Anna Saliienko

Lawyer

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saliienko@prikhodko.com.ua

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Family law specialist. Deals with issues of divorce, alimony, division of property and adoption.

Gift agreement for a minor child

A gift agreement is one of the most common ways of transferring property to another person.

The issue of the possibility of donating real estate to minor children is particularly relevant.

In this article, we will consider the legal features of concluding such an agreement, the requirements of the legislation and answers to the most frequently asked questions.

Is it possible to conclude a gift agreement for a minor child?

Ukrainian legislation allows the conclusion of a gift agreement in favor of a minor, however, there are a number of restrictions and requirements.

Mandatory written form — a contract of donation of real estate is always concluded in writing.
Notarial certification — a real estate donation agreement is subject to mandatory notarial certification and state registration of ownership.
Consent from guardianship and trusteeship authorities – if the donor is one of the parents or legal representatives of the child, permission from the guardianship authorities must be obtained.

From what age is it permissible to conclude a gift agreement?

The civil legal capacity and capacity of children depends on their age:

Minors (under 14 years old) – the agreement is drawn up and signed on their behalf their parents or official guardians.

Minors (14 to 18 years old) – can sign the contract on their own, but only with written permission from their parents or guardians.

Is it possible to give an apartment to a child without the consent of the guardianship authorities?

If the donation agreement is concluded by a third party (not a parent or guardian), then the consent of the guardianship authorities is not required.

However, if the donor is one of the parents or guardians, according to current legislation, such an agreement is possible only with the permission of the guardianship and trusteeship authorities.

Is it possible to give a share in an apartment to a minor child?

Gifting a share in the ownership of real estate to a minor is possible, but it is subject to the same requirements as gifting the entire apartment. In the case where the apartment has several co-owners, their consent must be obtained, unless otherwise provided by law.

Features of concluding a gift agreement in favor of a minor

Execution of the contract — the notary checks all documents and the availability of necessary permits.
Child’s ownership rights — after the contract is registered, ownership rights are transferred to the child, even if he or she does not have full civil capacity.
Refusal of a gift – a minor cannot refuse a gift on their own; only their legal representatives can do this in the interests of the child.
Registration costs – the costs of notary registration, registration of ownership, and payment of taxes are borne by the donor, unless otherwise provided for in the contract.

It will also be useful: Probate lawyer

Can a donation agreement be appealed?

A gift agreement may be declared invalid in the following cases:

If it was concluded in violation of the rights of the child.
If the mandatory consent of the guardianship authorities has not been obtained.
If the fact of coercion or deception is established.
If the donor was incapacitated at the time of signing the contract.

Taxation when giving to a minor

When donating real estate to close relatives (including a child), personal income tax is not payable. However, administrative fees for registering rights to real estate and payment for notary services must be paid.

What happens to property if a child’s parents divorce?

Once donated, the property belongs directly to the child and cannot be divided between the parents in the event of a divorce. However, the parents remain responsible for its maintenance and may represent the child in legal matters related to the property.

How to draw up a gift agreement in case of going abroad?

If a child and his family are planning to travel abroad, it is important to consider the following points:

Real estate gifted to a child remains in their ownership regardless of the change of residence.
To carry out any transactions with property outside Ukraine, permission from guardianship and trusteeship authorities may be required.
If parents wish to sell or exchange real estate gifted to a child, they must obtain permission from the relevant government authorities.

Gifting real estate to a minor child is a legal, but rather complicated procedure that requires compliance with certain requirements.

The main thing is to take into account the interests of the child, comply with legal regulations and properly draw up documents to avoid possible legal problems in the future.

Before making a gift, it is worth consulting with a qualified lawyer to take into account all the nuances and make the transaction as safe as possible.

Drawing up a gift agreement in favor of a minor child requires detailed legal analysis and compliance with all legislative requirements. To avoid risks and legal complications, we recommend contacting professional lawyers.