The contract of life annuity. The subtlety of the agreement

The contract of life annuity. One it seems an easy way to get a property in the house. Others consider this agreement as an opportunity to live with dignity old age. Still others use it only with mercenary, often Criminal intentions. Separately note that as the transferred property can act not only an apartment or a house. However, other objects very rarely appear in agreements of this kind. What difficulties can be encountered by concluding a life annuity contract, what are the rights and obligations of each of the parties?

Let's start with the key points. Today, two types of such an agreement are singled out. One of them involves the transfer of ownership of residential property, with the condition that in return for the owner, up to the time of his death, a monthly fixed amount will be paid. This, in fact, will be the contract of life annuity. The second type of such an agreement assumes slightly different conditions. The owner also transfers the right to housing to another person, but, in addition to monthly payments, he is provided with additional assistance (medical care, Purchase of medicines, etc.). They call such a contract "Lifetime maintenance contract with dependents". These transactions differ from each other not only by the responsibilities and rights of the parties. The conditions for their registration and certification are also different.

In order to facilitate the further narrative, we will determine how the parties are referred to in such agreements. The owner of a dwelling, transferring the rights to it to another person, is the rent-seeking party. A person who took upon himself the responsibility for its maintenance in return for housing, is a transferor.

A rent with a life-long content must be certified by a notary, otherwise such a paper will not have a full legal force. The right of ownership to a dwelling premise passes to the transferor. This fact is subject to mandatory state registration. After this, the tenant is obliged to transfer to the renter each month money, the amount of which can not be less than 2 minimum wages. If the legislation changes, this figure must be indexed. Note that the transfer of ownership can occur both free of charge and for an additional fee.

Having ceased to be considered the owner of housing, the rentee is not deprived of the right to reside in this area. This item must be present in the document. Moreover, it will not be superfluous to envisage obtaining the consent of the former owner for any transactions with the living space previously owned by him.

As for transactions involving not only cash payments, but also rendering Additional services, they are concluded much less often than the contract of lifetime rent. The low popularity of agreements of this kind is due to the fact that it is difficult to determine their exact list, and the amount of additional requirements on the part of the dependent is difficult to predict. Therefore, the rent-seeking party can set difficult requirements that the transferor can not perform. Such a fact, in turn, can serve as the basis for the termination of the transaction.

The contract of life annuity can be terminated only if the employer does not properly perform his duties: he does not transfer money on time.