Do I need my wife's permission to sell a car?

Is a spouse's consent required to sell a car?

Russian laws provide that spouses dispose of property acquired during marriage jointly. However, according to the documents, one of the members of the couple is usually listed as the owner of the car. Let's find out whether the spouse's consent is needed to sell the car or whether the owner indicated in the STS can sell it independently.

Documents required when selling a car

When concluding any transactions, their participants must document their identity and right to sign the agreement. When completing a transaction for the acquisition and alienation of a car between individuals, you will need:

Additionally the following may be presented:

OSAGO policy.
Vehicle diagnostic card - this document is now used instead of a canceled technical inspection ticket.
Service book.

When executing transactions between legal entities or legal entities and individuals, the list of required papers increases.

Is it necessary to obtain a spouse's consent to sell a car?

The question of whether the consent of the husband or wife is required when selling a car is quite complex from a legal point of view. First of all, you should clearly understand what is meant by the word “consent”. By law, all property acquired during marriage is the joint property of the married couple. Assets acquired by each spouse prior to marriage are excluded. Also, valuable gifts issued during marriage, as well as inheritance received by the husband or wife, do not apply to joint property. Accordingly, if you bought a car before marriage or your parents gave it to you before marriage, you have every right to sell the car without your spouse’s consent.

Everything acquired during marriage with the income of one of the members of the married couple or with joint savings, as well as wedding gifts, are considered joint property, and none of the spouses has the right to dispose of such property, especially valuable ones, individually. Thus, the permission of the second spouse to sell the car in this case is mandatory.

The legal subtlety of the issue is that documented permission to sell the second spouse’s car is not required. It is believed that the formal owner of the car has such consent, expressed orally.

An officially issued permit is required for:

sale of real estate;
alienation of property, in which the transfer of ownership is subject to state registration.

Nevertheless, legal confirmation of the permission of the spouse of the vehicle seller to conclude a transaction is desirable for the buyer. The reason is that in the absence of this consent, the transaction may be terminated through the court.

When a car sale transaction can be declared invalid

In all cases where the husband sold the car without the consent of the wife or the wife sold the common property without the permission of the husband, the actions of the seller are illegal. Accordingly, there are grounds for declaring the transaction invalid. In this case, the obligation to prove the lack of permission falls on the party that initiated the termination of the purchase/sale agreement.

Clause 2 of Article 35 of the Family Code of Russia states that transactions made with joint property by one of the spouses are considered to be made by mutual consent. They can be dissolved only on the initiative of the second member of the couple. To recognize the invalidity of the contract, it is necessary to prove that the seller knew about the spouse’s disagreement. The following may also be grounds for termination of the transaction:

As we can see, there are many options for invalidating a transaction. If this happens, the buyer will have to return the car and the seller will have to return the money.

When a spouse's consent to sell a car is not required

Selling a car without the consent of a spouse is possible if we are talking about the property of the seller. It could be:

A car purchased before marriage.
A car received by inheritance.
A vehicle received under a gift agreement.

How to obtain the consent of the second spouse for the sale of a vehicle

The easiest way to obtain permission from the second member of a married couple to alienate a car is to enter this fact into the purchase/sale agreement, indicating the passport details of this family member, and certify the document with the signatures of both spouses. You can also issue such consent separately, as an annex to the car purchase agreement. A sample of a spouse’s consent to sell a car, drawn up in a separate document, is presented below.

In addition, it is also possible to obtain a notarized power of attorney from the second member of the family couple to alienate the vehicle.

Conclusion

When concluding a transaction for the purchase/sale of a car, the formal consent of the seller’s husband/wife is not formally required. However, in order to avoid unpleasant surprises in the future, the buyer is recommended to request from the seller documentary evidence of the spouse’s permission to sell the vehicle. Otherwise, if they want to terminate the contract, the seller’s spouse has every chance of achieving their goals through the court.

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Spouse's consent to sell a car

By law, all property acquired by spouses during marriage is considered joint property - this is indicated in the Family Code of the Russian Federation (Article 34). But there are exceptions to this rule for certain types of property. And the sale of a vehicle is included in the list of special situations and requires special attention. The married couple needs to take note of all the intricacies of the transaction in order to avoid problems, in which case the agreement may be declared invalid.

Is it necessary to obtain a spouse’s consent to sell a vehicle?

