Apartment Share Gift Agreement for a Minor Child

Below is a working sample of a gift agreement for a 2/3 share of an apartment to a minor child. In this form, the child's legal representative - the mother, father or guardian - signs on the child's behalf. If the share of the apartment is part of the spouses' joint property, check whether notarized consent of the other spouse or another valid legal basis for the transfer is required. Tax consequences depend on kinship and the legal status of the property, so check them under the current Tax Code of Ukraine on the date of notarization.

The sample keeps the practical clauses on title, absence of encumbrances, costs, acceptance of the gift, and state registration of ownership rights.

Apartment Share Gift Agreement for a Minor Child
Kyiv, "___" ____________ 20__

Citizen of Ukraine [Donor's full name], taxpayer registration number [number], passport [details], residing at [address], on the one side, and minor child [Child's full name], taxpayer registration number [number if any], residing at [address] and represented by [Mother/Father/Guardian's full name] as legal representative, on the other side, hereinafter referred to as the Donor and the Legal Representative of the Minor Child, have entered into this agreement as follows:

1. The Donor gives and the legal representative of the minor child accepts on the child's behalf as a gift the Donor's 2/3 share of apartment No. __ in building No. __ at [apartment address].
2. The Donor's title to the share being transferred is confirmed by [title document and details]. If title is already registered, the information must match 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 apartment documents.
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, is free of third-party rights, has not been contributed to the share capital of any legal entity, and is not subject to an inheritance contract.
6. If the notary requires a certificate confirming that no persons with use rights remain in the apartment, the parties provide the relevant certificate.
7. The Donor confirms that this agreement is gratuitous and does not require the minor child or the child's legal representative to perform any property or non-property acts in the Donor's favour unless the law expressly provides otherwise.
8. All costs related to the preparation of this agreement, its notarization, state registration of ownership rights, and other necessary payments are paid by the Donor, unless the parties agree otherwise.
9. The Donee's ownership of the transferred share of the apartment arises from the moment of notarization of this agreement and state registration of ownership rights. The Donee's receipt of the signed copy of this agreement after notarization counts as acceptance of the gift.
10. The parties are familiar with Articles 203, 207, 209, 215, 717-719, 722, 242 of the Civil Code of Ukraine and the rules on state registration of rights to immovable property.
11. The content of this agreement and the provisions referred to in the previous clause are clear to them, and they have no unresolved questions.
12. The agreement is drawn up in three copies, one kept in the notary's records and the others given to the Donor and the legal representative of the minor child.

SIGNATURES:

Donor ____________________

Legal representative of the minor child ____________________

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, the Donor's legal capacity and the authority of the legal representative of the minor child have been checked, and the Donor's ownership of the transferred share of the apartment has been confirmed.