| Repair of buildings / | How do I transfer the ownership of an apartment |
There are only 4 ways of how you can pass to another person in his own apartment or other real estate: namely, gift, rent, will, and buying and selling. Each of these methods has its advantages and drawbacks, and as for the one who conveys his property, and for the one who receives. Let us examine each of these options.
Will
This method eliminates the need of the testator, take a very tedious procedure of registration of rights. Enough to write a will, and to assure him of a notary. In some cases, the law allows the identity of the will other persons. In certain cases, the law and described it can be a doctor, the ship's captain, head of the expedition, the commander of the military unit, the head of prisons, or other official.
However, all efforts on registration of inheritance and registration of property rights will have to undergo himself heir. And accession to the inheritance rights - quite a complicated and lengthy process. In addition, the successor will become the owner of not earlier than six months after the death of the testator. In addition to apartments, acquired by inheritance, buyers usually are treated with particular caution and this is no coincidence. Often a will can be challenged by other heirs. This is possible when there are doubts about the validity of the will, when one of the heirs deemed unworthy, but most often, this happens when there are persons who are entitled to compulsory share of inheritance, regardless of how the will is made. This category includes minors and disabled children, disabled spouse and other dependents of the disabled. And they can do so not only in half a year after the death of the testator, as is commonly believed. If the heir did not know and could not know about the opening of the inheritance, by a court decision, the six-month period may be recovered, and then it will be counted from the day when the heir learned about the opening of the inheritance.
But the testator can be sure until the end of life, that he would not be deprived of the right to use housing and not sent out of the apartment in any nursing home. Moreover, the testator may be any number of times to rewrite the will is valid and what will be the last day of his death.
Rent
You can be sure that you are not kicked out of the "own" at home and in case of a contract rent, or more precisely the contract of life maintenance of a dependent. This contract involves the following procedure: one person transfers to another in their own homes, and in return receives the content and the right to live the rest of his life in an apartment or house that are passed to the payer of rent.
course to rewrite the will is much easier than to terminate the contract of rent, but the termination of the contract is possible, and there is very often. You can do this in the court at the suit of the recipient of rent in the event that the payer of rent obligations. In addition, other relatives of the recipient of rent may, in court, to terminate the contract of life maintenance of a dependent. To do this, they need to prove that an individual who has made a deal (rent recipient) was in error "regarding the nature of the transaction or its subject."
Thus, a contract of life maintenance of a dependent for a person who seeks to obtain housing, has two significant drawbacks: First, there is a very serious risk of termination. And if the heir, in case of deprivation of his legacy, has nothing to lose, and not only receives what the hoped that the rent payer, usually also lose the money they had paid previously. Second, check in to the apartment and receive the right to dispose of the property occurs within a very uncertain period of time.
But the rent payer, in contrast to the heir, an opportunity immediately after the death of the recipient of rent, to dispose of housing and already owns the property, as they became after the conclusion of the contract of life maintenance of a dependent. And if that period is more than 3 years, then it is exempt from paying 13% income tax, in the case of an immediate sale of the property.
The donation and sale and purchase
This is the third and fourth modes of transmission housing close person. Unlike inheritance under the will and to sign the contract lifetime support with maintenance of these options is almost permanently, during the life of the owner, deprived of his property. Therefore, when handing over the flat, so you have to be 100% sure that no changes in the lives of great favor a person, not force him to reconsider and even verbal agreements oath given before the transaction.
In fact, even the procedure of registration, donation contract and the sales a little than differ from each other. The only difference lies only in the fact that the contract of sale involves retribution transaction, and no donation. In this regard, lawyers are usually advised to register for this choice of real, not sham transactions. That is, if you are giving, then it is necessary to conclude a contract of gift, if you are selling - that a contract of sale. There are only two exceptions. Firstly, if a citizen who receives housing is a minor, he is in accordance with the Civil Code to make such a major purchase are not allowed. He can only give the apartment. Second, to date, namely until 1 January 2006, it is still valid Law on tax on property passing by way of donation and inheritance. In accordance with this law, if the donor and donee are not registered together on housing, which goes into a gift, then the gift tax arises, and it can reach almost 40% of the cost of housing. Therefore, under such circumstances, sometimes it is thoughtful to make the real deal, or feigned.