According to Part 1 of Art. 35 of the RF IC, ownership, use and any format for disposing of the common property of spouses occurs by mutual consent. Therefore, the fact that one of the partners carries out a transaction by order is assumed to be acting with the approval of the other.

In parallel to Part 2 of Art. 35 of the RF IC states that an agreement concluded without the knowledge and consent of the other half can be annulled by the court. This is possible if it is proven that the buyer knew about the spouse’s disagreement. In order to have additional guarantees and avoid challenging the car purchase and sale contract in the future, or declaring it invalid, it is advised to document confirmation of the contract.

But assets in the form of a car that were purchased by each spouse before entering into a marriage relationship are immediately excluded from the described rules. As a result, the consent of the husband or wife is not required when selling vehicles purchased before the official marriage.

What documents are needed to sell a car?

When planning to sell a car, you should collect in advance a standard package of documents for registering ownership of the car with the traffic police. The list of required papers includes:

personal passport of a Russian citizen of the new owner;
application for vehicle registration;
technical passport of the vehicle (PTS);
diagnostic technical inspection card;
registration certificate for the previous owner (STS);
an agreement on the basis of which ownership rights are transferred;
a receipt confirming payment of the state registration fee.

In 2019, the fee is 2850 rubles, and if you pay it through the State Services portal, you will be given a 30% discount on the initial cost. Sometimes you may additionally be asked to provide a service book or compulsory motor liability insurance policy.

How to obtain your spouse’s consent to sell a car?

When planning to officially obtain the consent of your husband or wife to sell a vehicle, you should not only collect the appropriate documents, but also fill out the form itself according to the required sample. It is important to do everything without errors, so that in the future there are no complaints regarding the chosen form and degree of participation in the notary procedure.

Correct drafting of consent

According to the law, you can correctly record your spouse’s approval for a car sale transaction using the following methods:

Obtain consent verbally, but in front of witnesses.
Enter the fact of consent into the contract (indicate the spouse’s passport details and certify with signatures the accuracy of the information entered).
Draw up a separate document confirming consent and attach it to the package of papers submitted for concluding the transaction.

Considering that the law does not oblige the car seller to conclude this document for the sale of property without fail, it is allowed to be recorded even as confirmation of a signature by a notary. In this case, the choice of place and method is achieved through agreement of the parties and does not in any way affect the procedure for re-registration of vehicles with the traffic police.

Required documents

If the parties decide to record the agreement in writing, then to formalize it you will need the passport of the husband or wife, which gives approval for the sale of the car. If this document of both spouses does not contain a registration mark from the registry office, then an additional marriage certificate may be required. The remaining papers should be submitted at the time of concluding the agreement on the sale and purchase of the vehicle.

Contents of the document

The law does not establish a strict form of the agreement, but in order to immediately eliminate disagreements and ambiguous interpretation of the main essence of the document, the form must contain the following information:

date and place of the transaction;
information about the individual giving consent to the contract;
indication of passport details and place of residence.
permission to enter into a contract for the sale of a car;
vehicle data;
selling price of the car;
signature of the person (with transcript).

In cases where the agreement is drawn up in simple written form, it will be most effective for the spouse giving his consent to write the entire text by hand.

Sample

A standard consent to sell a car should begin with a header, which indicates the city of residence and the name of the document itself. What follows is the main text, which should include:

Spouse's full name.
Passport ID.
Place of residence.
Marriage registration date.
A phrase indicating that consent has been given.
Full name of the second spouse.
Vehicle registration plate.
An identification number.
Body and engine model numbers.

At the end it is worth writing “Contents of Art. 33-36 of the RF IC, 253.256 of the RF Civil Code were explained to me by the acting notary. I have no material or other claims against my spouse.”

The consent must be drawn up and signed in 2 copies , read aloud to both parties, one of which remains in the affairs of the notary’s office, and the second is issued to the citizen who plans to sell the car.

Is it necessary to certify?

The parties have the right to independently decide whether there is an urgent need to notarize the signature on a written approval, since the legislation of the Russian Federation does not require this. At the same time, it is worth considering that you will have to pay a fee for the procedure for officially verifying the signature (one party, as the initiator of the registration, will pay the entire amount or divide the cost of the service in half). If the spouse’s signature on the agreement is notarized, then such permission can already be challenged.

Although there are certain situations when the presence of permission for a transaction, confirmed by a notary, must be mandatory (Part 2 of Article 35 of the RF IC): if the husband/wife makes a transaction to dispose of property that is subject to state registration. But selling a car is rarely included in this category of transactions, and therefore excludes the forced procedure of contacting professional lawyers.

