Question: I would like some advice regarding my parents' desire to donate their only home to me. The problem is that, due to their complicated relationship with my husband, they would not want to donate their property to me in exchange for maintenance and support, because they fear that in the event of a divorce, he will make claims to the property on the grounds that he also participated in their maintenance and support. I tried to clarify the issue of donations, but the matter seemed complicated and unclear to me.

A donation is a contract by virtue of which the donor immediately and gratuitously transfers his property to the donee, who in turn agrees to accept it. The subject of the donation may be property rights that have a monetary expression (movable or immovable property), company rights, incl. securities, etc. The donation is made in writing with notarized signatures or by delivery, and for securities - in the proper manner for their transfer.
The parties to the donation contract are the donor and the donee / donee /. When the donor is a natural person, he must be legally capable. That is, a donation concluded by an incapacitated person is void. As a rule, the donor must be the holder of the rights that are the subject of the contract, but the donation of another person's property is not void.

Any natural or legal person can be gifted. However, for this contract to produce legal effect, the consent of the donee is required.
When a donation is made to a person under 14 years of age, the consent of his parent or other legal representative is required.
When a donation is made to a person who is 14 years of age but under 18 years of age, the consent of the donee is required, as well as the consent of his parent or other legal representative.
Exceptions are cases in which the subject of the donation is a small item to meet the child's current needs, e.g. a bag, clothes, shoes, etc.
When a donation is made to a legal entity, the consent of an authorized representative of that entity is required.

Only adults with legal capacity who are not restricted in their right to dispose of their property may make a donation. Otherwise, the donation is null and void. The donation is also null and void: - of future property, i.e. property that does not yet exist;
- made under a moratorium or termination period;
- made under an impossible condition and burden, or a condition and burden contrary to good morals; The promise of a donation is also null and void; It is common practice to disguise a purchase contract through a donation contract - sale of property for the purpose of not paying taxes to the local treasury. This makes the donation a simulated transaction, which is considered invalid and has no legal effect.

When the donation is between persons who are not direct relatives, a local tax is due in the amount determined by the municipal council for the location of the real estate.
An exception to the rule is the cases in which the donation is made between direct relatives (between parents and children or between grandparents and grandchildren), in which case no local tax is due.
A donation of a large value, which significantly reduces the property of other heirs of the donor, can be contested in court after his death.
Often the donor makes a donation under certain conditions (most often - an obligation to care for, support or subject to compliance with both conditions), which the donee agrees to fulfill. Otherwise, the donation may be revoked by the donor or contested by the heirs and other interested parties.

The complexity and unpredictability of family relationships, as well as the practice of abuse of the donor's property by unscrupulous donees, give grounds for the legislator to provide a form of donation that significantly protects the donor's right to benefit from his property until the end of his life. In most cases, this refers to a gratuitous and unconditional donation of housing. In such a donation contract, the donee does not assume jointly or separately obligations to care for and support the donor, but agrees to accept the donation on the condition that the donor retains the right to use his housing until the end of his life.
The donation is not a final and indisputable act. It may be contested and / or revoked under the following conditions:
– by persons entitled to a reserved portion, who can only assert their claims through a court order for the restoration of their reserved portion. The challenge may beequal within five years from the death of the donor. After the expiration of this period, the claim shall be extinguished by statute of limitations;
– in the event of an attack or complicity in an attack by the donee on the life of the donor or members of his family, except in cases excluding the punishability of the act;
– in the event of the donee's incitement to commit a crime punishable by imprisonment for more than 3 years or by a severe punishment, unless the incitement is prosecuted upon a complaint by the victim and such a complaint has not been filed;
– in the event of divorce, when the donation was made in connection with marriage, and the donee is a spouse or his relatives;
– in the event of termination of adoption, when the donation was made in connection with adoption.
In the event of any of the above hypotheses, the donor has the right to cancel the donation made. In this case, the deadlines for filing a claim for the cancellation of the donation are important.
The claim may be filed within one year from the date the donor became aware of the grounds for the cancellation of the donation. Until the expiration of this period, the claim may also be filed by the donor's heirs, if he has died before that. The preliminary waiver of this claim is null and void.

The cancellation of the donation does not affect the rights that third parties have acquired over the donated property before the filing of the claim, but the donee owes the donor compensation for what he has enriched himself with.
Both the donor and the donee must consider their actions in advance and choose a form of donation that maximally protects the donor's interest and corresponds to the donee's ability to fulfill the terms of the donation.

This article examines some aspects of the topic and does not represent full analysis of the problem. 

Author: Petya Stoevska, Dr. Sc