While in a civil marriage, the couple bought an apartment together 2 years ago. The purchase was registered in the name of the husband. What is the best way to re-register an apartment for my wife? And can the wife receive a tax deduction for the purchase in the future?

Well, what kind of spouses are these? You need to call things by their proper names - cohabitants, if the apartment was registered in the name of a cohabitant, then he, according to Article 209 of the Civil Code of the Russian Federation, is the sole owner for the apartment to become the property of the cohabitant - the cohabitant must, on the basis of a gift agreement, Article 572 of the Civil Code of the Russian Federation, give it away

a cohabitant cannot receive a tax deduction 220 of the Tax Code of the Russian Federation for the simple reason that she is not the wife; an official deduction can only be issued by a cohabitant.

Good afternoon.

Spouses can give each other things, including real estate. To do this, it is necessary to allocate the shares of each, in this case the spouse will be able to give his share. Or a marriage contract. If you consider it necessary to formalize a purchase and sale, it is unknown how the tax authorities will look at such a transaction; perhaps they will consider such a transaction to be made with interest.

Good afternoon, dear Elena

Cohabitation is not marriage. Regardless of the difference, there are no related rights. Formalize as a gift, purchase or sale

Good luck to you and your loved ones!

Hello, Elena.

SINCE this couple is not married, in order to receive a tax deduction, the woman must buy this apartment from the man, register it in her name, and then fill out the documents to receive the deduction.

Retired wife. The owner of the apartment is the husband. How to re-register an apartment in the name of your wife so as not to pay property taxes?

Hello, it is possible that it will be canceled for pensioners as well. and you give the apartment to your wife and will be left homeless. THINK with your head.

Good luck to you and everything will work out for you.

Hello! If the apartment was purchased during marriage, then you need to enter into a notarized agreement on the division of jointly acquired property. Next, enter into a share donation agreement. If the apartment is the personal property of the spouse, then you can directly conclude a gift agreement.

It is necessary to conclude an agreement on the division of property. Contact a notary for these purposes.

RF IC, Article 38. Division of common property of spouses

1. The division of the common property of the spouses can be made both during the marriage and after its dissolution at the request of any of the spouses, as well as in the event of a creditor making a claim to divide the common property of the spouses in order to foreclose on the share of one of the spouses in the common property of the spouses.

2. The common property of the spouses may be divided between the spouses by agreement. An agreement on the division of common property acquired by spouses during marriage must be notarized.

(as amended by Federal Law dated December 29, 2015 N 391-FZ)

Good afternoon

You can draw up a real estate gift agreement between spouses. Transactions on donations of real estate between close relatives, which include spouses, are not taxed.

You can contact a notary to draw up an agreement, but if the apartment is not in shared ownership, then you can register ownership of the spouse using a simple handwritten gift agreement without a notary

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:

1. By agreement of the spouses;
2. In accordance with the marriage contract;
3. 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:

1. 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.
2. 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.
3. 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;
• The act of acceptance and transfer of the apartment;
• A receipt confirming payment of the state fee.

Procedure

Signing a notarial agreement requires certain actions:

1. . As a result, common property is, as it were, distributed between husband and wife. Next, the document is certified by a notary.
2. 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.

There are often cases when a husband decides to transfer the apartment to his wife. The reasons may be different, such as: divorce, serious illness of the spouse, and there are also cases when, due to certain circumstances, the apartment must be registered to one owner. But not everyone knows how to do this. After reading the current article you will become familiar with all the nuances.

How to transfer an apartment to your wife while married

If the housing that the spouse decided to transfer to his wife was purchased by him before they entered into marriage. Either he received the property through inheritance or it was gifted to him, in which case it is recommended to draw up a gift agreement for his wife. It is worth noting that according to the Family Code of the Russian Federation, spouses do not need to pay tax if they receive an apartment by gift. This document is drawn up in simple written form. In accordance with the law of the Russian Federation, the gift agreement must be certified by a notary.

How to transfer a share in an apartment to your wife

There are two ways to transfer the share of an apartment to your wife. This is the execution of a deed of gift or a purchase and sale agreement. Often citizens choose the first option.

Step-by-step instructions for re-registration of a property share:

1. Provide the notary with the necessary documentation, namely:

• Passports of wife and husband;
• A document that proves that the share belongs to the spouse;
• Husband's consent in writing;
• A certificate indicating everyone who is registered in this apartment.

