Apartment Gift Agreement Between Spouses

Below is a practical sample of an apartment gift agreement between spouses for a share without partition of that share. It fits cases where the apartment is already registered as a separate immovable property and title can be confirmed by the title deed and by the State Register of Rights to Immovable Property and Their Encumbrances.

In this version both spouses are parties to the agreement, so no separate consent form from the other spouse is needed. Tax consequences should be checked separately under Article 174 of the Tax Code of Ukraine on the date of notarization.

The template below leaves placeholders for the parties' details, address, area, valuation, title deed, and the notary's details.

Apartment Gift Agreement Between Spouses
Kyiv, "__" ____________ 20__

Citizens of Ukraine [full name of Donor] and [full name of Donee], who are married and live at [address], hereinafter respectively referred to as the Donor and the Donee, being fully aware of their actions, acting voluntarily, without coercion, fraud, or concealment of material facts, in the presence of [full name, notarial district], notary, have entered into this Agreement as follows:

1. The Donor hereby transfers free of charge into the ownership of the Donee, and the Donee accepts as a gift, a share in the spouses' joint ownership of apartment No. __ in building No. __ located at [property address], without partition of that share in kind.
2. The ownership of the apartment is confirmed by [title deed, details]. If the right has already been registered, the information about it is contained in the State Register of Rights to Immovable Property and Their Encumbrances.
3. The apartment has the following characteristics: total area __ sq. m, living area __ sq. m, number of rooms __, floor __, and other technical details according to the technical passport or title documents.
4. The Parties value the gift at UAH __. The valuation is used for notarization and, if needed, for taxation.
5. The Donor confirms that, at the time of signing this Agreement, the apartment has not been sold to anyone else, gifted, otherwise alienated, contributed to the charter capital of a legal entity, transferred under a management agreement, or placed under arrest, mortgage, pledge, or any other encumbrance; there is no dispute about it, and no third-party rights, including lease or loan rights, have been asserted against it.
6. According to the Unified Register of Prohibitions on Alienation of Real Estate, the apartment is not under an alienation ban. According to the State Register of Encumbrances on Movable Property, there is no information about a tax lien.
7. If minors or underage persons are registered in the apartment, the parties provide the notary with documents confirming their rights of use and any other information required for notarization.
8. No separate consent form from the other spouse is executed for this Agreement, because both spouses are its parties.
9. Costs related to drafting, notarization, and state registration of ownership are borne by the Donee unless the Parties agree otherwise.
10. This Agreement must be notarized. The Donee acquires ownership of the apartment from the moment the ownership right is registered after notarization of this Agreement. From that moment, the spouses' joint ownership of the apartment ends, and the Donee becomes the owner of the apartment.
11. The Donor confirms that this Agreement is concluded free of charge and does not impose any property or non-property obligations on the Donee, except those directly required by law.
12. The Donor confirms that no defects or special features of the apartment are known to the Donor that could be dangerous to the Donee's life, health, or property. If such information exists, the Donor has disclosed it to the Donee before signing the Agreement.
13. The Parties have been informed of Articles 60, 64, and 65 of the Family Code of Ukraine, Articles 182, 334, 640, 717-719, 722, 724-727 of the Civil Code of Ukraine, and Article 174 of the Tax Code of Ukraine.
14. The content of this Agreement is clear to them, and they have no objections to its terms.
15. This Agreement has been prepared by the notary with due regard to the terms required for agreements of this type and has been read and approved by the Parties.
16. This Agreement is executed in two copies: one is kept in the notary's file, and the second is issued to the Donee.

Signatures:

Donor ____________________ /[full name]/
Donee ____________________ /[full name]/