Will
This method eliminates the need of the testator, take a very tedious procedure of registration of rights. Enough to write a will, and to assure him of a notary. In some cases, the law allows the identity of the will other persons. In certain cases, the law and described it can be a doctor, the ship's captain, head of the expedition, the commander of the military unit, the head of prisons, or other official.
However, all efforts on registration of inheritance and registration of property rights will have to undergo himself heir. And accession to the inheritance rights - quite a complicated and lengthy process. In addition, the successor will become the owner of not earlier than six months after the death of the testator. In addition to apartments, acquired by inheritance, buyers usually are treated with particular caution and this is no coincidence. Often a will can be challenged by other heirs. This is possible when there are doubts about the validity of the will, when one of the heirs deemed unworthy, but most often, this happens when there are persons who are entitled to compulsory share of inheritance, regardless of how the will is made. This category includes minors and disabled children, disabled spouse and other dependents of the disabled. And they can do so not only in half a year after the death of the testator, as is commonly believed. If the heir did not know and could not know about the opening of the inheritance, by a court decision, the six-month period may be recovered, and then it will be counted from the day when the heir learned about the opening of the inheritance.
But the testator can be sure until the end of life, that he would not be deprived of the right to use housing and not sent out of the apartment in any nursing home. Moreover, the testator may be any number of times to rewrite the will is valid and what will be the last day of his death.
Rent
You can be sure that you are not kicked out of the "own" at home and in case of a contract rent, or more precisely the contract of life maintenance of a dependent. This contract involves the following procedure: one person transfers to another in their own homes, and in return receives the content and the right to live the rest of his life in an apartment or house that are passed to the payer of rent.
course to rewrite the will is much easier than to terminate the contract of rent, but the termination of the contract is possible, and there is very often. You can do this in the court at the suit of the recipient of rent in the event that the payer of rent obligations. In addition, other relatives of the recipient of rent may, in court, to terminate the contract of life maintenance of a dependent. To do this, they need to prove that an individual who has made a deal (rent recipient) was in error "regarding the nature of the transaction or its subject."
Thus, a contract of life maintenance of a dependent for a person who seeks to obtain housing, has two significant drawbacks: First, there is a very serious risk of termination. And if the heir, in case of deprivation of his legacy, has nothing to lose, and not only receives what the hoped that the rent payer, usually also lose the money they had paid previously. Second, check in to the apartment and receive the right to dispose of the property occurs within a very uncertain period of time.
But the rent payer, in contrast to the heir, an opportunity immediately after the death of the recipient of rent, to dispose of housing and already owns the property, as they became after the conclusion of the contract of life maintenance of a dependent. And if that period is more than 3 years, then it is exempt from paying 13% income tax, in the case of an immediate sale of the property.
The donation and sale and purchase
This is the third and fourth modes of transmission housing close person. Unlike inheritance under the will and to sign the contract lifetime support with maintenance of these options is almost permanently, during the life of the owner, deprived of his property. Therefore, when handing over the flat, so you have to be 100% sure that no changes in the lives of great favor a person, not force him to reconsider and even verbal agreements oath given before the transaction.
In fact, even the procedure of registration, donation contract and the sales a little than differ from each other. The only difference lies only in the fact that the contract of sale involves retribution transaction, and no donation. In this regard, lawyers are usually advised to register for this choice of real, not sham transactions. That is, if you are giving, then it is necessary to conclude a contract of gift, if you are selling - that a contract of sale. There are only two exceptions. Firstly, if a citizen who receives housing is a minor, he is in accordance with the Civil Code to make such a major purchase are not allowed. He can only give the apartment. Second, to date, namely until 1 January 2006, it is still valid Law on tax on property passing by way of donation and inheritance. In accordance with this law, if the donor and donee are not registered together on housing, which goes into a gift, then the gift tax arises, and it can reach almost 40% of the cost of housing. Therefore, under such circumstances, sometimes it is thoughtful to make the real deal, or feigned.