You will need
- - passport;
- - documents for the property;
- - the contract of donation.
If you are planning to give all the property to his wife, then create a written or notarized contract of gift. A way to transfer my share of the property used, in an extreme case, because there are more common methods to leave his wife her share of the estate is to arrange the marriage contract, by which all the property will belong to the wife or approach a notary to write a will on her share of the estate.
If you still want to transfer his share of property acquired in a registered marriage, by registration of the deed on the wife, you need to allocate a share in kind or in percentage, make a donation contract on the wife and register it in PPRC. Wife is going to be properties donated property which will not qualify the other heirs of the first stage, which includes children and parents. This method of transferring property is relevant only in the case if you have children from another marriage.
If you acquired the property before marriage or received it in inheritance, it is not the common property of spouses and you have the right to give it to anyone, including his legitimate wife.
For donation any kind of property prepare legal documents, cadastral extract and copy of cadastral plan, if you transfer a gift of real estate. Enclose notarized or written gift agreement. If you were gifted property, contact PPRC and register the right of ownership of the wife.
The wife during the joint lives have the right at any time to enter into a marriage contract to include all property that is owned by one of them. This is an alternative version of the transfer of property of a husband to his wife along with the donation and bequest.
Advice 2: How to make the deed to share
Donation involves the donation of assets of the donor - donee. The donee has the right to accept a gift or refuse it. No obligations to the donor from the donee does not occur. When making the donation contract to share property need to undergo a series of legal procedures.
You will need
- -identity documents of all parties involved
- -title deed for the house
- -title document land
- cadastral passport in the room and discharge certified by a representative of BTI
- cadastral passport for the land plot (if you give a share of the house)
- permission from all owners or the court's decision on the allocation of your share)
- -permission from the legal representatives of minors and incapacitated
- -the donation contract drawn up and notarized
- -statement by the donee for registration of ownership rights
- help all spelled out for housing
First, the donor must be evidence about the General share ownership of the present property. If not, then you need to register. If it is, then the documents need to be updated, because the shelf life of the cadastral passport to housing – 5 years. Call the technician from BTI. Based on the inspection of housing you will make a new technical paper on it. The donation of shares in the apartment, with a technical document, you must go to the registration center real estate for all homeowners. There you will be given a certificate of right to property.
If you give share in the house, it is necessary to obtain a technical document, not only at home, but also a cadastral passport for the land plot. To do so, call the organization for land management. They will produce the required amount of work and will give you the technical documents on the site. They should be treated in the Rosnedvizhimost'. On the basis of technical documents your site will register and will make him a cadastral passport for it. All documents and all owners should contact the state records center. There you will receive the documents on the right to ownership of the house and the land.
Just take permission from all owners of the property giving your share. Prepare and assure him that needs a notary. If you give your share in the property of the participant of the General share property, then permission from the other owners is not necessary. If other owners are not allowed to give you his share of the commonly shared property, refer the case to the court on the allocation of your share of the property. After the separation of its share – permission for donation from other owners is required.
If the owners are minors or incapacitated citizens, the consent to donation should give their legal representative.
After all documents are collected, please refer to the notary for conclusion of a contract on donation of a share of property.
All documents and the contract of donation should contact the registration center for registration of real estate. There the donee will issue a certificate on property donated property.
Advice 3: How to apply for their share of the inheritance
One can become heir under the will or by law. Any right of inheritance must submit an application to the notary about the desire to accept the inheritance within 6 months from the date of death of the testator. If inheritance is a will, each heir receives his share according to his will. If there's no will or inheritance is made by law, all property is divided among the heirs equally.
You will need
- -certificate of testator's death
- -certificate from the place of residence of the testator
- -a document confirming the kinship with the deceased
- -the will (if any)
- -documents of title to immovable property
- help BTI on the value of the property and the plan of the building or apartment
- -extract account
- -excerpt from the book
- -certificate from tax inspection
- -a certificate from housing Department
To obtain their share of inheritance, after the death of the testator to apply to the notary at the location of the most valuable part of the inheritance. Write a statement about the desire to enter into the rights of the heir and to submit documents for inherited property, the documents of the testator and proof of relationship to the testator. To do this, you should not later than within 6 months from the date of death of the testator. If this time skip, then take his share of the inheritance will be possible only in a judicial order.
