family law expert since 2010

In the event that the re-registration of the apartment is carried out with the subsequent donation of the share of one of the spouses to the other, the actions should be as follows:

First, an agreement is concluded according to which the property is divided in half. This document must also be notarized.
Next, all documents for the apartment are collected and the state fee is paid. A complete package of papers must be submitted to the Rosreestr Office or the MFC.
Next, a gift agreement is drawn up. It does not need to be certified by a notary. It is enough that the document is signed by the owner, who gives away his share free of charge.
Then the package of documents, along with three copies of the agreement, is sent again to Rosreestr.
After 7-9 days, an extract is issued confirming the ownership of real estate by one of the spouses.

The disadvantage of this method is its length, since two transactions have to be completed at once.

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:

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 under common law.

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

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:

Determination of a share in an apartment with subsequent donation.

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:

The apartment is individually owned by the spouse.

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

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:

Determination of a share in an apartment with subsequent donation.

There are several situations in which husbands want to transfer an apartment to their wives: divorce, a serious illness of the husband, receiving an inheritance in the form of an apartment, a desire to cede ownership, etc.

Having decided to re-register an apartment in the name of a spouse, many men ask the question: “How to re-register an apartment in the name of a wife in 2019?”

If this topic is relevant to you or just interesting, then read and remember all the legal aspects of this issue.

How to transfer an apartment to your wife while you are married?

According to paragraph 1 of Art. 34 of the Family Code of the Russian Federation, spouses who have entered into a marriage contract have the right to establish a regime of shared, joint or separate ownership of property.

This law also states that a marriage contract can be concluded not only for existing property, but also for what will be acquired in the future.

According to this article, each spouse has shared ownership of the apartment. In this regard, the husband has every right to transfer his share of the apartment to his wife.

He can do this by deed of gift. To do this, you need to draw up a gift deed. When signing a gift agreement, the spouse must be a legally capable person. Otherwise, the deal will not take place.

The marriage contract is concluded in a notary's office. The process of transferring property rights from husband to wife is necessarily subject to state registration.

According to paragraph 2 of Art. 38 of the Family Code of the Russian Federation, common property (apartment) can be divided between husband and wife by their prior agreement.

This agreement on the division of property acquired during the marriage must be notarized.

In this case, the shares in the apartment of each spouse are determined. And then the husband officially transfers his share of the apartment to his wife by drawing up a gift agreement.

Is it possible to transfer an apartment to my wife through sale?

Some couples are thinking of drawing up a contract for the purchase and sale of an apartment so that the wife has ownership rights to the property.

But when it comes to a married couple and the execution of this agreement between them, the legislation of the Russian Federation does not provide precise instructions. Therefore, this issue is resolved on an individual basis.

But in fact, the process of transferring the apartment to the wife is impossible if the property was purchased during marriage.

Why? Because this will mean that the husband is selling the apartment to himself, because according to the law, everything that was bought by a married couple during marriage belongs to both of them. This means that the husband will not be able to conclude a contract for the sale and purchase of an apartment to his wife.

If, while married, the husband cannot sell the apartment to his wife, then transferring it after a divorce is a common thing.

If the husband wants to transfer the apartment free of charge, then he needs to draw up a real estate gift agreement.

If an apartment is transferred through a gift agreement, then according to the laws of the Russian Federation, the donor or recipient does not pay taxes.

The gift agreement must be certified by a notary, otherwise this document will not have legal force.

If the apartment is in joint shared ownership of the spouses, that is, they have an agreement on determining the shares (if there is no agreement, then the shares are considered equal), then you can rewrite your share of the real estate by concluding a gift agreement or by concluding an agreement on the regime of jointly acquired property .

In the latter case, it must be stated that the spouse’s share, according to the document, goes to the spouse. After the process of transferring the share to the wife, she receives a certificate of ownership of the apartment.

The gift agreement, as well as the agreement on the regime of jointly acquired property, is subject to registration with the Federal Service for State Registration, Cadastre and Cartography.

If the shares of the apartment are determined, then the spouses can freely give each their share to each other.

According to Art. 15 and art. 16 of the Housing Code of the Russian Federation, a house, like an apartment, is an object of real estate. The process of re-registration of a house from a spouse to a spouse is possible by drawing up a deed of gift.

But there is a problem here. If the house was purchased during the marriage, this means that it is the joint property of the spouses.

This means that the wife also has half the share of this house. This means that the husband does not have the right to give the entire house to his wife, since she already owns half of it.

In this case, it is necessary to conclude an agreement on determining the share and donation. This can be either one document or two: an agreement on the determination of shares and a separate gift agreement.

The deed of gift must include the following information about the subject of the agreement:

information about the agreement with the land plot, outbuildings, etc. (everything must be listed);
home address;
number of floors;
material of manufacture;
total area;
cadastral number.

If a loan for an apartment was taken out by a married couple, then both spouses are co-borrowers on the mortgage. Before re-registering an apartment to your spouse, you need to obtain consent from the bank.

And he can refuse this, citing the fact that his wife’s income is too small to repay the debt. Banks do not take such risks.

If, nevertheless, the bank approves the process of re-issuing a loan, then the borrowers must re-register the property by mutual agreement. In this case, it is necessary to make changes to the loan agreement.

These changes stipulate that the husband is released from the obligation to repay the loan, however, at the same time he is deprived of the rights to the apartment purchased with a mortgage.

But there is the option of concluding an agreement on the division of property. Then the apartment will be divided between the spouses in agreed shares and each of them will have to pay their share of the loan debt.

In this case, the bank’s consent is not required; you only need to have the agreement certified by a notary.

To transfer the apartment to the spouse, the husband needs to prepare the following documents:

With these documents, spouses must contact the department of the Federal Registration Service at their place of residence.

The procedure for re-registration of an apartment should last no longer than 30 days.

Question: Is it possible to re-register an apartment in the name of my wife without her consent, because I want to give her a pleasant surprise?

Answer: Yes, it is possible, but only if the property is the property of the husband (according to Article 36 of the Family Code). But if the apartment or house is jointly owned, then the consent of the second spouse is required to re-register the apartment in his name. Otherwise, such a trail will be invalid.

Question: Is it necessary to indicate the value of a share of an apartment when gifting it to a spouse?

Answer: This is an optional condition of the contract; however, in practice, the cost of the share is still indicated. It is established either by agreement of the parties, or the market or inventory price is taken.

Question: How to transfer land with a house to your wife?

Answer: You can draw up a donation agreement for a house and a plot of land. In this case, it is necessary to register the agreement with Rosreestr.

Question: What payments will a husband or wife have to make when re-registering an apartment to his wife?

Answer: If a spouse enters into a gift agreement, then no duty is provided for by law. If the gift agreement is carried out between former spouses, then they will need to pay a state duty in the amount of 13% of the value of the property.

Now you know several ways to transfer an apartment from husband to wife during marriage: draw up a gift agreement, conclude a marriage contract, transfer your share of the property to your spouse.

The easiest way is to transfer the apartment to your spouse by drawing up a marriage contract, indicating in it the separate regime of ownership rights.

So that the couple does not have problems with re-registration of housing, it is best to seek help from a notary, who will tell you how best to carry out the transaction and re-register the apartment in the name of the spouse.