Gift Agreement for a 1/2 Share in an Apartment After the Area Changed as a Result of Construction

Below is a working sample of a gift agreement for a 1/2 share in an apartment after the area changed as a result of construction. If the apartment is jointly owned by spouses, a notarized consent from the other spouse should be checked before signing. After notarization, title to the share must be registered in the State Register of Real Rights to Immovable Property.

The text keeps the practical points on title documents, the technical passport, absence of encumbrances, value, acceptance of the gift, costs, and registration of title. The area and layout of the apartment should be checked against the current documents on the date of signing.

Gift Agreement for a 1/2 Share in an Apartment After the Area Changed as a Result of Construction
Kyiv, "__" ____________ 20__

[Full name of the Donor], taxpayer registration number [number], passport [details], residing at [address], on the one hand, and [Full name of the Donee], taxpayer registration number [number], passport [details], residing at [address], on the other hand, hereinafter together referred to as the Parties, have entered into this agreement as follows:

1. The Donor gratuitously transfers to the Donee the 1/2 (one-half) share in apartment No. __ in building No. __ at [apartment address], and the Donee accepts that share as a gift.
2. The Donor's title to the share being transferred is confirmed by [title document, details], the commissioning act for the building or another completion document, the technical passport, and the data of the State Register of Real Rights to Immovable Property.
3. The apartment consists of __ rooms and has a total area of __ sq. m and a living area of __ sq. m. If the area changed after completion or after the technical documents were issued, the Parties shall verify the data against the current technical passport and the register data.
4. The Parties value the gift at UAH __. The valuation is used for drafting the agreement and, if needed, for tax purposes.
5. The Donor confirms that, at the time of signing this agreement, the share being transferred has not been sold to anyone else, not gifted, not otherwise alienated, and is not under arrest, mortgage, pledge, or any other encumbrance. There is no court dispute about it, no third-party rights have been claimed, it has not been contributed to the charter capital of legal entities, it is not the subject of an inheritance agreement, and the apartment has not been transferred under a management agreement.
6. If the apartment is the joint marital property of spouses, the second spouse's consent to the gift of this share is provided in writing in notarized form.
7. If the notary requests proof of registered persons or persons who have the right to use the apartment, the Parties shall provide the relevant certificate.
8. The Donor confirms that this agreement is gratuitous and does not require the Donee to perform any property or non-property acts for the Donor's benefit, unless otherwise expressly provided by law.
9. All costs related to drafting this agreement, its notarization, state registration of title, and other necessary payments are paid by the Donor unless the Parties agree otherwise.
10. The Donee acquires title to the transferred share of the apartment from the moment of state registration of title. Receipt by the Donee of a copy of this agreement after notarization is deemed acceptance of the gift. Transfer of the keys, if it took place, confirms the factual acceptance of the dwelling.
11. The Parties have reviewed Articles 182, 203, 207, 209, 215, 334, 717-722, and 727 of the Civil Code of Ukraine, Article 65 of the Family Code of Ukraine, and the Law of Ukraine "On State Registration of Real Rights to Immovable Property and Their Encumbrances".
12. The content of this agreement, as well as the content of the rules mentioned in the previous clause, is clear to them; there are no unresolved questions left.
13. This agreement is drawn up in three copies, one of which remains in the files of the private notary and the others are issued to the Donor and the Donee.

SIGNATURES:

Donor ____________________

Donee ____________________

"__" ____________ 20__ this agreement was certified by me, [full name of notary], private notary of [notarial district]. The identities of the Parties have been established, their civil capacity has been checked, and the Donor's title to the transferred share of the apartment has been confirmed.