After the documents are submitted to the notary, he gets the estate and after 6 months gives each heir certificate of his share of the inheritance. It needs to be registered at the registration centre and to obtain the ownership certificate. But all this happens when the heirs can agree on the division of the property peacefully.
If the heirs cannot agree among themselves, and someone believes that he laid a large share, it must submit an application to the court on the division of the inheritance among the heirs in court.
If the inheritance feature will and it contains only names, which can inherit property, it is divided among the heirs voluntarily or through the courts. If one of the heirs does not want to join the law of inheritance, he writes a letter of refusal to accept the inheritance, and indicates in whose favor to transfer his share, and if not points, then his share to be divided among all the heirs equally.
The certificate of inheritance cannot be obtained after 6 months in that case, if the light should have another heir, who was conceived during lifetime of the testator. In this situation, all the heirs are forced to wait for the outcome of childbirth, and only then to divide the inheritance.
In cases where a will is drawn up, the heirs specified in the will but not listed minors, incapable or partially capable, then they have a right to a share of inheritance, regardless of the fact that in the Testament they are not mentioned.
Advice 4: How to make the deed to the plot
Deed of gift for the land plot is issued in accordance with the Civil Code of the Russian Federation article № 572. The donation of property from the receiver and the giver does not arise in relation to each other no duties. The property becomes the property of the receiver through documentation and registration in the national centre of unified registration of real estate. The land plot is transferred absolutely free of charge.
You will need
- -passport of the donor and bestow
- -documents of title to land
- -extract from the cadastral passport, cadastral plan, the certificate of the cadastral value
- -notarized authorization from all owners
- -deed of gift
- -a statement in regcenter on behalf of the giver and the receiver
- receipt about payment of state duty for registration
- -personal notification of tax authorities about the transaction
To give a land plot can only its owner. If the rights of ownership of, any legally significant transactions, which include gift, can not be made until the registration of documents of title.
For registration of land ownership need to invite the land use organization for maintenance. On the basis of the work performed will be obtained technical documents that should be registered in a Central land registration, cadastre and cartography, the plot is put on the cadastral account and take out a cadastral passport for it. An extract from the cadastral passport and the documents of title to land must apply to the state cent of the registration of real estate and obtain a certificate of ownership. After receiving this document, you can give the earth.
For the transaction of donation to draw up a contract of donation. It relates to the legal documents. For gift property, none of the parties do not have obligations to each other and responsibility for the transferred property, to conclude the contract of donation in the simple written form or by a notary. If the contract is concluded at the notary office, the notary takes 6% of the value of land, but in the case of loss of the document you can always get a copy of it. For the registration of a notarial contract, in addition to all of the received documents, you must submit a certificate of the cadastral value of the land.
If the plot is jointly owned by the spouses, for the transaction of giving their children permission from the other spouse is not required. If the station is commonly shared ownership together with other persons, required notarized authorization for the transaction from all the owners, if the share of each is not isolated in nature. The split in court shares the resolution of other persons in the donation of land is not required.
For registration of the transaction at the national centre must submit the contract of donation three copies, passport of the donor and the donee, an extract from the cadastral passport of the plot, the cadastral plan and the certificate of the cadastral value.
When contacting the registration center must submit an application on behalf of the donor and the donee. The request must be in place on the form a standardized form. After which ownership rights are registered in the name of the donee. The land becomes his property.
If the transaction of gift is enclosed with close relatives, the tax is not paid for it. The donation to distant relatives or strangers you need to pay tax for the donation, which is 13% of the cadastral value of land.
In any case, after the registration of property rights bestowed on a person, you need to contact the district tax office and inform about the transaction and the transfer of ownership to another person.
Advice 5: How to revoke the deed to the apartment
To revoke the deed to the apartment is very difficult, because you need proof that the contract was declared null and void. You need to find irregularities in the process of legalization and registration of the contract of donation. The law stipulates only a few of the reasons why you can cancel the contract of donation, this is dedicated to article 578 of the Civil code of the Russian Federation.
You will need
- — the donation contract;
- — application challenging the gift deed in court.
The donee can give the property back to execution and state registration of the contract of donation. Refusal of the gift must be made in writing. If the contract of donation was formalized in a notarial form, the waiver also should be notarized
After registration of the deed of gift to the apartment and its state registration, the contract of donation may be terminated only in the following cases:— when the receiver will make an attempt on the life of the donator or members of his family; deliberate causing to the giver of grievous bodily harm.— if the ratio of the receiver to the thing, which represents to the donor the value, creates threat of its loss.
