Russia (bbabo.net), - Rosreestr specialists told about how to correctly register real estate shares for family members.
Real estate may be in the personal ownership of one of the spouses, in joint and common shared ownership, explained in Rosreestr. Property acquired in marriage with common funds is registered as joint property if a marriage contract has not been concluded or an agreement on the division of property has not been signed.
You can register jointly acquired real estate and one of the spouses. But even in this case, housing will be considered joint property of the spouses. It is possible to formalize the property in the common joint property of the spouses or to allocate the shares of the spouses in accordance with the marriage contract or agreement on the division of property. Real estate in joint ownership can only be disposed of by mutual consent of the spouses. The second spouse must give a notarized consent to the transaction. Failure to provide such consent to Rosreestr, however, is not a basis for suspending registration actions (in this case, information about the lack of consent will be entered in the USRN).
If the spouses have housing in common shared ownership, then the alienation of the share is possible only with the observance of the right of first refusal, in which case the contract must be notarized.
A child can receive a share by inheritance, as well as when acquiring real estate (for example, under a donation agreement, sale and purchase) in common shared ownership, including in his name. In some situations, the law obliges to allocate shares to minors: when using materiel, when selling housing with a share of a minor for the sake of buying a new one (the child must have an equivalent share in the new object), during privatization.
When using mother capital, the spouses sign an obligation that after the mortgage is paid and the encumbrance is removed, the property will be registered for all family members with the allocation of children's shares.
The right of common shared ownership of an apartment is subject to state registration in the USRN. To do this, you must contact Rosreestr with the parents' passports and birth certificates of children, documents on the rights to real estate, a marriage or divorce certificate and, if necessary, other documents. The state duty for registration of property rights is 2,000 rubles for all family members.
If the property is jointly owned by the parents and when allocating shares in such property to children, the parents' share remains in their joint ownership, then notarization of the agreement is not required.
You can submit a package of documents for registering a transaction involving children through the MFC by ordering field service from Rosreestr specialists, through the public services portal or the Rosreestr website (to submit documents in electronic form, you need an enhanced qualified electronic signature), through a branch of the Cadastral Chamber (according to the extraterritorial principle) or by registered by mail to Rosreestr.
Applicants are all participants in the common shared ownership of the object. If state registration is carried out on the basis of a notarized transaction, then a notary can also submit an application to Rosreestr. The term of state registration is 7 working days from the date of receipt of documents by Rosreestr or 9 working days when they are submitted through the MFC.
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