In what case will the sale of a car be considered invalid?

The final recognition of the transaction as invalid will inevitably lead to the return of the parties (married couple) to their original position: the seller will be obliged to return the car, and the buyer will be obliged to return the money paid under the contract (clause 2 of Article 167 of the Civil Code of the Russian Federation). But in practice, it is not always possible to challenge a specific contract.

For example, a purchase and sale transaction for a vehicle can be canceled when there are circumstances confirming that the buyer was definitely aware of the disagreement of the other half regarding the conclusion of the contract or theoretically should have known about this nuance (clause 2 of Article 35 of the RF IC). And if the party does not express a desire to return the car, then it will be forcibly seized by the bailiff service (Bailiff Service). And in especially rare cases, when the object of the agreement was destroyed, the return must be made in cash equivalent, on the basis of clause 2 of Article 167 of the Civil Code of the Russian Federation.

The most controversial situation arises when the contract is terminated by the court and both parties receive mutual obligations to return the finances and the car itself. And if the seller is theoretically ready to return the money, but the buyer refuses to return the car in return, then the bailiffs will simply confiscate it, even against the will of the citizen. Additional problems arise if the object of the transaction itself is missing.

When the car has been resold after the initial contract, it can be withdrawn from the new owner under similar conditions. Although he also has the right to try to recognize himself as a bona fide buyer by proving that he did not have sufficient information about the situation of the other spouse’s disagreement with the sale of the disputed vehicle. In most proceedings, such persons actually retain problem cars.

As a fallback option, a request to invalidate the transaction can be submitted only after the start of the divorce process, when it comes to the division of jointly acquired property. Thus, a certain spouse, whose permission to the contract was not officially received, has the right to challenge it in court within 1 year from the date of the event. Also, the planned sale of a vehicle may be invalid if: the spouse spent the proceeds on his personal purposes, on alcohol or gambling, or otherwise, without first obtaining the approval of the other half.

In what case can you sell a car without your spouse’s consent?

An attempt to sell a car without the consent of a second family member is permitted only if the movable property is considered the property of the seller. This list usually includes:

a car received by gift;
inherited transport;
a car purchased before marriage.

Guided by the main rules for the division of jointly acquired property, spouses can easily figure out whether it is permissible to sell a car without the consent of the spouse. But besides this, it is important to take into account some exceptions to the rules: the presence of a marriage contract (concluded during any period of cohabitation or before it). An attempt to improve the technical condition of transport at the expense of the family budget is also outside the rules. If these exceptions exist, the standard rules for determining joint interests in property may not apply.

What are the consequences of selling a car without the permission of the other half?

By default, the seller has the opportunity to conclude a deal without formal consent from the other half. However, he should take into account that in the absence of a trusting relationship, if a serious quarrel arises and property is divided during a divorce, the contract with the car may be challenged. But specifically for the buyer, cancellation of the purchase and sale agreement can turn out disastrously.

In case of claims against him, the vehicle will have to be returned voluntarily or based on a decision of the bailiffs. But it may not be possible to get back the money paid to the seller right away, because a person may have time to spend the money received, not have a regular income, or hide it from collection by bailiffs. Therefore, if the buyer wants to insure himself in advance as much as possible against such negative consequences of sudden termination of the contract, he will have to take care in advance to obtain confirmation of the consent of the spouse and the seller to sell the car. In this case, the parties have the right to personally decide in what form it should be drawn up. A document drawn up by a notary has the greatest guarantee that the seller will not refuse the transaction later.

To summarize, the process of obtaining the consent of the second spouse to sell a vehicle is not considered a prerequisite for concluding a transaction. But the presence of such paper will prove to be a reliable legal guarantee that it is impossible for the second spouse to invalidate such an agreement in court.

Wife's consent to sell the car

A car purchased during marriage is the joint property of the spouses.

In accordance with Part 1 of Art. 35 of the Family Code, ownership, use and disposal of the common property of spouses is carried out by mutual consent of the spouses. When one of the spouses makes a transaction to dispose of common property, it is assumed that he is acting with the consent of the other.

At the same time, according to Part 2 of Art. 35 of the RF IC, a transaction concluded without the consent of the other spouse may be declared invalid by the court. This will happen if it is proven that the buyer knew or should have known about the other spouse’s disagreement with it - for example, the spouse, in the presence of the buyer and witnesses, objects to the sale of the car.