In the case of death of the decedent to challenge the deed of gift may be his relatives and heirs. Giver yourself at any time may challenge the deed of gift, for only to him known reasons. To challenge the deed of gift can one spouse in the jointly acquired property, if the contract of donation was concluded without his permission. You can revoke the gift of the apartment, if the property in pledge, or on the rights of any third party.
The contract of donation of gratuitous deal. The receiver must not give the donor anything in return gifts of property. In case of cancellation of the contract of donation, the thing must be returned to the original owner. To revoke a donation you can go to court with the claim about cancellation of the contract of donation. Attach to the claim all documents confirming violations in the process of concluding a dedication to the apartment, if any. The court essentially laid out your requirements to revoke a donation based on your arguments.
In case of death of the donee if the condition prescribed in the contract, it is possible to return a gift of property to the donor. In this case, the revocation of the gift does not happen automatically, the donor may use or right to cancellation of donation. If the donor does not exercise its right to revoke the gift, the gift passes to the heirs of the donee.
For cancellation of the contract donation, you should contact an experienced lawyer or notary, because on the basis of judicial practice, it is very difficult to prove the nullity of the contract of donation and to recognize the transaction invalid.
Advice 6: How to make a marriage contract
The Family code of the Russian Federation provided two options for the disposition of property and finances in a married couple: legal and contractual. In the first case, the husband and wife have equal rights to marital well-being. Second, the spouses enter into a special agreement that gives each certain material values and money. The legal force of such an agreement, called "prenup," is after both parties have signed in the presence of a notary.
You will need
- - original and copy of certificate of marriage (for spouses, registered the marriage) ;
- - original and copy of birth certificate of the child;
- - original and copy of the certificate of ownership of real estate, land, vehicles and other property of each spouse.
Discuss the possibility of concluding a marriage contract with the husband (wife). The agreement is strictly voluntary for both parties. Prepare to have your "second half" will need time to decide. Do not rush the husband (wife) give the opportunity to calmly reflect on. Encountering resistance, do not press on the person. To return to this issue later. The law allows the conclusion of the agreement before the wedding (will enter into force after the official registration) and at any time after receipt of the marriage certificate (acquire legal completeness from the moment of notarial certification).
Make a list of questions you want to reflect in the marriage contract. The content of the agreement between spouses is always individual and depends on the variety of available material assets, income and expenses of each, the presence of minor children, etc.
In a prenuptial agreement, you can include the following issues:- rights and duties of husband and wife by mutual content;- order of participation of each spouse in the total income and expenditure;- the rules for the division of property upon dissolution of marriage;- the right to property, which is only planned to the acquisition;- personal responsibility of the spouses on deals with the use of loan funds;- the share of ownership of each spouse in joint business, etc.
Watch out when preparing the text of the marriage contract over the observance of three major conditions:1. All provisions of the agreement only regulate property issues, without touching on the personal relations of spouses and their duties towards children;2. The contract may not limit the capacity of the spouses and their right to appeal to the court to change the agreement in their favor;3. It is unacceptable to include in the contract the items that are contrary to the principles of the Russian legislation and putting one of the spouses is clearly disadvantaged.
Decide on what term you are entering into a marriage contract. This can be the entire period of the marriage, or a specific time period, for example, before the onset of any significant family events. The contract can be terminated at any time by mutual consent of the spouses.
Visit the legal advice and talk with a specialist in family law. Based on the specific situation, it will tell you what items you need to include in the contract more, and what to remove or change. In the end you will have a draft of the marriage contract, which needs to be notarized.
Contact the notary office for giving your prenup legally binding. In addition to the project contract you are required to present legal documents: certificate of marriage (if applicable) and a copy of the birth certificate of the children and copies of the certificate on the property right on real estate, land plots, transport, etc. and their copies. Having considered the draft Treaty, the notary will approve it subject to all requirements of the law.
A marriage contract may be declared void if its provisions conflict with the Civil code of the Russian Federation or significantly infringe the rights of a spouse.
Advice 7: How to make a will in Ukraine
Under the inheritance refers to all the property that belonged to a man in life as property and to be divided between relatives and other named in the law of persons after his death. It is divided between the heirs either by law or left according to the will.
To make a will in Ukraine you can apply to private or state notary. Before the visit, make a deed of Covenant in accordance with the requirements of articles 1233 - 1257 of the Civil code of Ukraine.
