Family law > Marriage contract > How to transfer an apartment from husband to wife while married?
There are several situations in which husbands want to transfer an apartment to their wives: divorce, a serious illness of the husband, receiving an inheritance in the form of an apartment, a desire to cede ownership, etc.
Having decided to re-register an apartment in the name of a spouse, many men ask the question: “How to re-register an apartment in the name of a wife in 2020?”
If this topic is relevant to you or just interesting, then read and remember all the legal aspects of this issue.
Methods for re-registration of housing in the name of a spouse during the period of a registered union
The first method is to conclude a prenuptial agreement. This method is implemented in accordance with Art. 34 RF IC. Partners who have signed the agreement can establish different ownership regimes (equity, joint, separate).
In addition, the legislation directly states that spouses have the right to enter into a contract both for the property at the couple’s disposal and for that which will appear in their future.
In accordance with the indicated norm, spouses have shares in jointly acquired goods; the husband can transfer his share in favor of his other half.
Such an operation can be performed by deed of gift. This is done through the formation of a deed of gift.
A gift agreement presupposes the legal capacity of the parties signing it. It must be certified by a notary and registered. If this is not done, the document will not have legal force.
The second way is to sign a value sharing agreement. This method is applied in accordance with Art. 38 RF IC. Common benefits are divided between partners by prior agreement.
The contract for the division of valuables is also notarized. The paper defines the parts of each spouse in their possession. The right to a share is transferred through the donation procedure.
How to register real estate so as not to divide it during a divorce?
When concluding a marriage or after its registration, spouses have the right to determine the fate of each piece of property in the event of divorce.
The section will not own the following objects:
- donations;
- received by inheritance;
- acquired before marriage.
For all other real estate, it is necessary to decide immediately, so that if division is necessary, many questions will not arise for each other.
Conclusion of a marriage contract
Spouses always have the opportunity to draw up a marriage contract; to conclude such an agreement, a certain order of steps will be required:
- reaching a personal agreement on which particular object will belong to the wife, as well as other terms of the agreement;
- contacting a notary with passports;
- drawing up a marriage contract and signing it.
It is impossible to unilaterally cancel the terms of the contract and refuse to perform it.
Drawing up an agreement on the division of common property
The agreement is drawn up by the spouses and signed by them personally. After signing, the document immediately comes into force, and it can only be challenged in court. An agreement of this order applies exclusively to the joint property of the spouses. For proper drafting, you can contact a notary or a professional lawyer. This will avoid mistakes.
Procedure for transferring rights to a share in an apartment to a wife?
If the real estate is in joint shared ownership of partners, then the size of the parts owned by the spouses is established by agreement or in accordance with the general procedure (equal). In this case, the apartment can be transferred to the woman through a gift or by concluding an agreement on the regime of property acquired by the couple.
Documents concluded on a voluntary basis between partners must be registered with Rosreestr.
The agreement stipulates the transfer of ownership of the husband's share in favor of the wife. After completing the procedure, the wife receives a certificate of the right to sole ownership of housing.
Important! The allocation of shares in real estate allows you to freely divide property between spouses exactly as they wish to do it.
How this can be done:
1 step. Apartment purchase.
The documents should be drawn up directly in the name of the spouse, so that later you do not have to re-register ownership. Registration of ownership of an apartment is carried out in Rosreestr. To do this, you need to submit an application in the prescribed form to the relevant authority, pay a fee, and provide an agreement on the purchase of an apartment in three copies.
Step 2. Conclusion of a marriage contract.
A marriage contract is concluded between legal spouses and is subject to notarization.
You can draw up such an agreement yourself, including in it all the necessary information and information, including data of the parties (full name, passport data, registration addresses), apartment data (cadastral number, address, area), information that this apartment was purchased during marriage , is recognized as the private property of the spouse, as well as other information that the parties consider important to agree on.
You can entrust the drawing up of the agreement to a notary. To do this, he must provide original passports, marriage registration certificates, as well as documents for the apartment. The notary himself will draw up and certify the agreement.
The procedure for re-registering a house from one partner to another
Re-registration of real estate is carried out through the conclusion of a gift agreement. In accordance with Art. 15, 16 Residential Complex of the Russian Federation, the house is classified as real estate. Accordingly, the procedure for transferring rights to the designated property is carried out in a manner similar to an apartment.
However, individual housing has its own nuances that must be taken into account.
The wife owns half of the residential building. Accordingly, it is not possible to give her housing due to the lack of information about the part of the building that belongs to each of the spouses.
To complete the operation, you will have to enter into an agreement on the division of housing and donation of the part belonging to the spouse. By the way, documents can be generated separately or combined into a common one.
The deed of gift must contain the following main points:
- information about the item in respect of which the transfer is being made (reflects a building, land plot, structures);
- address of the housing location;
- number of storeys;
- the material from which the object is built;
- square;
- number in accordance with cadastral documents.
What to do if housing is purchased with a mortgage?
When receiving a loan from a credit institution for the purpose of purchasing real estate, the partners are equally debtors, acting as co-borrowers. Therefore, any operation with an apartment (house) must be carried out with the consent of the bank.
An organization can legally refuse to complete a transaction. This occurs due to the limited financial capabilities of the spouses individually. If the debt falls on the shoulders of one of the partners, the bank may face the risk of non-payment of the loan.