To be on the safe side and avoid a possible challenge to the car purchase and sale agreement or its invalidation, you can document confirmation of consent.

Appendix

vehicle
purchase and sale agreement dated “____” ________ 20__

Issued to Nikolai Mikhailovich Sidorov
from Irina Anatolyevna Petrova,
date of birth “___” ___________ 19__,
passport: series _______ number ________,
issued _____________________________,
date of issue “___” ________ 20__
Place of residence: Saratov, st. Volzhskaya, 110

CONSENT
of the seller's spouse to the alienation of the vehicle

"___" _________ 20__

I, Petrova Irina Anatolyevna (passport series ______ N _______, issued by the department of the Federal Migration Service of Russia on ____________________, date of issue “____” ______20__, place of residence: _______________________________, I give consent to the alienation of a Mitsubishi brand vehicle, model ASX, year of manufacture to Mikhail Tikhonovich Petrov 2015, state registration plate A321AA123, identification number (VIN) HGFTK52U9874568155, vehicle passport series 99 KM N 456123, issued by the Central Excise Customs, issue date “____” _________ 20__ (hereinafter referred to as the vehicle) by concluding a sales contract with Sidorov Nikolai Mikhailovich (passport series ______ number _________, issued by the department of the Federal Migration Service of Russia on __________________, date of issue “____” ________ 20__, place of residence: _____________________________) at a price of 200,000 (two hundred thousand) rubles.

The fact of marriage with Mikhail Tikhonovich Petrov is confirmed by a marriage certificate, series II-SI N 741258, issued by the Civil Registry Office of the city of Saratov, date of issue “___” __________ 20__ (copy attached).

The vehicle belongs to me and my spouse under the right of common joint ownership.

Provisions of Art. 35 of the RF IC about the possibility of disposing of common property by mutual consent of spouses.

Appendix:
1. A copy of the marriage certificate, series II-SI N 741258, issued by the Civil Registry Office of the city of Saratov, date of issue “___” __________ 20__.

_________________ /Petrova I.A./
(signature) (Full name)

Do you need your spouse's consent to sell a car? Art. 35 IC RF. Possession, use and disposal of common property of spouses

Property issues have always caused various disputes among citizens. Today we have to find out whether the spouse’s consent to sell a car is necessary in one case or another. What scenarios are possible? What are the consequences of the presence/absence of such consent? When can you not receive it? The answers to all these questions will be discovered further. In fact, understanding all these features is easier than it seems. It is enough to study the issues related to the common property of a husband and wife. Similar features are prescribed in the Family Code of the Russian Federation. What nuances should every person who gets married pay attention to?

Types of property

Do you need your spouse's consent to sell a car? It is impossible to give a definite answer. The fact is that in Russia property issues 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.

Personal. It belongs to a specific spouse. The husband/wife has no rights to it. Typically, such property includes everything that the spouses had before marriage.
A joint. It is called joint property. Article 35 of the Family Code indicates that the common property of the spouses is used by the joint decision of the husband and wife. Such property includes everything acquired during the marriage.

So what scenarios are not excluded in practice? What should you pay attention to first? Are there any features that can cause a lot of trouble for a family?

Article text

Yes, and there are not so few of them. Is your spouse's consent necessary to sell a car 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 consent.
If one of the spouses makes a transaction with property, it is assumed that the other half agrees to bring the idea to life.
Some sales transactions (those that require state registration) require the notarized consent of the second spouse to carry out the transaction.

These are the rules currently provided by law. Despite these features, not everyone understands whether it is so important to have a spouse’s consent to sell a car.

Notarial consent

Let's try to find out. From all of the above, we can conclude that some transactions with common property do require contacting a notary to obtain consent from the husband or wife. But this is far from a necessary operation in most cases. After all, initially, when making certain transactions, the consent of the second spouse to bring the idea to life is implied.

Article 35 of the Family Code states that contacting a notary to obtain the relevant document is necessary:

if real estate objects are sold (houses, cottages, apartments, etc.);
if the transaction requires state registration of the transfer of ownership of the property.

Accordingly, the sale of a car is not included in such transactions. No written consent can be required from the citizen. Neither at the notary, nor at the traffic police when re-registering 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 carry out a particular transaction. What to do if a husband or wife refuses to sell a car?

According to the already familiar article of the Family Code, the spouse’s disagreement with a transaction with common property gives the citizen the opportunity to annul it. This means that the sale of the car can be declared invalid.