It would seem that everything is simple, however, any inconsistency of a will with the current legislation of Ukraine cancels it. The first paragraph of item 157 as amended by order of the Ministry of justice of Ukraine dated 07.04.2005 No. 33/5 States that the document must be issued in written form with the obligatory indication of place and time of its preparation, the date and place of birth of the testator. Sign the forms personally in the presence of a notary.
Bequeath any property on which there is a right of ownership. When placing the document on Ukraine to consider a few important points: a will can be drawn from the words of the testator, his representative or directly by the notary, however, the right of signature for the testator, required the presence of witnesses, confirming that the content was read before being signed.
The document may issue any citizen subject to its full capacity, it can only come from one person, in other words, if devised property belongs to several owners, to dispose of it alone is impossible, you must either order from each owner, or the allocation of shares and the transfer by inheritance of this share.
Remember that any bequest may be restricted by law forced heirship (article 1241 Civil code of Ukraine). There is a category of heirs, which cannot be deprived of a share in the inheritance, these include minors and disabled close relatives (children, parents, spouses).
To administrative act cannot be challenged, lawyers are advised when making a will in Ukraine to seek confirmation of the legal capacity of the testator (e.g., testimony, data, medical examination). In order to avoid disputes in the enforcement document, it is recommended to clearly define how details of the devised property, as well as the identity of the persons inheriting it.
It is important to remember that not notarized a will has no legal force, and this means that despite its presence, the inheritance shall be divided according to the law.
Advice 8: How to make the deed to her husband
If you want to make her husband a gift in the form of real estate property or car, you need making a donation. This is a special type of transaction that is not contested, unlike the contract of sale or bequest. As a result, the property will be wholly owned by the donee. Make a donation contract in strict accordance with the law, to avoid future possible problems.
When you make a donation to her husband without the extra clearance of the relevant documents (marriage agreement) it turns out that the husband gives himself part of the property, and so belong to him, as in marriage all property is joint. These transactions do not meet the requirements of the legislation. And therefore for registration of the deed on her husband's stick to the current practice of donation between spouses.
In accordance with paragraph 1, 2 of article 34 of the Family code, any property acquired by the spouses during marriage is their joint property. Ie if a spouse wishes to make gifts for husband on jointly acquired property or assets, it is necessary to follow a few rules.
First, you can get a prenup and in it set the mode of the joint property, for example, separate or shared, in any property, or to specific types.(article 34 of the RF IC). This type of contract needs to be notarized. You will need to pay a fee for registration of the contract and the notary.
Second, you can set the mode of the personal property on the basis of the marriage contract. After that make a deal of gift to husband. You can conclude it in written or oral form. But the donation contract is subject to obligatory state registration. Taxes in these types of transactions are not paid, because the property was received from a close relative clause 18.1 of article 217 of the tax code.
If you wish, you can also divide the property under the agreement of paragraph 2 of article 38 of the RF IC. In it, you can specify the types of property that you want to share. For example, if you are going to issue the deed to the apartment in the agreement, write the partition to the parts of the property. At your request, this agreement may be notarized. Thus determined the share of each spouse, which will be registered at the fed. And then you can give your share to her husband, having her deed.
Advice 9: How to make the deed for money
Deed – grant deed of gift by which a person transfers or agrees to transfer subsequently movable and immovable property, securities or money. If the subject of the contract is money, the state registration of the transaction is not required. To enter the money you can and without the presence of a notary.
The law says that money is property value, as well as securities can be the subject of a contract of donation. Article 574 of the Civil code it follows that it may be concluded both orally and in writing. Oral presentation on the money is the real gift, which is accompanied by a transfer of funds in the hands of the donee. A party to the contract of donation can be any subject of civil law, including citizens and legal persons.
In the case when we are talking about the amount of money you have the right to verbally certify its decision to transfer them in the presence of the three persons and send them to bestow upon witnesses. Note that the agreement bestows a prerequisite. In addition, if the amount of money is large enough, you can attach to it the documents confirming their origin.
When, by mutual agreement with the person to whom you want to give money, you decide that it is necessary, conclude an agreement of donation in writing. A written gift agreement, you can notarize, but not required by law to do so to the persons involved in the transaction.
If you will draw up a written deed to money without a notary, make a contract in two copies and put on it two signatures of the donor and the donee. Confirmation of the transaction will be an act of acceptance-transfer of money, which will have two signatures.
