Do I need my wife's consent to sell 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)

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.

Is it possible to sell a car without an owner: Video

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Is it possible for a husband to sell a car and does he need the consent of his wife?

According to the provisions of Article 35 of the Family Code, when selling jointly acquired property, the consent of the spouse is required for the transaction. Many car owners have a question about whether this provision applies to vehicles. The article gives cases when such a document is required and when it is not.

You will also find out whether it is possible to sell a car without the consent of the wife, bought during marriage before the divorce, and whether the spouse can demand monetary compensation from the husband, whether it is necessary to indicate the circumstances of its sale, if the spouse did this before the divorce, and how to do it correctly.

Do I need my spouse's permission to sell a car or not?

The Family Code addresses the distinction between community and personal property . Article 34 of the RF IC provides a list of joint property, where there is no reference to cars. Such consent is required only for transactions subject to state registration, which include real estate.

Also in favor of the legal position that the spouse’s consent to the transaction is not required is the list of documentation that is required to register the transaction with the traffic police, and which does not include such a document as the spouse’s consent.

However, there are often cases of legal disputes when a husband or wife, on the basis of Part 2 of Article 35 of the RF IC, disputed a transaction. Such claims are often recognized as relevant and cancel the validity of the car purchase and sale agreement (SPA). This is not surprising if the money for the car is taken from the general family budget.

Read more about how to divide a car after a divorce and whether the ex-spouse’s consent is required for its sale here.

If the car was purchased before marriage

When selling it, the second spouse cannot claim the money received from the transaction, which the seller of the car can use for his personal interests, as well as for the interests of the family. Transaction permission is not required in this case.

If acquired during married life, but registered in the name of the husband

Such cases do not impose formal requirements for obtaining consent from the wife if there are no objections on her part. To carry out the transaction, the husband must :

notify your wife in advance;
agree with her on all the nuances of the transaction;
if there are objections, convince the wife of the advisability of the sale;
The money received from the transaction should be contributed to the family budget.

Since the buyer cannot know all the nuances of the transaction and the fact of the wife’s consent, it is best to draw up such a document, which will give the contract maximum legal capacity and subsequently prevent its termination.

If inherited or gifted

If the car is inherited, this must be confirmed by the following documents:

it is included in the certificate of inheritance as an inheritance estate;
the heir must be the only one.

If there are several heirs, the property is transferred into joint ownership. In such cases, when selling an inherited car, you must submit a division agreement or a waiver from other heirs in favor of the seller. With this documentation, the property is considered inherited and does not require consent from the spouse.

Is consent required for sale if the car is donated? The donation must be formalized by an agreement transferring property into personal ownership to the donee , which the car owner has the right to dispose of only personally, without consulting the husband or wife. Accordingly, their consent to the transaction is not required.

Significant improvements available

In the listed cases, when the car was not purchased from the family budget, but was inherited, gifted or purchased before marriage, disputes may arise related to a significant improvement in its characteristics, which was carried out from the family budget.

For example, the equipment has been significantly improved, some parameters have been changed, increasing its cost. Or - he was recovering from an accident, which required considerable investment.

This requires evidence in the form of documents.:

from a car dealership or workshop that the equipment has been changed;
from the traffic police about the fact of an accident (if it occurred);
receipt for payment for car restoration.

If they are available, it makes sense for the seller to obtain the consent of the other half to the transaction.

Funds spent on operating the car and its ongoing repairs are not taken into account, since they are a necessary condition for its normal functioning. Despite the fact that family funds may be spent on them, it is taken into account that family members, being married, share a car.

Marriage contract

According to Article 40 of the RF IC, spouses can draw up a marriage contract at any stage of family relations :

before marriage, if it was subsequently registered;
married;
before its termination.

According to the norms of the Civil and Family Codes, the provisions of the marriage contract come into force, even if they contradict the provisions of these codes. Therefore, when selling a car, you should be guided by what is included in the marriage contract :

If the contract states that a vehicle purchased before marriage, received by inheritance or as a gift is considered joint property, then the consent of the spouse is required.
If it is indicated that the car is considered the husband’s personal property, then consent to the transaction is not required.
In other cases, you should act as specified in the provisions of the contract.

What to do if the husband in a marriage sells a vehicle without his wife’s permission?

What to do if the car was bought during marriage and sold before the divorce? Before you begin to act, you need to make sure that the wife has the right to make a claim to receive a proportionate share from the sale of the car, according to the criteria listed above. If she has the right to joint property, she can:

resolve the issue by peace agreement;
initiate legal proceedings in court.

Car division by agreement

The wife must convince her husband that the division of property by agreement has certain advantages , and also that she has a legal right to a share of the sale of this property. To do this, you need to refer to Article 35 of the RF IC and attach the relevant documents.

In addition, the husband must understand that formalizing the division has unconditional advantages - they guarantee legal security for both parties.

An agreement can only be voluntary when the parties draw it up in a legally capable state, giving an account of their actions. This fact must be certified by a notary. Therefore, spouses need to contact a notary office at their place of residence, where an agreement on the division of property is drawn up and certified.