If the transfer of property rights to the wife is approved, the spouses must enter into an agreement by mutual consent. In addition, amendments to the mortgage agreement will be required.
Important! Deprivation of property rights to housing by a husband entails the transfer of his obligation to pay the debt to his wife
If the partners choose the option of dividing property in shares, then the debt will be divided in accordance with them. In this case, the consent of the credit institution will not be required. However, the document on the allocation of shares in real estate must be certified by a notary.
When is a mortgage renewal required?
The mortgage loan is repaid over 10-15 years or more. During this time, life circumstances and plans may change. When signing an agreement, banks offer to issue an insurance policy. But insurance does not take into account all circumstances, such as moving to another country for work or divorce.
Is it possible to transfer a mortgage to another person? What reason does the bank consider valid? Most often, re-registration is required in the following circumstances:
- The financial situation has worsened. A job was lost, a salary was reduced, and additional expenses appeared, for example, for the treatment of a close relative. Standard insurance will help if the company has closed, or the work book contains a record of dismissal due to staff reduction.
But employers rarely comply with legal requirements. Mostly, employees resign of their own free will, fearing that otherwise they will not receive their paychecks at all. And this is not an insured event.
2. The purchased apartment has become small in area. For example, when 1-2 children are born in a family, there is a need to increase living space. It takes a long time to wait for an existing loan to be paid off before applying for a new one. The result is that the old apartment has to be sold with the mortgage reissued to another person.
Is it possible to re-issue a mortgage for a son or daughter in such a situation? Yes, if they meet the bank’s requirements in terms of solvency, have independent income, and are legally capable.
3. Moving to another region or country. For example, a citizen is offered a long business trip for several years, and he doubts that he will be able to service his debt obligations in a timely manner.
Recommended article: How large families can get 450,000 to pay off their mortgage
4. Divorce. If the apartment was purchased during marriage, the former spouses subsequently have to either continue to jointly pay the debts or re-issue the mortgage loan to one of them. How a mortgage is divided during a divorce - important points.
5. Loss of ability to work. No one is immune from illness or disability. The insurance policy may not cover all expenses for both treatment and repayment of debt to the bank;
6. Death of the borrower. In this case, the loan obligations pass to the heirs or co-borrowers. Both are required to contact the credit committee and provide a death certificate of the title borrower. Based on this document, the bank suspends the accrual of interest for the period until a successor is determined. Who pays the mortgage after the borrower dies?
Important! The lender will not take your word for it. In order for an application to reissue a mortgage loan to be accepted for consideration, supporting documents will be required.
What documents are required to re-register housing in the name of a spouse?
Before transferring housing from husband to wife, partners need to take care of the following documents:
- passports of both spouses;
- an excerpt from the registration book certified by a notary;
- documents containing cadastral and technical information about real estate;
- certificate confirming ownership;
- contract of sale;
- an agreement according to which the rights to housing are transferred from husband to wife;
- a document confirming the registration of the union or its dissolution;
- application of the spouse to obtain the right to own the object;
- gift agreement.
A package of documents will need to be submitted to the Federal Registration Service at the place of residence of the partners. Re-registration of the apartment will not take more than one month.
Mortgage during divorce, if the former spouses are co-borrowers
Statistics show that in more than 70% of cases, ex-spouses are co-borrowers. In this case, before filing a division of the mortgage during a divorce, you need to consider all possible options and try to resolve the issue amicably. This will help avoid litigation, loan defaults and other unpleasant moments. You can peacefully resolve the process:
- Continue paying your mortgage together;
- If one of the spouses refuses the mortgage and apartment in favor of the other;
- If the bank agrees, sell the apartment and divide the proceeds in half;
- Pay off the mortgage in full, then sell the apartment and divide the funds;
The last option is the simplest in terms of registration, since it does not require lengthy proceedings. However, it is rarely possible to solve the problem this way.
How to sell an apartment with a mortgage?
You can sell an apartment for which the loan has not yet been paid only with the permission of the bank.
It won’t work out any other way: the mortgaged housing is pledged to the bank until the loan is repaid in full. When selling an apartment, each of the former spouses has equal rights to part of the housing, or its cash equivalent.
This method is inconvenient not only because of additional difficulties with the bank, but also in monetary terms, because: it is difficult to find a buyer for an apartment encumbered with a mortgage. Few people are willing to spend money on additional legal checks and drawing up a purchase and sale agreement. And you will have to sell your home at a reduced price, otherwise no one will buy it.
What to do if your ex-spouse refuses to pay?
It often happens that one of the former spouses refuses to pay their share of the mortgage.
In this case, the contract is reissued to the solvent. The second one is cleared of all litigation regarding payments, but he does not have the right to demand a share in the apartment. If one of the co-borrowers refuses to pay the mortgage for 3 months, but is in no hurry to sign a waiver of the share in the apartment, there are 2 ways to solve the problem:
- The mortgage loan is repaid by one party.
- The bank sells the home, and the proceeds go to pay off the loan. Most often, the bank sells housing at a low cost, approximately equal to the amount of debt, which significantly speeds up the process.
Mortgage in case of divorce of spouses with children
If former spouses have minor children, the share of ownership in the home changes in favor of the person with whom they remain. Based on this rule, further division of the mortgage occurs.
