Apartment Gift Agreement with a Representative

Below is a practical sample of an apartment gift agreement with a representative. It fits cases where the owner does not sign personally and the representative acts under a notarized power of attorney. The power of attorney should clearly identify the apartment and include authority to gift it. If the apartment is jointly owned by spouses, notarized consent of the other spouse is required before notarization. Tax consequences should be checked under the Tax Code of Ukraine on the date of notarization.

The sample keeps the practical points on title, encumbrances, spouse consent, costs, acceptance of the gift, and the notary's explanations. Replace the placeholders with the actual apartment details and the documents in hand.

Apartment Gift Agreement with a Representative
Kyiv, "__" ____________ 20__

Citizen of Ukraine [full name of the Donor], taxpayer registration number [number], passport [details], residing at [address], acting through representative [full name of representative] under a notarized power of attorney dated "___" ____________ 20__ and registered under No. ___, on the one side, and citizen of Ukraine [full name of the Donee], taxpayer registration number [number], passport [details], residing at [address], on the other side, hereinafter the Donor and the Donee, have entered into this Agreement as follows:

1. The Donor, acting through the representative, transfers free of charge into the ownership of the Donee, and the Donee accepts as a gift, apartment No. __ in building No. __ at [address].
2. The Donor's ownership of the apartment is confirmed by [title deed, details]. If the right is already registered, the registered right and any encumbrances must match the State Register of Rights to Immovable Property and Their Encumbrances.
3. The apartment consists of __ rooms and has a total area of __ sq. m and a living area of __ sq. m. Technical characteristics are stated according to the technical passport or other current documents for the apartment.
4. The Parties value the gift at UAH __. The valuation is used for drafting the agreement and, if needed, for taxation of the gift.
5. The Donor confirms that, at the time of signing this Agreement, the apartment has not been sold to anyone else, gifted, otherwise alienated, and is not under arrest, mortgage, pledge, tax lien, or any other encumbrance; there is no dispute about it, it has not been contributed to the charter capital of legal entities, it is not the subject of an inheritance agreement, and no third-party rights exist. If other persons are registered in the apartment or retain a right of use, this must be checked separately and stated in the agreement.
6. If needed to confirm that no children or other persons are registered in the apartment, a current certificate of registered residents in the dwelling or information from the territorial community register is provided.
7. The Donor's representative and the Donee, in the presence of the notary, confirm that they understand the meaning and legal consequences of this Agreement, act voluntarily, without coercion, fraud, mistake, or severe circumstances, have the required legal capacity, and are not in a state that prevents them from understanding the content of the Agreement.
8. This Agreement is entered into with the consent of the other spouse if the apartment is jointly owned by spouses. If the apartment is the Donor's personal private property, such consent is not required.
9. All expenses related to drafting this Agreement, notarization, state registration of ownership, and other mandatory payments are borne by the Donee unless the Parties agree otherwise.
10. Ownership of the apartment arises for the Donee after acceptance of the gift and state registration of the ownership right. Receipt of the Donee's copy of this Agreement after notarization confirms acceptance of the gift.
11. The Donor has been informed that a gift agreement is gratuitous and therefore may not demand any action in return for their own benefit, whether of a property or non-property nature.
12. The Donor confirms that no defects or special characteristics of the apartment are known to them that could be dangerous to the life, health, or property of the Donee.
13. The Parties have been informed of Articles 203, 209, 215, 717-722, and 727 of the Civil Code of Ukraine, Articles 57, 60, and 65 of the Family Code of Ukraine, and the rules on state registration of rights to immovable property.
14. The Parties state that the content of this Agreement and the norms referred to in clause 13 are clear to them and that no unanswered questions remain.
15. This Agreement is executed in two copies: one is kept in the notary's files, and the second is issued to the Donee.