Without documents confirming the right of ownership, you will not be able to call yourself a full-fledged owner of real estate. But there are nuances. Sometimes, due to certain circumstances, it is much more convenient and, to hide a sin, 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 sales contract are not the people who came up with this brilliant idea. invest in metropolitan real estate. There is nothing criminal in this, because even when registering an apartment for a minor owner, taxes they are not going anywhere. As in the case of pensioners. But there are no such rules to which we have not been able to find exceptions. The following are exempt from paying taxes upon purchase:
- adoptive and large families with at least 5 children;
- minor orphans and disabled persons who have only one parent or guardian (provided that they own no more than one real estate object).
In addition to the standard ones taxes, upon purchase, you will be introduced to the Military and Pension Fees. The following lucky ones were not destined to meet the second of them:
- to people standing in line to receive housing;
- investors who are buying real estate for the first time.
Swap, divide and conquer
It is difficult to call the division of jointly acquired property a joyful event, but we will not go into the details of your personal life, but rather tell you how to start it from a clean slate. Re-registration of real estate in such cases can take place by concluding a contract of sale, donation, or by means of an agreement on property division. In the case of the latter, you will not even need the presence of a notary public.
Regarding the exchange of apartments, not only spouses resort to this operation, but also other close relatives. It is a somewhat simplified alternative to buying and selling, although it involves the payment of taxes and notarization. The contract clearly states:
- property characteristics;
- terms of its transfer;
- transfer conditions;
- that each party receives.
Real estate is the best gift for any occasion
Of course, a gift is not always made 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 gifting is common among relatives. If it is about the first and second degrees of kinship, you will have to prepare an amount of 1% of the value of the property to pay the state duty. In the case of the third degree of consanguinity, its size increases to 7,5%. Our lawyers strongly recommend taking this nuance into account so that the incredible amount does not come as a surprise to the new owner, because he will have to pay it.
To transfer property rights you will need the following documents for an apartment with the help of a gift certificate:
- International passport;
- tax payment receipt;
- Act real estate appraisals;
- registration certificate for an apartment;
- housing title documents;
- reference to who registered in the apartment.
If the property is jointly owned by the spouses, it is also necessary to provide a marriage certificate and the notarized consent of the wife/husband to conduct a real estate transaction. An order from the Children's Services may also be required. We will talk in more detail about the methods of re-registration of real estate for a child 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 an agreement with a notary, you must provide the following documents:
- child's birth certificate;
- TIN of the child;
- TIN and passport data of parents or guardians;
- the 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) by 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 sales contract. Each consent is issued for a specific object, so the members of the commission must study the details of your future agreement.
Real estate already in your possession can be transferred to a child with the help of a gift deed. It is important to remember that you can donate only the property that is not under arrest, pledged, encumbered or mortgaged. To conclude a contract, you must provide:
- passport data of the current owner of the apartment, parents or guardians of the child;
- estimated real estate value;
- certificate of family composition;
- consent of all co-owners;
- a certificate on the absence of debt from communal services.
Although the contract is signed only by adult representatives of the child, his presence is mandatory. Darna allows you to gift real estate not only to your child, but also to the children of friends, neighbors, and other people. An important advantage of this agreement is that it can specify terms of use. Yes, you can write clauses prohibiting the rental, sale and re-donation of the object until the child comes of age or before he reaches legal age. From the age of 16, Ukrainians are allowed to get married and start a business. Such "adult actions" confirm that a child has the right to dispose of property at his discretion.
We don't get tired of reminding you how important it is that everyone does their own thing - a real estate agency you can trust object selection, a notary is indispensable when signing contracts. Cooperation with professionals will allow you to quickly and safely achieve your goal.