Do you need your spouse's consent to sell a car? It all depends on the relationships 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 formalize it with a notary. Otherwise, the husband/wife will be able to invalidate the transaction. In cases of trust, such paper is usually not needed.

Cases for invalidating a transaction

What can serve as grounds 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 go to court in the following situations:

The spouse who formalized the sale of the common property spent the money received from the transaction for 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 completed the transaction. That is, the money is not used for family purposes. For example, they are spent on personal recreation, medical care, treatment or a person’s hobby.
The spouse who carried out the transaction did not fulfill the conditions under which the husband/wife gave consent to the operation. For example, the money was not used as originally agreed.

All of the above situations are grounds for cancellation of the transaction. That is why a car purchase and sale agreement for individuals often conditionally requires the seller to consent from his spouse to carry out the transaction. This technique will protect the parties from unforeseen legal disputes.

An exception

Despite all the listed features, there are almost always exceptions in Russian legislation. The consent of the spouse to sell the car is ideally necessary if we are talking about jointly acquired property. They do not have the right to demand it, but this document will protect the parties from legal disputes.

What exceptions are we talking about? If a car that belonged to the spouse before marriage is being sold. In other words, when disposing of personal property. As has already been emphasized, we are usually talking about premarital property. In such circumstances, the husband/wife should not, even for the sake of security of the transaction, draw up a notarized consent. Cancellation of the transaction will not be carried out if the spouse does not agree with the sale of the husband's or wife's personal property.

Prenuptial agreement - zero problems

There is another rather interesting scenario. The spouse's consent to sell the car is not required if a so-called prenuptial agreement is concluded between the husband and wife. This document regulates the rules for disposing 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 include the corresponding clause in the contract. In this case, you need to indicate who has the right to alienate the car.

Accordingly, much depends on the specific situation. The rules for selling a car do not have instructions regarding the registration of the spouse’s consent to the operation. As was emphasized earlier, it is better to have such a document, but its execution cannot be called an extremely important, mandatory operation.

Registration procedure

Let's assume that a husband and wife decide to sell a joint car. What do they need to do? How to obtain a notarized consent from your spouse to sell a car? A sample of this document will be provided a little later. First you have to understand how to act.

In reality, everything is much simpler than it might seem at first glance. To obtain a notary’s consent from your wife or husband to carry out a transaction involving joint property, you need to:

Collect a certain package of documents. A complete list of them will be listed later.
Write an application in the prescribed form.
Contact a notary office to have the document certified. You must take a package of papers prepared in advance with you.
Complete the purchase and sale of a car according to generally accepted rules. It is best to do this in the presence of the second spouse. Then there is no written consent.

Fast, simple, easy. In practice, cases of purchase and sale in the presence of both spouses are becoming more and more common. If it is possible to confirm the fact that the wife or husband was present during the implementation of the task, the transaction cannot be annulled.

About documents

What papers might be useful? There aren't very many of them. The paperwork involved in obtaining a spouse's consent to a transaction with common property is minimal. A vehicle purchase form or transaction agreement is not required. Typically, such papers appear after the spouses have settled issues related to transactions.

Among the necessary papers that will have to be taken to the notary are:

passports of spouses;
Marriage certificate;
statement of consent;
certificates indicating the property rights of the husband and wife.

Nothing else is needed. All these documents are submitted to the notary, after which consent is confirmed. From this moment on, the second spouse will be able to carry out transactions with the specified property.

Perhaps this is all that citizens should know regarding the topic being studied. The spouse's consent to the sale of a car purchased during marriage is required. Not always, but it's better to have it for safety reasons.

What exactly does a corresponding statement look like? It could be like this:

I, (data about the consenting 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 the car). My husband/wife can conduct sales and alienation transactions with this joint property.

That's all. If you already have a car purchase and sale form, you can register consent for the sale to specific people. Such a phenomenon is rare. Therefore, a regular permit is issued for all types of transactions with common property.

From now on, it is clear whether it is so important to have the consent of the spouse for transactions with the joint property of the husband and wife. No one has the right to demand such a document, but its presence makes life much easier.

Is it necessary to have a spouse’s consent to sell a car and how to obtain it?

A husband and wife who are married and running a joint household dispose of the common property on an equal basis. They can acquire, use and alienate property in favor of third parties on the basis of mutual trust.

However, in some situations, it is necessary to have proof of the consent of the other half to make transactions with family property.

