Apartment Gift Agreement from Parents to Son

Below is a practical sample of an apartment gift agreement from parents to a son. 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.

If the apartment is jointly owned by spouses, the notary checks the notarized consent of the other spouse separately. For this type of gift, the tax consequences should be checked under Article 174 of the Tax Code of Ukraine on the date of notarization. Gifts from an individual are taxed under the inheritance rules, and the zero rate applies for family members of the first and second degree of kinship, subject to the Code.

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

Apartment Gift Agreement from Parents to Son
Kyiv, "__" ____________ 20__

Citizens of Ukraine [full name of Donor 1] and [full name of Donor 2], residing at [address], hereinafter together referred to as the Donors, on the one side, and citizen of Ukraine [full name of Son], residing at [address], hereinafter referred to as the Donee, on the other side, being of sound mind and clear memory, acting voluntarily and 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 Donors hereby transfer free of charge into the ownership of the Donee, and the Donee accepts as a gift, apartment No. __ in building No. __ located at [property address].
2. The Donors' ownership of the apartment is confirmed by [title deed, details]. If the right has already been registered, the registered right and any encumbrances must match 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 Donors confirm that, at the time of signing this Agreement, the apartment has not been sold to anyone else, gifted, otherwise alienated, or contributed to the charter capital of a legal entity; it is not under arrest, mortgage, pledge, or any other encumbrance; there is no dispute about it; and no third-party rights have been asserted against it.
6. If the apartment is jointly owned by spouses, this Agreement is accompanied by the notarized consent of the other spouse. If the apartment is the Donors' personal private property, such consent is not required.
7. If minors or other registered occupants have registered rights of use in the apartment, the parties provide the notary with the documents and information required for notarization.
8. All expenses related to drafting this Agreement, notarization, state registration of ownership, and other mandatory payments are borne by the Donor unless the Parties agree otherwise.
9. This Agreement is subject to notarization. Ownership of the apartment arises for the Donee upon state registration of the ownership right after notarization of this Agreement. Receipt of the Donee's copy of this Agreement confirms acceptance of the gift.
10. The Donors confirm that this Agreement is concluded voluntarily, without any physical or psychological pressure, without mistake as to the nature of the transaction, and without intentional concealment of material facts.
11. The Parties have been informed of Articles 182, 640, and 717-722 of the Civil Code of Ukraine and Article 174 of the Tax Code of Ukraine.
12. The content of this Agreement is clear to them, and they have no objections to its terms.
13. This Agreement is executed in three copies: one is kept in the notary's files, the second is issued to the Donors, and the third is issued to the Donee.

Signatures:

Donor 1 ____________________ /[full name]/
Donor 2 ____________________ /[full name]/
Donee ____________________ /[full name]/