1/3 Apartment Share Gift Agreement

Below is a working sample of a gift agreement for a 1/3 share of an apartment between individuals. If the apartment is joint marital property, a notarized consent of the other spouse is needed before signing. After notarization, ownership of the share must be registered in the State Register of Rights to Immovable Property.

The sample keeps the practical clauses on title, absence of encumbrances, expenses, acceptance of the gift, and signatures. Tax consequences should be checked on the date of notarization.

1/3 Apartment Share Gift Agreement
Kyiv, "___" ____________ 20__

[Donor's full name], taxpayer registration number [number], passport [details], residing at [address], on the one side, and [Donee's full name], taxpayer registration number [number], passport [details], residing at [address], on the other side, hereinafter collectively referred to as the Parties, have entered into this agreement as follows:

1. The Donor gratuitously transfers to the Donee ownership of a 1/3 (one third) share of apartment No. __ in building No. __ at [apartment address], and the Donee accepts that share as a gift.
2. The Donor's title to the share being transferred is confirmed by [title document and details] and by the records of the State Register of Rights to Immovable Property.
3. The apartment has __ rooms, a total area of __ sq. m and a living area of __ sq. m. Technical details are taken from the technical passport or other current documents for the apartment.
4. The Parties value the gift at __ UAH. The valuation is used for execution of the agreement and, if necessary, for taxation.
5. The Donor confirms that, at the time of signing this agreement, the share being transferred has not been sold or gifted to anyone else, has not been otherwise alienated, is not under arrest, mortgage, pledge or any other encumbrance, is not the subject of a dispute, no third-party rights have been asserted, has not been contributed to the share capital of any legal entity, and is not subject to an inheritance contract.
6. If the apartment is joint marital property, the consent of the other spouse to the gift of this share has been given in written notarized form.
7. If the notary asks for proof of registered occupants or persons with use rights, the Parties provide the relevant certificate.
8. The Donor confirms that this agreement is gratuitous and does not oblige the Donee to perform any property or non-property acts in the Donor's favor unless the law expressly provides otherwise.
9. All expenses related to drafting this agreement, notarization, state registration of ownership rights, and other necessary payments are paid by the Donee, unless the Parties agree otherwise.
10. The Donee's ownership of the transferred share arises from the moment of state registration of ownership rights. The Donee's receipt of the signed copy of this agreement after notarization counts as acceptance of the gift.
11. The Parties are familiar with Articles 182, 203, 207, 209, 215, 334, 717-722, 727 of the Civil Code of Ukraine, Article 65 of the Family Code of Ukraine, and the Law of Ukraine "On State Registration of Rights to Immovable Property and Their Encumbrances".
12. The content of this agreement and the provisions referred to in the previous clause are clear to them, and they have no unresolved questions.
13. The agreement is drawn up in three copies, one kept in the notary's records and the others given to the Donor and the Donee.

SIGNATURES:

Donor ____________________

Donee ____________________

24 ____________ 20__ this agreement was notarized by me, [Notary's full name], private notary of [notarial district]. The identities of the Parties have been verified, their legal capacity checked, and the Donor's ownership of the transferred share of the apartment confirmed.