How to make the deed to her husband

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.