You can not only sell real estate in Ukraine, but also donate it. Any property can be donated: an apartment, a house, a land plot, a vehicle. In order for the fact to be officially certified, so that the title passes from one person to another, a donation agreement or notarial Deed of Gift for an apartment shall be executed. Below we will tell you how to correctly draw up documents if you want to donate the housing to a relative and another person.
What is a Deed of Gift for an apartment?
According to the Civil Code of Ukraine, a Deed of Gift means the transfer of title from one person to another without compensation. The procedure is not a purchase and sale transaction, the apartment is provided free of charge. A donee receives all property rights, becomes the sole owner, unless otherwise specified in the agreement.
In this situation, a donor does not expect anything from the second person in return. It is impossible under a Deed of Gift to oblige a person to perform any actions in your favour. Donation does not imply property or non-property obligations on the part of a donee.
In conformity with the law, only property that belongs to a citizen can be donated. You can’t donate real estate that you have rented. Donation of property is to be accompanied by an agreement. A Deed of Gift for an apartment in Kyiv shall only be drawn up by a notary.
Statistically, donating an apartment and other property is a common procedure that Ukrainians use. For official registration, the citizens apply to both public and private notary offices.
How to execute a Deed of Gift for an apartment in Kyiv?
First, let’s see what’s the difference between donation and the purchase and sale of an apartment:
- Property is donated for free. If the real estate is purchased and sold, a buyer acquires an object at a set price, so this scheme is impossible in the case of donation.
- A donor can annul an agreement. The law permits such a procedure if a donee has deceived, blackmailed, committed a crime against a donor or his/her relatives. In the case of a sale and purchase agreement, there are fewer grounds for cancelling a transaction.
- A donor may apply to the court to terminate an agreement within 1 year. If the property has been sold, this period is extended to 3 years.
- If an apartment has been donated to one of the spouses during the marriage, such property is not considered common in the event of a divorce. If an apartment has been purchased, the housing will be considered joint property of the spouses.
- A person can donate his/her apartment lot without notifying other owners. However, it is impossible to sell property without written notice.
- You cannot donate an apartment belonging to a minor, but you can sell it.
Execution of a Deed of Gift for an apartment in Kyiv happens at the notary’s office. An office is selected at the place of registration of a donor or a donee; it is also acceptable to choose a notary public at the location of the property. This means that it is impossible to draw up an agreement in another city if the apartment is not located there or one of the parties is not registered there.
If an agreement is executed in favor of relatives of the first degree of kinship, the gift is not subject to taxation. For other persons, it is necessary to pay the tax, which is important to remember when making a transaction.
During the transaction execution, the notary checks the transparency of the documents for an apartment, the conformity of IDs and other papers. Prerequisite for the procedure is presence of two parties to an agreement at the notary’s office.
Deed of Gift for an apartment (Kyiv) completely transfers ownership from one person to another. After certifying an agreement, a notary shall enter a new owner into the State Register of Proprietary Rights to Immovable Property. After leaving an office with a signed document, a donee becomes the lawful owner. You do not have to additionally register your ownership.