Without documents confirming ownership, you will not be able to call yourself a full owner of real estate. But there are also some nuances. Sometimes, due to certain circumstances, it is much more convenient and, let’s be honest, more profitable if your property on paper is not exactly like that.
Who is more profitable to buy?
It happens that the parties to the purchase and sale agreement are not the same people who came up with this idea. brilliant idea invest in capital real estate. There is nothing criminal about this because even when registering an apartment for a minor “owner”, taxes are not going anywhere. As is the case with pensioners. But there are no rules to which we could not find exceptions. The following are exempt from paying taxes upon purchase:
- foster and large families with at least 5 children;
- minor orphans and disabled people who have only one parent or guardian (provided that they own no more than one piece of real estate).
In addition to standard taxes, upon purchase you will be introduced to Military and Pension fees. Such lucky people are not destined to meet the second of them:
- people waiting in line to receive housing;
- investors who are buying real estate for the first time.
Change, divide and conquer
The division of jointly acquired property can hardly be called a joyful event, but we will not go into the details of your personal life, but rather we will tell you how to start it from scratch. Re-registration of real estate in such cases can occur by drawing up a purchase and sale agreement, a gift, or through a property division agreement. In the case of the latter, you do not even need the presence of a notary.
As for the exchange of apartments, not only spouses, but also other close relatives resort to this operation. It is a somewhat simplified alternative to purchase and sale, although it requires payment of taxes and notarization. The contract clearly states:
- property characteristics;
- timing of its transfer;
- terms of transfer;
- what each party gets.
Real estate is the best gift for any occasion
Of course, a deed of gift is not always drawn up in order to please someone with your generosity free of charge. As a rule, it also acts as a more pleasant and convenient alternative to buying and selling. The practice of gift-giving is widespread among relatives. If we are talking about the first and second degrees of relationship, you will have to prepare an amount of 1% of the value of the property to pay the state fee. In the case of the third degree of relationship, its size increases to 7,5%. Our lawyers strongly recommend taking this nuance into account so that the fabulous amount does not come as a surprise to the new owner, since he will have to pay it.
For transmission ownership For an apartment using a deed of gift you will need the following documents:
- passport;
- tax payment receipt;
- Act real estate valuations;
- registration certificate for an apartment;
- title documents for housing;
- certificate of who registered in the apartment.
If the property is jointly owned by spouses, it is also necessary to provide a marriage certificate and notarized consent of the wife/husband to conduct a real estate transaction. An order from Children's Services may also be required. We will talk in more detail about ways to re-register real estate for a child right now.
How to make a child the owner of an apartment?
The legislation of Ukraine provides for the possibility of purchasing housing in the interests of a minor child. When concluding a transaction with a notary, you must provide the following documents:
- child's birth certificate;
- child's tax identification number;
- TIN and passport details of parents or guardians;
- consent of the board of trustees to carry out the transaction;
- notarized parental consent.
The consent of the board of trustees can be obtained from the Department of Social Protection of the Population (USZN) at the place of residence. As a rule, commissions meet twice a month to consider all accumulated issues. To obtain consent, you will have to provide a copy of the purchase and sale agreement. Each consent is issued for a specific object, so members of the commission will have to study the details of your future transaction.
Real estate you already own can be transferred to a child using a deed of gift. It is important to remember that you can only give property that is not under arrest, collateral, encumbrance or mortgage. To draw up an agreement you must provide:
- passport details of the current owner of the apartment, parents or guardians of the child;
- estimated value of real estate;
- certificate of family composition;
- consent of all co-owners;
- certificate of absence of debts for utility services.
Although the agreement is signed only by adult representatives of the child, his presence is required. A deed of gift allows you to donate real estate not only to your child, but also to the child of friends, neighbors and other people. An important advantage of this type of transaction is that it allows you to specify the terms of use. So, you can write down clauses prohibiting the rental, sale and re-donation of an object until the child comes of age or until he reaches legal age. From the age of 16, Ukrainians are allowed to get married and start entrepreneurial activities. Such “adult actions” confirm that the child has the right to dispose of property at his own discretion.
We never tire of reminding you how important it is for everyone to mind their own business - a real estate agency should be trusted object selection, a notary is indispensable when signing contracts. Cooperation with professionals will allow you to quickly and safely achieve your goals.