The presence of a notary may be required when the amount is large enough or may be the subject of a property dispute. When the deal attracted by the notary, the documents are made in triplicate, and their signatures on the contract and the act you put down in the presence of a lawyer. The third signature on the documents as his witness.
Note that it is impossible to make the deed to the money if it provides for the transfer of this sum after the death of the donor (section 3 of article 572 of the civil code). In this case the gift will be issued in the form of the will.
Advice 10: What to give wife for the birth of a child
The birth of a child is a happy event in the family, which should not pass without gifts. The main surprise already gave you your spouse, so you should definitely thank her.
It is not necessary to give to the wife for child birth?
If your significant other gave birth to you daughter or son, you should not give her items that will be useful for the baby. Diapers, undershirts, other clothes, personal hygiene items, dressers, changing tables, high chairs, walkers, jumpers and toys - all this, of course, will be a gift, here is just it will not be your favorite woman and your newborn child.
What you can buy in a gift to his wife who gave birth to a child?
First and foremost, you can pay attention to useful gifts that will help your spouse to restore your body after childbirth. In this case, would be appropriate subscriptions to spas, fitness clubs, massage, gift certificates for cosmetics and perfumes, as well as shapewear.
The second option may be gift basket with various fruits and different varieties of tea. Remember that after the birth your wife will have to limit their consumption of some products, so if you decided to give her something to eat, you can exclude from gift chocolate, coffee and some fruits that are forbidden for lactating mothers.
In addition, beloved wives for the birth of children can give beautiful jewelry. The son usually present the ring, and for the daughter - earrings. You can also go shopping together with your partner and allow her to choose a dress that she liked.
To any gift intended for the woman he loved that gave you a charming toddler must be accompanied by flowers. Certainly over the years of your life you have already learnt the tastes of your other half, so choose a bouquet that will have her soul, you will have no difficulty. You may not even be limited to one bouquet and plenty of fresh flowers and to decorate the whole house. Perfect rose petals in the bathtub filled with foam and warm water. From a romantic evening your spouse will definitely be happy.
And remember that the most precious gift you can give to your beloved wife is your attention, care and help around the house. After childbirth a woman has very difficult, especially, need to take into account the fatigue that occurs because of the constant baby care. Be patient and gentle with your partner, help her cope with the baby, only then your family will reign harmony, peace, harmony and love.
Advice 11: In whom it is possible to make the deed
Such civil transaction as a donation, is regulated by Chapter 32 of the Civil code of the Russian Federation. Deed of gift – a contract in which the giver transmits to the receiver the property in the property free of charge. Like every contract, deed of gift must be executed correctly, so that later it was impossible to challenge.
Features of the donation contract
The subject of this contract may be any belonging to the donor property, including real estate, not limited in turnover. As a donor may be any natural person. To make the deed has any legal or physical person, and even several individuals. However, in this case, in order to avoid subsequent disputes and litigation, the contract of donation it is advisable to specify the shares in which the receiver is passed to this property. This deal is two-way, because little of what the donor expresses the desire to give someone, this "someone" also needs to be the second party of the agreement and confirm their readiness to receive this gift.
The donation contract may be concluded in a simple written form and does not require notarization. But in the case when the gift is property – a house, apartment or land, the deed of gift should be registered in territorial body of Federal registration service on the location of the property. The transaction will be completed only after the state registration of the transfer of ownership and receipt of the donee of evidence of this. Prior to registration of the transfer transaction can be cancelled by one of the parties at any time. After the property became the property of the donee, cancel the gift contract is almost impossible.
For registration in the organs rosreestra will need to submit originals and copies of passports of the donor and the donee, three copies of the contract of donation, receipt of payment of state duty. If the gift is property, the documents need to enter title and identification documents on her.
The taxation of transactions donation
A gift can only be transferred with the property, but not the monetary amount. Therefore, from the moment of registration of the transaction at the receiver is obliged to pay to the budget the tax to incomes of physical persons-13% of the value of donated property. But since the family is the cell of society, accumulating wealth, according to article 217 of the RF Tax code, tax exemption for family members of the donor or his close relatives, acting as receiver are exempt. In the category of family members and close relatives under the Family code, include the spouse of the donor, his parents and children, including a ward or adopted. This category also includes grandparents, grandchildren, brothers and sisters, as full-blood and relatives of the father only or the mother.