How to present your property

In connection with the new order of registration of property rights applicable in the territory of Ukraine from the beginning of the year, information about the property is now entered in the State Register.

The government allowed access to the register of rights to property and to the Register of legal entities and individuals, so the information about the owner of the apartment is available.

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Who and for who can give real estate?

"Who?" it's a simple answer. Any citizen has the right to give property legally belonging to him. The legality of the property needs to be confirmed by the title documents.

The next questions "For who?”. We know that the main feature of the legal donation is free of charge. Agreement concluded mainly between spouses, relatives or very close friends and it’s really a gift that does not bring any material benefit to the donor.

The law allows you to give property almost for anyone: individuals and legal entities, and even the state Ukraine or Crimea. There is only one restriction: a parent, guardian or adoptive parent does not legally have the right to give the property that belongs to their children or wards. Taxes for donation of real estate - if the property is offered for first-degree relatives (children, parents, and spouses) - a tax on personal income is not necessary paid. If the recipient of the gift is not a relative, you will need to pay a tax of 5% of the total value of real estate.

Making the donation contract

Under the donation contract there is a two sides - the donor and the done – that conclude a deal with each other, which resulted in the donor donates (immediately or in the future) his property to the done. If the contract spelled out any title or interest of the done acts in favor of the giver, then the document can no longer be a donation contract. A contract of a gift may be considered and concluded only after the transfer of property (as opposed to be concluded at the moment of state registration of the contract of sale). Formal adoption of a gift it is a presentation of the done documents certifying his ownership of the property. In addition, the done may be awarded other documents or keys from the object, as a symbol of the subject contract.

Termination of the agreement and the statute of limitations

Donation contract can be terminated if the done has committed an intentional crime against the donor. The offense can be committed against the life or health of the donor and against his property. This includes crimes against close relatives of the donor - parents, children and spouse.

For example, if the "gratitude" done intentionally kills the donor than the heirs have the rights to request and terminate the contract of donation. An important feature of the contract of donation is the statute of limitations. Under the contract of donation the deadline is set for a period of 1 year (in contrast to the general statute of limitations - a 3 year). During this year, any person (not just the donor and the done) can apply to the court if his interests are violated conclusion of the contract of donation.

The main stages of preparing a dedication
On our days the access to the State Register has notaries and state registrars. A notary has the right to object to the verification of the transaction and the right to update the registry after its completion. The new single register contains data on ownership, mortgages, liens and arrests, collected from several registers existed before.

If the donation is made out of real estate transactions it must be following four stages:

1. Checking the passports of the persons who want to executes the contract donation and all documents to the property that will be donate. The notary must find out whether it is possible to start processing of the transaction. In the process of finding it may make a request to the BTI, if it is necessary to clarify any points.

2. Information about the owner of the property (the donor) are included in the state register. To do this, the giver should write a statement, which will contain all the necessary information about it and about the object, as well as a payment for the service of making this information. Notary fills a decision on the registration card and on the admission application. After the arrest, the prohibition of alienation and a mortgage on the object will be checked, the notary proceeds to registration donation.

3-4. On the third stage we make a donation contract. A fourth and final information about the new owner is entered in the state register and owner takes issued recovery, confirming his ownership of the property. Both these stages take place in a single day, so you shall consider the draft agreement before a notary contributes to the registry information about the donor.

How to donate a part of the apartment?

If you want to donate just only a part of the apartment it may depends on the form of ownership. If the dwelling is jointly owned (each owner owns a certain part), you can give your part without seeking the consent of the other owners. If common ownership is a joint, you will need to obtain the consent of all other co-owners of housing. If the living space is the common property of spouses, one of them has the right to give its part only with the written consent of the husband or wife. Such agreement is also drawn up by a notary.

How to give the apartment if some people are registered there?

If there is some people temporarily registered in the apartment, it can’t prevent the registration of the contract of donation - just in the agreement will appear an item, indicating that at the time of signing the contract there are people registered in the apartment . By mutual agreement of both parties, it may be noted in the agreement that the done commits any act of property character in favor of prescribed people or to refrain from such actions. Under the influence of material nature is meant the transfer of money, payment of cash rent, the right to use all or part of the gift, the transfer of any property and more.

What can you fear if you are concluding the contract of donation?

The main part of the problems encountered in transactions of donation comes from the desire of citizens to evade taxes. It means when the deed of gift is a cover for the sales transaction. In this case, there are many risks as a result of which "endows" could remain without money and without real estate - so do not indulge in such dubious scam.