How to transfer an apartment or car to another person

In Russia, the rules of delivery are changing agendas. When the law comes into force, it will be forbidden to dispose of one's property due to non-appearance at the military registration and enlistment office. Against this background, some people became interested in how to transfer an apartment, a car to a wife or other non-military relatives. Let's figure out how to do it.

What you need to know before transferring property to another person

Whoever is listed as the owner of the property according to the documents, he disposes of it. Therefore, it is important to choose a person whom you fully trust and from whom you expect that he will act in your interests.

It's not always the obvious choice. For example, many are ready to re-register an apartment for their mother. But there are women who will easily say goodbye to the property of one child in order, for example, to get the second one out of trouble, or send living space to some religious cult.

With wives, too, the situation can unfold in different ways. If you have a strong relationship based on trust and partnership, then everything can be in order. But everything happens. For example, a woman may find out about a mistress or find out other unpleasant details and decide take revenge. In general, you need to calculate the risks.

Also pay attention to what will happen if something happens to the selected person. If he doesn't have willsproperty will be divided among the heirs in equal shares. So the candidate will need to issue a last will just in case. Otherwise, it will be difficult for you to return yours later.

How to transfer an apartment or car to another person

1. Give

donation agreement allows donate your property to another person. True, there is a nuance. If the recipient of the gift is not a close relative, then he will have to pay a tax of 13% of its value for this enrichment. So if you want to protect the addressee from financial losses, hand over the acquired spouses, children, parents, brothers, sisters, grandparents. They are considered close relatives.

We have detailed material on how to issue donation agreement. Lead them. Here we will briefly analyze the nuances that you need to know about. So, the possibility of transferring property will be influenced by several factors. Here they are.

When it comes to real estate

• If you are not married and own the property alone, there are no barriers to donating. You can make a contract in a simple written form. The document must be registered with Rosreestr in order to record the transfer of ownership.
• If you are married, but bought the property you want to donate before marriage and own it solely, everything works as in the previous paragraph. Write to whoever you want.
• If you are not married and own a share in real estate, then the donation agreement must be certified by a notary.
• If you are married and bought property during marriage, then you own it together with your spouse. And it doesn't matter to whom it is written. But you need to look at how the property is framed. If it is joint, then you will first have to allocate shares. To do this, you need to create an appropriate agreement and certify it in Rosreestre. If the property is shared, that is, the shares have already been allocated, you can donate your part. If the recipient is not a spouse, then her notarized consent to the transaction will be required. The donation agreement itself must also be certified by notary. As for the wife, it is possible to give her a share of jointly acquired property. But there are other ways to transfer full rights to real estate to her. This will be discussed below.
• If real estate in mortgage, you can hand it over only with the consent of the bank. There is little chance of this, but it is better to check with your credit institution. The easiest way would be to give a share in an apartment bought in marriage to your spouse, because she is already a co-borrower. However, this increases the chances of success only slightly.

When it comes to car

The situation is generally similar. Premarital property can be disposed of as you like. If the car was bought in marriage and registered in your name, then in order to donate it to third parties, you will need a notarized consent of the spouse. Because in fact it is common property. With the transfer of transport to his wife under a donation agreement, it is more difficult, because she is already a co-owner of the car. So it's better to choose one of the methods below.

If the car is taken on credit, it is allowed to donate it with the consent of the bank. But the chances of getting approval of the transaction from a credit institution are almost zero.

2. Draw up a marriage contract

This document can be made both before marriage and during it. And with its help it is just convenient to share the jointly acquired property. A prenuptial agreement allows you to determine what the first spouse owns and what the second spouse owns. And each of them can dispose of real estate or a car as they like at their discretion.

So that the document cannot be challenged, it should not put the spouses in unequal conditions. It is better to provide for this in the contract. On the other hand, it is usually challenged by a husband or wife who is infringed in their rights. And if both agree with the current division, everything can work.

The marriage contract must be certified by a notary. How to compose it is separate material.

3. Draw up an agreement on the division of property

His can conclude not only during divorce, but also during marriage. This document determines who owns which of the already acquired property. The agreement must be certified by a notary. The same specialist usually helps to draw up the paper. IN this material you can read more. The text is devoted to the division of property in a divorce, but this is not necessary.