Advice 1: 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.
How to give the apartment wife
Instruction
1
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.
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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.
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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.
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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.
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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.
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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 2: How to donate part of the apartment

Often there are situations when the apartment owner wants to give her part to another person - a family member or loved one. In contrast to the donation of the apartment, the donation part is especially due to the fact that the apartment is often indivisible object.
How to donate part of the apartment
You will need
  • - certificate of ownership;
  • - technical passport for the apartment;
  • reference about registered persons in the apartment.
Instruction
1
To execute deed to the part of the apartment, first determine whether it is a gift of a share in the apartment or a specific gift of the apartment, for example, of the room. Equity owners do not own their part ofth apartment they jointly own common room, while the share in the right of every owner of virtual – it is not expressed in specific areas.
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The donation of a share in the apartment, decide what percentage of the donee. The proportion is expressed as a fraction: 1/3, 1/2, 2/3, etc. Prepare the above paper. The documents required for state registration in the territorial Department of the Federal service for state registration, cadastre and cartography (FRS) of your region, carrying out state registration of real estate transactions and a leading register of rights to immovable property.
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In addition, make four copies (one for service tax, one for FRS and one for the donor and the donee) deed of gift of a share in the apartment and the act of reception-transmission. These two documents are drawn up in simple written form and does not require notarization.
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Then, together with the donee pay the state fee for registration of the transfer and the registration of the new owner to share in the apartment. Sign and submit the state registration of the contract of donation with the application of the above documents and payment of registration fee.
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Another option is giving the apartment to give room. Based on the requirements of civil law and explanations given by the Plenum of the Supreme Court dated 24 August 1993, No. 8, giving room perhaps, if it is highlighted by the redevelopment and conversion of apartments for insulating this room and the utility room is in the first place, bathroom and kitchen.
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Make a donation to the room, if it is isolated in nature, carried out in the same manner as the gift of a share in the apartment. But the apartment in this case will be the joint property of the donor and the donee – each will own a specific partof Yu.

Advice 3: How to arrest the apartment

The arrest of the apartment is a necessary measure to safeguard property lawsuit. Its main goal is the preservation of property and ensure further enforcement of the judgment regarding the property. The arrest imposed by the court upon application of any of the parties to the process. The judge makes a decision on securing the claim without hearing the parties. Arrested the apartment will be reserved at the stage of the trial from the possible actions on its alienation (sale, donation, etc.).
How to arrest the apartment
Instruction
1
If you are already in the stage of the proceedings relative to the disputed apartment, submit to the court the petition for arrest of the property in the form of a security statement. If there is no trial, you will need to file a lawsuit to the court together with a statement about the seizure of disputed property. The complaint as a petition for arrest is served at the place of residence of the defendant.
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Make a statement on the claim. In the header write your judicial area and the name of the judge hearing the case. Specify the location of the disputed real estate, which you ask to seize. Also if you have a copy or original of the certificate on registration, fill in the application number of that particular title document.
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Justify its demand for the arrest of the apartment. When writing an application it is desirable to specify the facts (evidence) that the opposing party intends to make the apartment any actions on its alienation. In the absence of direct evidence refer to the General requirements for injunctive relief.
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Making a statement on the arrest of the apartment, keep in mind that interim measures by the court in the current process can only be taken in the amount of extended claims or counterclaims. Also apartment subject to arrest, cannot claim the rights of other persons not participating in litigation. For example, if there are disagreements regarding the apartment where the dispute is only a fraction of law, the court may not be imposed a lien on the entire property. In this case, mark the statement in question share in the right.
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Apply to the Secretary of your judicial district and endorse for your copy of the fact of reception of the petition. The court will consider during the day your statement about the claim, and the arrest of a controversial apartment will be imposed.

Advice 4: How to return the donated apartment

Is it possible to return back the apartment, recklessly presented to a family member or friend? Not easy, but possible. The current legislation provides a number of grounds on which the donation contract can be cancelled or declared void. And even in the absence of these specifically stated reason, you will be able to try to defend its position in court.
How to return the donated apartment
You will need
  • A good reason to cancel a donation, documented.
Instruction
1
Keep in mind, the most reliable way to regain presented apartment is "amicable" agreement with the current owner that he voluntarily gave you the right of ownership of the living space. To legalize the transaction will be like a donation contract (i.e. people will give you a flat "back") and a contract of sale. If the current owner to return your former property does not want to, get ready for a difficult court battles.
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Examine the current Russian legislation. In particular, in Chapter 9 (paragraph 2) of the civil code contains a list of grounds on which prisoner you once the transaction may be declared invalid. In article 578 of the civil code States the grounds on which you will be able to judicially request the annulment of the contract of donation. If the reasons why you want to return the apartment back, these lists are not included, and if the statutory period of limitations for the cancellation of the contract donation / recognition of the transaction invalid has expired, to start (let alone win) the trial you will be very difficult.
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Don't forget that you have a reason to cancel a donation (recognition of the donation contract invalid, the apartment) has to be confirmed by documentary evidence — certificates, acts, protocols, medical reports, witness statements, etc.
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Do not regret forces and means, on advice from the specialists. Reasons why you require the return of the apartment and the weight of the collected evidence must to analyze and evaluate a highly qualified lawyer, and not "experts" on projects like "Ответы.Mail.ru". A preliminary consultation with a General assessment of the prospects of the case, of course, can be obtained for free by phone or online on the websites of law firms or in various specialized forums. But if you really want to return the donated apartment, be sure to hire a high level lawyer is a trained professional may be able to find ways to win, even if at first sight it seems hopeless.

Advice 5: How to buy married

According to article 256 of the civil code and 34 SK the Russian Federation all property acquired in officially registered married, is the common property of the spouses. So it does not matter how, with what money and who will purchase the apartment. It will be commonly shared property and belong to spouses in equal parts.
How to buy married
Instruction
1
If your marriage is officially registered, you can buy an apartment on the overall funds on their own savings, a loan, in installments. Place your property on the properties for you, spouse, both it does not matter. The apartment will still belong to you in equal parts, regardless of who invested, who worked, and who was dependent on.
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If during the marriage you gave to the apartment, bequeathed or you have received an inheritance according to the law, the property will belong only to you. This category of property not subject to division upon divorce. But if the gift, bequest or inheritance has been more than 5 years and during that time the apartment was made major, costly repairs to common money, when you divorce your sole right to the estate can be challenged in court.
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In another case, if the marriage is not registered officially and the couple live, not being lawful husband and wife. In this case, to purchase an apartment on General funds and to issue ownership of the two in equal shares. Or buy for your own cash or credit and issue to those who purchased.
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But even in this case, if the marriage is not registered and the apartment belongs to one of the civil partners, and the second makes a significant own funds, for example, for credit, for debt or for accommodation, if you break up half of the apartment you can get legally through a judicial execution.
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If the apartment is acquired before marriage, it belongs to the spouse who bought it. During the current marriage can be arrange marriage notarial agreement by mutual consent of the spouses. That is, you can buy an apartment on their own money, place the title, to go with the spouse to a notary and voluntarily sign a document stating that the apartment in the divorce section is not subject and will be the sole property of the spouse who acquired it.
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