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 give the apartment wife
Buying an apartment before marriage, many make out the title. Later, registering a marriage, some men are prescribed wife in their apartment or renew a ½ ownership right on her. But there are cases when the husband gives his wife an apartmentand then a number of questions arise on the validity of the transaction.
To give an apartment to his wife we must first acquire her in sole possession. Signing the contract of sale and having the certificate of ownership on hand, you can make any transactions with real estate belonging to you. In particular, to give, to sell, transfer by inheritance.
To give an apartment to his wife, you need to make a deal. A document confirming your intentions, is called the deed of gift. This relationship is regulated by law and requires compliance with certain conditions and requirements of the law.
As a gift husband sends his wife his right of ownership on a specific apartment free of charge. The document prescribes the value of the apartment, the rights and obligations of the parties, the term of the agreement, dispute resolution and other aspects. For example, you can negotiate the confidentiality of the transaction at the stage of its execution. From the moment of registration of the donation contract you forfeit all rights to the apartment. However, in the event of a divorce if you can prove to the court that made the apartment a significant change in your account or on your own, the apartment will be returned to you by right of ownership.
This contract is subject to state registration in the registration chamber (the Unified state register of rights to immovable property and transactions with it). The registration procedure is mandatory and required by law. You will have to pay the bill for 1000 rubles for registration of the contract in any branch of the Bank. It is a statutory public duty. Documents submitted for registration of the transaction, considered by experts within one month. After that is issued the certificate of ownership of the wife.
Her husband, who presented an apartment to his wife, it is not necessary to pay personal income tax, as the transaction under the law is considered unpaid. The spouse is also exempt from tax. Before you make a decision about donation, find out the circle of heirs at your home, the number written in it. The apartment need not be pledged, arrested or is in common ownership with participation of minors.
Also to give an apartment to his wife can, by the marriage contract. It spells out all the issues regarding the marital property. In this case, after a divorce, the apartment remains in the ownership of the wife and the husband loses the right to ownership of property.
Advice 3 : 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.