Property issues have always caused a variety of disputes among citizens. Today we have to find out if the consent of the spouse for the sale of the car is necessary in any case. What scenarios are possible? What threatens the presence / absence of such consent? When can you not get it? The answers to all these questions will be discovered later. In fact, understanding all these features is easier than it sounds. It is enough to study issues related to the common property of a husband and wife. Similar features are spelled out in the Family Code of the Russian Federation. What are the nuances that every person who has married should pay attention to?
Types of property
Do you need a spouse's consent to sell the car? A definite answer will not work. The fact is that property issues in Russia have a huge number of different features.
Much depends on the type of real estate or movable property. It's no secret that today there are several types of property.
Namely:
- Personal. It belongs to a particular spouse. Husband / wife have no rights to him. Typically, such property includes everything that the spouses had before marriage.
- A joint. It is called jointly acquired. Article 35 of the Family Code indicates that the common property of spouses is used by joint decision of the husband and wife. This property includes everything that was acquired during the marriage.
So what scenarios are not ruled out in practice? What to stop attention in the first place? Are there any features that can cause a lot of trouble to the family?
Article text
Yes, and there are not so few of them. Spouse's consent to the sale of the car is necessary or not? In order to accurately answer this question, you will have to carefully study article 35 of the RF IC. It, as already mentioned, indicates all the features of the disposal of common property.
According to the law, husband and wife:
- Joint property is disposed of by mutual agreement.
- If one of the spouses makes a deal with the property, it is assumed that the other half agrees to translate the idea into reality.
- Some sales transactions (those that require state registration) require the notarized consent of the second spouse to conduct the operation.
It is such rules that are provided for today by law. Despite these features, it is not clear to everyone whether it is important to have a spouse's consent to sell the car.
Notarial consent
We will try to find out. From the foregoing, we can conclude that some transactions with common property do require a notary to obtain consent from a husband or wife. But this is far from a mandatory operation in most cases. After all, initially, when making certain transactions, the consent of the second spouse to the implementation of the idea is implied.
Article 35 of the Family Code states that an appeal to a notary public to obtain the appropriate document is necessary:
- if real estate is sold (houses, villas, apartments and so on);
- if for the transaction it is necessary to carry out state registration of transfer of ownership of property.
Accordingly, car sales are not included in such operations. They cannot demand any written consent from a citizen.Neither at the notary public nor at the traffic police when re-issuing transport. Requiring such a document is prohibited by law.
Ambiguity
But in reality, everything is not as simple as it seems. The disposal of common property, as already mentioned, implies the mutual consent of the spouses to conduct a particular transaction. What to do if a husband or wife refuses to sell a car?
According to the article of the Family Code already familiar to us, a spouse’s disagreement on a deal with common property gives the citizen the opportunity to annul it. This means that the sale of cars can be recognized as invalid.
Do you need a spouse's consent to sell the car? It all depends on the relationship in the family. If we are talking about joint property, and the spouses do not trust each other, it is necessary to obtain written consent and draw it up with a notary public. Otherwise, the husband / wife will be able to declare the transaction invalid. In a relationship of trust, such paper is usually not needed.
Cases for declaring a transaction invalid
What can serve as a basis for going to court? Life is unpredictable. During it, various events can occur.
If the spouse’s consent to the sale of the car was not given, then the dissenting citizen will be able to appeal to the court in the following situations:
- The spouse who issued the sale of the common property received the money from the transaction and spent it on personal needs. Usually they are gambling, alcohol, drugs and so on.
- The proceeds from the sale of common property are spent only on the citizen who executed the transaction. That is, money is not used for family purposes. For example, they are spent on personal vacation, medical care, treatment or a person’s hobby.
- The spouse who conducted the transaction did not fulfill the conditions under which the husband / wife agreed to the operation. For example, the money was not used in the way it was originally agreed.
All of these situations are grounds for cancellation of the transaction. That is why the contract of sale of a car for individuals often conditionally requires the seller's consent from his spouse to conduct the operation. This technique will protect the parties from unforeseen litigation.
An exception
Despite all these features, there are almost always exceptions to Russian law. The spouse's consent to the sale of the car is ideally necessary when it comes to jointly acquired property. They are not entitled to demand it, but this document will protect the parties from judicial debate.
What exceptions are we talking about? If a car owned by the spouse before marriage is sold. In other words, at the disposal of personal property. As has already been emphasized, usually we are talking about premarital property. In such circumstances, the husband / wife should not, even for the safety of the transaction, issue notarized consent. Cancellation of the operation will not be carried out if the spouse does not agree with the sale of the personal property of the husband or wife.
Prenuptial agreement - zero problems
There is another pretty interesting layout. The spouse’s consent to the sale of the car is not required if a so-called prenuptial agreement is concluded between the husband and wife. This document regulates the rules for the disposal of the common property of spouses.
Only in order for the contract to allow transactions with movable property without a wife / husband, it is necessary to register the corresponding clause in the contract. In this case, you must specify who has the right to alienate the car.
Accordingly, a lot depends on the specific situation. The rules for the sale of the car do not have instructions regarding the registration of the consent of the spouse for the operation. As was emphasized earlier, it is better to have a similar document, but its execution cannot be called an extremely important, mandatory operation.
Order of registration
Suppose a husband and wife decide to sell a joint car.What do they need to do? How to get a spouse’s notarized consent to sell a car? A sample of this document will be given a little later. First you have to understand how to act.
In reality, everything is much simpler than it might seem at first glance. In order to obtain the consent of a wife or husband to conduct operations with joint property from a notary public, you must:
- Collect a specific package of documents. A complete list of them will be listed later.
- Write a statement of the established form.
- Contact a notary office to certify the document. It is imperative to take a package of papers prepared in advance with you.
- To issue a purchase and sale of a car in accordance with generally accepted rules. It is best to do this in the presence of a second spouse. Then written consent does not take place.
Quick, easy, easy. In practice, there are more and more cases of sales in the presence of both spouses. If it is possible to confirm the fact of the stay of the wife or husband during the implementation of the task, the transaction will not be canceled.
About Documents
What papers can come in handy? They are not very many. The paperwork at registration of the consent of the spouse for a transaction with common property is minimal. A car purchase and sale form or an operation contract is not needed. Typically, such securities appear after the settlement between the spouses of issues related to transactions.
Among the necessary papers that will have to be attributed to a notary public, there are:
- passports of spouses;
- Marriage certificate;
- statement of consent;
- certificates indicating the property rights of the husband and wife.
Nothing more is required. All these documents are referred to the notary, after which the consent is confirmed. From this moment, the second spouse will be able to carry out transactions with the specified property.
Sample
Perhaps this is all that citizens should know about the topic being studied. Spouse's consent to the sale of a car purchased in a marriage is necessary. Not always, but it is better to have it for security reasons.
What exactly does the corresponding statement look like? It can be like this:
I, (data of a consensual spouse), wife / husband (information about the husband or wife conducting the transaction), agree / agree to the sale of our common property - a car (data about a car). My husband / wife may conduct sale and disposal transactions with this joint property.
That's all. If you already have a form for buying and selling a car, you can register your consent to the sale to specific people. A similar phenomenon is a rarity. Therefore, the usual permission is issued for all types of transactions with common property.
Now it’s clear whether it is so important to have a spouse’s consent for operations with the joint property of the husband and wife. Nobody has the right to demand such a document, but its availability greatly facilitates life.