2. Next, the gift agreement drawn up by a notary must be signed by the husband and wife. This should be done on the spot, in the presence of an employee of the institution;
3. Payment of state fees and notary services, namely:

• For registration of a deed of gift you will have to pay 2-3 thousand rubles;
• For its registration 2000 rubles;
• The state duty is 0.3% of the housing share.

4. Also, spouses must sign a registration application;
5. The notary will need originals of all documents except passports;
6. Next, they will send all documents to Rosreestr or MFC;
7. Finally, you should pick up the contract from the notary. Also, the wife will be given a certificate stating that she is the owner of a share of the housing. It is worth noting that you must have your passports and all copies of documents that were previously issued to you by a notary.

What documents are needed to re-register an apartment for a wife?

To transfer housing to your wife, you should have the following package of documentation:

• Spouses' passports;
• Documentation confirming that you are the owner of the share;
• Written permission from all owners, which must be certified by a notary;
• Documentation from the cadastre;
• The agreement on the basis of which the donor received housing. This may be a purchase and sale agreement, as well as a certificate of inheritance;
• Extract from the personal account;
• Statement.

How to transfer an apartment to your wife without taxes

If the spouse wished to transfer the property to his wife before the formalization of their marriage or in the case when he received it by inheritance, a gift agreement should be concluded in favor of the spouse. This document is drawn up in simple written form. According to the Family Code of the Russian Federation, spouses do not need to pay tax if the apartment was received by gift.

After the death of the husband, re-registration of the apartment to the wife

The death of a husband is a serious test for a wife. Among other problems, she has problems with registration of housing. Often the spouse does not know what documents are needed to re-register an apartment after the death of her husband.

According to the provisions of the Law of the Russian Federation, property that was acquired during marriage belongs to the spouses in equal shares. The spouse has the right to dispose of his part of the housing as he wishes, but half of the spouse should be distributed among all heirs. To register inheritance rights, you must send the required package of documents to the notary. It is worth noting that this should be done within six months from the date of registration of death.

List of necessary documents for registration of inheritance rights:

• Original and copy of the death certificate of the spouse;
• A document indicating the husband's last place of residence. It is also worth indicating everyone who lived there at the time of death;
• Certificate confirming that you are married;
• A certificate proving that the property was purchased during marriage;
• Passport.

Re-registration of an apartment for a wife

Many Russian lawyers note that recently people often come to them regarding the issue of re-registering an apartment from a husband to a wife. Situations can be very different: from divorce of spouses to serious illness of the husband. In addition, there are cases when real estate is in shared ownership, but as a result of some circumstances should belong to only one person - in this case, the spouse.

Lawyers understand that all people dream of a transaction taking place as quickly as possible and entailing as little cash costs as possible. There is a requirement established by Russian legislation, and quite often this whole process takes a lot of effort and time. In addition, quite often annoying errors appear in property documents that no one noticed before, but which need to be corrected urgently.

Features of documentation

In modern legal practice, there are many options with which you can transfer an apartment from husband to wife. The possibility of problematic situations arising during the process of re-registration of an apartment depends on which method you choose. Do not forget that there are also tax payments, and their size depends on the method of re-registration of real estate that you consider most suitable.

In order to transfer his apartment to his wife, a man will need a number of real estate documents. This may include title documents for living space, namely, a contract for the purchase of living space and a registration certificate (only the original, no copies), cadastral (taken from a special department) and technical passports, identification documents of both spouses (only passports are accepted), and also an extract from the house register.

Property status

Before choosing the type of transaction in which the husband will transfer ownership of the home to his wife, it is worth clarifying the status of the property.

If you bought an apartment under a paid transaction while already married to your wife, then you should take into account that in accordance with paragraph 3 of Article 34 of the Family Code of the Russian Federation (and they are based on it), the wife has the right to half of the apartment.
Property acquired by spouses during marriage is the joint property of both spouses, regardless of whose name the purchase was registered in. In this situation, in order to transfer the apartment to your wife, it will be enough to conclude a joint property agreement with her immediately. Such an agreement must be in writing; the spouses must sign it and later have it certified by a notary.
The agreement must clearly indicate the object, the apartment, which the man decided to transfer to his wife, the parties - these are the spouses, as well as the conditions for concluding such an agreement - that is. After this agreement has been notarized, it will be necessary to submit it to the district department of the Office of the Federal Registration Service.
If the apartment that the husband decided to re-register in his wife’s name was received by him before they got married or was received during marriage free of charge (for example, through a gift agreement or by inheritance), then it would be best for the spouse to draw up a gift agreement .
It is noteworthy that, as stated in the Family Code of the Russian Federation, spouses, as immediate relatives, are exempt from paying tax when receiving real estate by gift. The gift agreement is drawn up in simple written form. According to the current legislation of the Russian Federation, it does not need to be certified by a notary. But still better.

