How to sell your spouse an apartment
To prove that the apartment belonged to you before marriage, you need only two documents. This is a certificate of title to housing and a marriage certificate. If you sold the apartment inherited, you need to submit a document confirming this fact.
It is quite difficult to prove the purchase of an apartment by the second half entirely at your own expense. It is best to consult with a notary, a lawyer (preferably specializing in real estate) or a real estate agency, depending on each case. Most likely, the documents that confirm that the money for the purchase is pre-marriage savings deposit), inherited or gained from the sale of inherited property.
With a package of all documents you need to contact the notary and notarize the contract of sale, and then register it in Rosreestr and get a certificate of the right to property.
Making a deal between the spouses does not relieve the seller from having to pay tax. At the same time, the inspectorate can calculate its size from the real market value of the object, if they consider the amount in the contract to be understated. If the seller owned the house for three years or more, a tax deduction for the full amount of the transaction is provided automatically. If less, you need to issue a number of papers and get a deduction of up to two million rubles.
Offer from our partner
Property acquired by spouses during the marriage period is considered jointly acquired property. Thus, after the registration of the transaction, the spouse will not be able to sell the apartment that has become his property without your consent. And in case of a divorce, you are entitled to claim half of this apartment, until the ex-husband or wife proves the opposite in court.
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