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.