Payment and registration details

In addition to the contract, the man also needs to have receipts for payment of the state duty. The entire package of documents, including this receipt, must be submitted by the spouses as soon as possible to the district department of the Office of the Federal Registration Service. There they should tell you the next course of action. In all cases, re-registration at the Office of the Federal Registration Service will take 30 days. After this period, the spouse automatically becomes the title owner and receives a certificate of title to the living space.
It is noteworthy that a gift agreement if the husband decides to transfer his apartment to his wife is the best option. In the event of division of property, the apartment will no longer be the joint property of the spouses. The property will belong only to the wife and will not fall under the division of property. The donation procedure itself is not the most complicated. It is extremely important that the donor at the time of signing the gift agreement (as well as other similar documents) is fully capable.
Another reliable option is the re-registration of real estate by concluding a purchase and sale agreement. If all the documents are completed correctly, then it is almost impossible to challenge the ownership of this apartment of the person in whose name the living space was registered.

This is also a minus for the person who gives it away. If it becomes necessary to return the property, this will be impossible, but upon concluding a donation agreement, the donor has the right to cancel the donation. There may be several reasons for this. One of them is if the one to whom the apartment was given, in this case the wife, decided to commit an attempt on the life of her husband, who transferred his living space to her, or to his relatives. The donor may legally demand cancellation of the contract if the recipient, in his opinion, is damaging the apartment. Many Russians, when drawing up a gift agreement, make sure that this document contains a clause according to which the right of cancellation may be stipulated if the man survives the donee.
There is one more important point. If you are going to gift residential property to your wife after a divorce, she will have to pay a tax of 13% of the assessed value. In this case, it would be much more expedient to draw up a Property Division Agreement, in which you can indicate that the property (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, it must be executed by a notary, and only then will your spouse be able to apply to the Office of the Federal Registration Service to obtain a certificate of ownership of the apartment.

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. Method 2. Conclude an agreement on the division of common property 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.

That is, it is not enough to simply transfer your house or apartment to someone. We still need to properly re-register the change of ownership.

Only after making the appropriate entry in Rosreestr does the new owner have the opportunity not only to own and use the property, but also to dispose of the property at his own discretion. The owner can re-register his property to absolutely any person; family ties do not matter here.

Transferring an apartment to a relative is usually required in cases where the person is not too close a relative to inherit by law or there are other applicants besides him. In addition, the owner of the apartment in such a situation is absolutely sure that the person he chose received the housing.
There are quite a few ways to alienate real estate and you should choose based on specific circumstances.

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.

  d. (everything must be listed);

• home address;
• number of floors;
• material of manufacture;
• total area;
• cadastral number.

Info

How to re-register an apartment in the name of my wife if the property is under a mortgage? If a loan for an apartment was taken out by a married couple, then both spouses are co-borrowers on the mortgage. Before transferring the apartment to your spouse, you need to obtain consent from the bank.

Instructions 1 Collect documents confirming ownership of a share of the apartment. Without them, the gift agreement will not be considered valid.

First of all, you will need a certificate of registration of ownership of the share of real estate that is the object of the gift. It is also necessary to attach to the package of documents an extract from the house register for the apartment in which the share is located, the original and a certified copy of the cadastral passport and a notarized statement from the spouse of the donor that she (he) has no objections to the transfer of the share of the apartment to property to another person.
2 Fill out an agreement on donating a share of an apartment, a sample of which can be downloaded from specialized websites on the Internet or obtained from the department of the Federal Service for State Registration, Cadastre and Cartography at your place of residence.

After which the right of common joint property passes into the ownership of one of the spouses. These actions are also subject to state registration.

• Third way.

  A husband and wife, in accordance with paragraph 2 of Article 38 of the RF IC, draw up an agreement on the division of common property, and the agreement must be notarized. As a result of such a division, the spouses determine their shares in the right of common property.

  Then the procedure specified for the first method is applied.

