Do you need your spouse's consent to buy a car?

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)

Consent of the second spouse to purchase a car

Tell me, is it now necessary to obtain written consent from the spouse to purchase a car? Will it be enough to issue a power of attorney to the husband for the purchase?

Russian civil legislation establishes a regime of common joint ownership in relation to the property of spouses, unless they have determined a different regime in the marriage contract. According to the Family Code of the Russian Federation, spouses own, use and dispose of their common property by mutual consent, this is presumed. Thus, when one of the spouses disposes of common property, it is assumed that he acts with the consent of the other spouse.

A transaction may be declared invalid by the court at the request of the other spouse if he proves that the spouse knew or should have known about the spouse’s disagreement to the transaction when making the transaction. The law establishes as a mandatory condition for transactions involving the disposal of real estate or those requiring notarization or state registration, obtaining the notarized consent of the other spouse.

The purchase and sale transaction of a car can be completed in simple written form; the law does not require its mandatory notarization or registration in the manner prescribed by law. Registration of a vehicle with the state traffic police does not constitute state registration of the transaction form. Thus, also taking into account the fact that a car is movable property, the notarized consent of the second spouse to purchase a car into the common property of the spouses is not required by law.

Wife's consent to buy a car on credit

To buy a car on credit and register a pledge on it, do you need to provide a notarized or at least just written consent from your spouse?

Only if this is provided for in the agreement with the bank. If you buy a car while married, then it is subject to the general property regime of spouses (Article 34 of the RF IC). There is a rule: when the subject of the pledge is property, the alienation of which requires the consent of another person, the same consent is necessary for the transfer of this property as pledge (clause 3 of Article 335 of the Civil Code of the Russian Federation). But although the Family Code states that the disposal of the common property of the spouses is carried out by mutual consent, this does not mean that for each such transaction it is necessary to obtain the written, and especially notarized, consent of the spouse.

When one of the spouses makes a transaction, it is automatically assumed that he is acting with the consent of the other spouse (Article 35 of the RF IC). Notarized consent is required only for transactions involving the disposal of real estate and transactions that must be notarized or registered (Clause 3 of Article 35 of the RF IC). The sale of a car (and therefore its pledge) does not apply to such transactions.

However, the obligation to provide the written consent of the other spouse may be contained in the agreement with the bank. The fact is that if the other spouse is against the pledge, he will have the opportunity to challenge the transaction by proving that the bank knew or should have known about the lack of consent (Clause 3 of Article 253 of the Civil Code of the Russian Federation). When the collateral agreement with the bank stipulates that before its conclusion it is necessary to provide the spouse’s notarized consent to the collateral, but in the end the bank issues a loan secured by the car without the consent of the spouse, the courts regard this as the bank’s knowledge of the lack of consent. Accordingly, the court, at the request of the spouse, may declare the pledge agreement invalid (appeal ruling of the Irkutsk Regional Court dated 08/11/14 in case No. 33–6086/2014). If, under the agreement with the bank, the notarial or simply written consent of the spouse was not required, then the spouse will not be able to challenge the transaction, citing his disagreement with it (of course, in the absence of evidence that the bank was aware of the disagreement at the time of concluding the agreement).

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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.

1. 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.
2. 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:

1. Joint property is disposed of by mutual consent.
2. If one of the spouses makes a transaction with property, it is assumed that the other half agrees to bring the idea to life.
3. 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:

1. 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.
2. 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.
3. 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:

1. Collect a certain package of documents. A complete list of them will be listed later.
2. Write an application in the prescribed form.
3. Contact a notary office to have the document certified. You must take a package of papers prepared in advance with you.
4. 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:

1. in the form of oral consent in the presence of witnesses;
2. in the form of a handwritten receipt on a copy of the buyer and seller agreements;
3. 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:

1. Date and place of the transaction.
2. 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.
3. 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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