Apartment Share Gift Agreement by Power of Attorney

Below is a practical sample of a gift agreement for a 1/3 share of an apartment by power of attorney. The donee acts through an attorney-in-fact under a notarized power of attorney, and a separate statement from the donor's wife is attached to the documents.

The template fits the situation where the apartment share belongs to the donor as his personal private property after privatization. If your case shows signs of spouses' community property, the spouse's consent and the title documents should be checked separately before signing. The tax consequences of the gift are checked under Article 174 of the Tax Code of Ukraine on the date of notarization.

Placeholders below are left for the parties' details, the power of attorney, the title document, the area, the valuation, and the notary.

Gift Agreement for an Apartment Share by Power of Attorney
Kyiv, "__" ____________ 20__

A citizen of Ukraine [Full name of Donor], residing at [address], on the one hand, and a citizen of Ukraine [Full name of Representative], acting on behalf of [Full name of Donee] under power of attorney dated [date] No. [number], notarized by [notary, notarial district], hereinafter referred to respectively as the Donor and the Donee, being fully aware of their actions, acting voluntarily and without coercion, fraud, or concealment of material facts, and in the presence of notary [full name, notarial district], have entered into this agreement as follows:

1. The Donor gratuitously transfers into the ownership of the Donee, and the Donee through the Donee's representative accepts as a gift, a 1/3 share of apartment No. __ in building No. __ at [property address], without partition of this share in kind.
2. The Donor's ownership of the apartment share is confirmed by [title document, details]. If the right has already been registered, the information about it is recorded in the State Register of Real 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 __, other technical data 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 tax purposes.
5. The Donor confirms that, at the time of signing this agreement, the apartment share has not been sold, gifted, or otherwise alienated, has not been contributed to the charter capital of a legal entity, has not been transferred under a management agreement, and is not subject to arrest, mortgage, pledge, or any other encumbrance. There is no court dispute concerning it, and no third-party rights, including under lease or loan-for-use agreements, have been claimed.
6. The Donor confirms that this apartment share was acquired through gratuitous privatization, is his personal private property, and is not spouses' community property. The donor's wife statement is attached to the agreement as a separate confirmation that there are no claims to this share.
7. If keys or other documents were handed over to the Donee's representative before signing, this confirms factual acceptance of the gift, but ownership arises only after notarization and state registration of the ownership right.
8. The Donee's representative confirms the validity of the power of attorney and the authority to accept the gift and sign this agreement.
9. The Donor bears the costs related to drafting, notarization, and state registration of the ownership right unless the parties agree otherwise.
10. This agreement is subject to notarization. The Donee acquires ownership of the apartment share from the moment of state registration of the ownership right after notarization of this agreement.
11. The Donor confirms that this agreement is gratuitous and does not impose any property or non-property obligations on the Donee except those expressly provided by law.
12. The Donor confirms that he is not aware of any defects or special characteristics of the apartment share that could be dangerous to the Donee's life, health, or property. If such information exists, the Donor disclosed it before signing the agreement.
13. The parties are familiar with Articles 237-248, 334, 717-719, 720-722, 724-727 of the Civil Code of Ukraine, Articles 57, 60, 65 of the Family 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. The draft agreement has been prepared by the notary taking into account the conditions mandatory for agreements of this kind, and has been read and approved by the parties.
16. The agreement is executed in three originals: one is kept in the notary's files, the second is given to the Donor, and the third is given to the Donee through the Donee's representative.

Statement of the Donor's Wife

To notary [full name, notarial district]

I, [full name of the Donor's wife], am aware of my husband's [full name of Donor] intention to gift his 1/3 share of the apartment at [property address]. I confirm that this share was acquired through privatization, I do not consider it spouses' community property, and I have no claims to it.

I submit this statement for the notarization of the gift agreement.

Signature ____________________ /[full name of the Donor's wife]/

The identity of the declarant, her legal capacity, and the marriage relationship were verified by the notary by passport [details], and the authenticity of the signature was notarized.