How to re-register an apartment after the death of my husband? If, after the death of a relative, it is necessary to assume the rights of an heir, then you should contact a notary. You are required to complete an application and provide relevant documentation.

How to rewrite a share in 2018

How to re-register an apartment for your spouse. Content:

• 1 Basic legislative aspects
• 2 How to determine the option of the transaction being carried out during re-registration?
• 3 Procedure for transferring an apartment
• 4 Nuances of the manipulation performed

Basic legislative aspects How to choose a method for re-registering an apartment to your wife? Photo No. 1 Issues relating to the transfer of property rights from one person to another in Russia are regulated by many legislative acts. In the topic we are considering, it is most relevant to consider some provisions of the Family Code (FC) of the Russian Federation. Based on the information presented in this code, the method of transferring an apartment from a husband to his wife is largely determined, which is important to take into account. First of all, let us turn to paragraph 3 of Article 34 of the RF IC, which determines the status of property belonging to a particular family.

Error 404

The disadvantage of this approach is that the division agreement implies a certain balance, that is, in order to recognize one of the spouses as the owner of the apartment, it is necessary that the other be assigned equal property (for example, a dacha, a country house, an expensive car). Otherwise, the transaction may be recognized as enslaving, that is, clearly unfair for the party and, as a result, the apartment may again become common property.

1. Re-registration of an apartment using a marriage contract.

The procedure is as follows: - drawing up a marriage contract, which indicates who will be the sole owner of the apartment (one of the spouses); - certification of the marriage contract by a notary; - submission of documents to the MFC/Rosreestr (see how this is done in paragraph.

1); - waiting for registration; - obtaining an extract from the Unified State Register with data according to which one of the spouses is the owner of the apartment.

How to re-register an apartment from a husband to a wife?

At the same time, his son lives in a one-room apartment with his family and children. You can simply change places of residence, but the lack of ownership complicates situations where the presence of the owner is required. As a result, the father and son enter into an exchange agreement, exchange housing and register the transfer of ownership of the housing. The exchange agreement is drawn up according to the same structure as the DCT. The difference is that the two objects of the transaction are indicated and to whom which object is transferred. Also in the payment section it is indicated whether the exchange is equal (without additional payments) or whether one of the parties must pay an additional amount. For your information! The exchange transaction can only be carried out by the direct owners.

In this case, exchange is impossible if at least one of the objects is under encumbrance. Methods of transfer after the death of the owner After the death of the owner of the apartment, property can be received by law or by will.

You can pay rent for a long time, take care of the owner of the apartment, and then the deal will be canceled for failure to fulfill the conditions and you will not be able to return the money spent. However, annuity may be acceptable in cases where the owner is already dependent on a potential successor.

For example, an elderly woman lives with her son, who takes care of her. Of course, you can simply give your son a home, but it is unknown what will happen in the future.

In this case, it is advisable to draw up an annuity agreement, stipulating in it the son’s obligation to care for his mother. An annuity transaction is also subject to state registration. The apartment will remain under encumbrance until the death of the renter.

Exchange agreement An exchange agreement is appropriate when the owner of an apartment wants to transfer it to a relative, but he has no other housing. For example, my father has a large three-room apartment in which he lives alone.
After the death of the apartment owner, property can be obtained by law or by will. In the first case, the first-degree heirs are the spouse, children and parents. They inherit the apartment, as well as other property, in equal shares. If the testator wishes to leave his home to another person or a relative of another order, he needs to draw up a will in his favor. Content:

• How to transfer an apartment from husband to wife while married?
• How to transfer an apartment to your wife and do it correctly - all the nuances of the procedure
• How to re-register a share in an apartment
• Error 404
• How to re-register an apartment to your spouse.
• Details of donating a share of an apartment to your wife
• How to transfer a share of an apartment to your wife in 2018

How to transfer an apartment from husband to wife while married? The main thing in it is that the right of inheritance belongs to the spouse.
How to transfer ownership of an apartment from husband to wife: necessary documents To transfer the apartment to the spouse, the husband needs to prepare the following documents:

• passport of husband and wife;
• an extract from the house register, certified by a notary;
• technical passport and cadastral passport of the apartment;
• certificate of registration of ownership;
• home purchase agreement;
• agreement on the transfer of an apartment from husband to wife;
• marriage certificate (or divorce certificate);
• an application from the wife to obtain the right to property;
• apartment transfer/donation agreement.

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.