You will need
- - documents of title to the apartment (the contract of purchase and certificate of registration);
- - cadastral and technical passport;
- - identity documents of the spouses;
- - excerpt from the book.
Before selecting a type of transaction that you will make a transfer to your spouse ownership rights to the apartment, check the status of the apartment at the moment. If the specified property was acquired by onerous deal in this marriage, the wife is in fact entitled to ½ of the right of ownership of the apartment. Since, in accordance with paragraph 3 of article 34 of the family code, property acquired by spouses in marriage is the joint property of both spouses regardless of whose name has been purchase.
In this case, for registration of transfer of the apartment to the spouse, enclose with it the agreement on section jointly acquired property. The agreement is in writing, signed by both parties and authenticated by a notary. The agreement outlines an object – apartment, side – spouses and conclusion condition – free transfer of property rights. A notarized agreement is available in the district Department of the Federal registration service for registration of transfer of ownership.
If the flat purchased by the husband until marriage or was received by him in marriage gratis (gift, inheritance), then the best option of renewal of the apartment to the spouse will be the conclusion of the contract of donation. In accordance with the RF IC of the spouse, as next of kin are exempt from tax when you receive property as a gift.
Will draw up a contract of donation in the simple written form signed by the parties. Notarization of this form of transaction not required by law. In addition to the contract and title documents to the apartment, you'll need a receipt for payment of state duty, cadastral and technical passport of the property, the documents proving the identity of the parties in the transaction, as well as an excerpt from the book. Provide to the regional Department of the FRS full package of documents for registration of the transfer of ownership of the apartment.
In all cases the renewal of the apartment in the FRS within 30 days. After this time your wife becomes the title owner of the apartment and receives a corresponding certificate.
Instead of the agreement on the division of property, spouses can draw up a prenuptial agreement, which is similar, but is more complete and is often the preferred document.