Do I need my husband's/wife's permission to sell the car?

The husband and wife dispose of joint property on the basis of mutual trust and the law does not require the consent of the spouse when making small transactions of a domestic nature.

But there are situations when the presence of permission for a transaction, certified by a notary, must be mandatory (Part 2 of Article 35 of the Family Code of the Russian Federation):

if one of the spouses makes a transaction with real estate;
if the husband or wife makes a transaction to dispose of property that is subject to state registration.

The sale of a car is not included in the list of such transactions, and accordingly, the law does not require a permit in this case.

But this does not mean that transactions where the law does not require notarial confirmation cannot be challenged . If the husband or wife of the seller can prove that the sale of the car was made without their consent, and at the same time the seller knew about it or should have known about it, then such alienation of family property can be declared void by the court (clause 2, part 2, art. 35 RF IC).

Also, the sale of a vehicle may be invalid if :

the spouse spent the proceeds for his personal purposes;
the spouse spent the proceeds from the sale of the car on alcohol or gambling;
the husband or wife directed the funds for other purposes for which the consent of the other half was not obtained.

The exception is cases when a car purchased by a family member before marriage is sold , or the spouse disposes of it based on the terms of the marriage contract. Also, a car received as a gift or by inheritance is considered personal property. However, an inherited vehicle cannot be considered personal if the owner’s spouse has invested a significant amount of money in it, for example for repairs.

Thus, the seller’s actions in disposing of personal property cannot be challenged in any way by his other half, however, the buyer should make sure that the seller has such rights before the transaction.

In all other cases, in order to protect himself from legal proceedings related to the cancellation of the car purchase and sale agreement, the buyer should request the seller to formalize an agreement from his other half to sell the vehicle.

How to compose it correctly?

Due to the fact that the law does not oblige the car seller to enter into the consent of the spouse for its sale without fail , it can be recorded in several ways:

in the form of oral consent in the presence of witnesses;
in the form of a handwritten receipt on a copy of the buyer and seller agreements;
in the form of a separate document, executed both in simple written form and with signature certified by a notary.

What documents are needed?

If the parties decide to record the agreement in writing, then to formalize it you will need the passport of the husband or wife of the seller agreeing to sell the vehicle. If the spouses’ passports do not contain a mark from the registry office on marriage registration, then a marriage certificate may be required.

What should the paper contain?

The law does not establish a specific form of agreement , however, to avoid disagreements and ambiguous interpretation of the essence of the document, it must contain the following information:

Date and place of the transaction.
Data of an individual giving consent for the spouse to complete a transaction for the sale of a vehicle, indicating passport details and place of residence.
Permission to carry out a transaction for the sale of a car indicating its data:

vehicle registration plate;
an identification number;
body and engine model numbers.

Selling price of the car.

Signature of the person giving consent to decryption of the signature.

Download the spouse's consent form for the sale of a car
Download a sample of a spouse's consent to sell a car

Do I need to certify?

The parties themselves decide whether there is a need to notarize the signature on a written agreement , because the law does not require this. It is also necessary to take into account that the notary must pay a fee for the procedure of certifying the signature. It can be paid by the party drawing up the document, but the parties can come to an agreement and divide the costs in half, or they will be borne by the party that initiated the execution of the document.

If the signature of the spouse on the agreement is notarized, then such permission can no longer be challenged by them.

What are the consequences of selling a car without the permission of the other half?

The seller can complete a transaction without obtaining consent from the other half . However, in the absence of a trust relationship, a quarrel between spouses, or division of property during a divorce, the transaction may be contested.

If the court decides that the transaction is void, then by law the parties must restore the actions taken under it to their original state. This means that the buyer will be required to return the car to the seller, and the seller will be required to return the funds received from the buyer.

The seller may spend the money received from the buyer, have no permanent income or hide it from collection by bailiffs. Therefore, if the buyer wants to insure himself as much as possible against such consequences of sudden termination of the contract, he needs to take care of obtaining confirmation of the consent of the seller’s spouse to sell the car .

To complete a transaction for the sale of a car, there is no need to draw up a written agreement from the spouse on the transaction. However, at the request of the parties, this document can be drawn up in order to avoid a future dispute with the cancellation of the car purchase and sale agreement. The parties have the right to independently decide in what form it should be executed, but an agreement drawn up by a notary has the greatest guarantee that the seller will not subsequently refuse the transaction.

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