The document must indicate:

Date and place of imprisonment, name.
Information about the parties to the agreement.
Provide a list of property that is subject to division under this agreement.
Indicate the circumstances of the acquisition of a recently sold car before the divorce and the fact of its voluntary recognition as common property.
Indicate the circumstances of its sale before the divorce and express a good faith intention in its division.
List the property that is transferred by this agreement into the ownership of the wife instead of the car sold by the husband. Indicate that it is derived from the procedure for dividing property after a divorce. Or indicate the proportionate part of the money that was received under the transaction and transferred to the personal possession of the spouse.
Finally, you need to sign the parties and enter their personal data.

Download the agreement form for car division between spouses
Download a sample agreement on car division between spouses

You can draw up such an agreement yourself, and contact the notary with the document already drawn up in two copies. In this case, there is no need to sign. They must be signed by the parties in the presence of a notary in their own hand on each copy.

After signing, the notary must:

make a notarized certification record;
enter information into the register;
issued to the parties against signature.

The agreement comes into force from the moment it is signed , certified and received in hand.

Division through court

If the wife offered to draw up a separation agreement and give her proportionate compensation from the sale of the car, but the husband refused, you can go to court. But to do this, you need to formalize his refusal: get a signature certified by a notary with the refusal.

Since citizens often refuse to sign such documents, the practice of sending them by registered mail with a description of the contents and notification of receipt is used. You can use forwarding even when the spouses still live together by sending a letter to your address.

You can apply to the court:

one month after the letter was sent;
the day after the husband signs the waiver;
no later than one year after the sale of the car.

You need to contact the office of the court at the place of residence of the defendant , who will represent the husband in the claim. If the value of the claim is less than 50 thousand rubles, you need to apply to the magistrate.

It is necessary to write a statement of claim in a form that complies with the norms of Article 131 of the Code of Civil Procedure of the Russian Federation. It consists of a “cap”, notification and petition parts. In conclusion, the date of compilation is stated and a list of attachments is given.

The “cap” contains key provisions for writing statements. Here you need to provide information:

name of the court;
FULL NAME. justice of the peace, number of his precinct;
FULL NAME. plaintiff and defendant, their home addresses.

The notification or explanatory part contains information explaining the fact of what happened . Here it is necessary to establish the price of the claim, commensurate with the loss that the wife suffered from the sale of the car by her husband. The price is set at the beginning of the text, after which the information is succinctly given:

When and under what conditions did the car become the property of the husband?
For what reasons of a property nature does the spouse believe that she has the right to claim the share from the sale of the car indicated in the claim.
The circumstances of the sale of the car by the husband: did he coordinate it with the plaintiff, did he offer (transfer) her a certain amount of money from the transaction.
Evidence of the validity of the claim, which confirms that the car is joint property.
Mandatory testimony before the court that the defendant knew that the spouse was against the sale of the car and that his actions infringed on the legitimate interests of the plaintiff.

In the petition part, you need to indicate points that meet the applicant’s expectations . They may consist of a request to invalidate the transaction, with the involvement of the vehicle in the general property mass for the upcoming division of property. Or - in demanding a specified portion of the money received under the transaction.

The procedure for the upcoming divorce, about which the husband was aware, cancels the effects of paragraph 1 of Article 35 of the RF IC, since obligations arise in relation to the property for its division. If the wife was disingenuous in front of her husband, hiding the divorce decision from him, the court will probably recognize his actions as lawful, since he did not and could not know about the illegality of the transaction, believing that he was acting in the interests of the family.

Therefore, before paying the fee, which ranges from 700 rubles, if the wife claims compensation in the range of 20,000 – up to 60,000 rubles, if the claim is filed for an amount of more than 1 million, you need to consider the legality of your own actions, on which the court’s decision depends on lawsuit

If the court satisfies the wife’s claim, then after receiving the extract, she may demand that the car be included in the total property estate to be divided.

The spouse's consent to the transaction is not required when registering a car insurance policy . But it is advisable to attach it to ensure the buyer that the transaction will not be contested. Property inherited, gifted or acquired before marriage is not considered joint property, and transactions with it cannot be challenged. The vehicle can participate in the division by agreement or through the court.

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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.

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.

Do you need your spouse's consent to sell a car? Find out in advance!

Good day, visitors to my blog!

Today I will tell you about one small but important nuance: do you need your spouse’s consent to sell a car?

Usually people think about such things last or don’t pay attention to it at all. But in vain. Did you know that litigation on this issue is very common in judicial practice?

And they do not always end in a decision in favor of the seller. Your deal may be cancelled, but even if not, you will be left with a lot of headaches and hassle. Do you need extra problems? The question is rhetorical.

So I decided to cover this topic in this article so that you do not have any unforeseen difficulties if you sell a car without the consent of your spouse.

The roots of marital material conflicts

As you know, personal family relationships and the legal meaning of marriage are two different things. And according to statistics, the proportion of marriages with complete mutual understanding and agreement between spouses is very small.

And the risk of a conflict arising regarding the unilateral sale of something, including a car, is always high. Well, cases when such conflicts develop into tedious legal proceedings, respectively, are also “in the trend” of litigation.

And this whole problem for the most part stems not from the natural tendency of people to “get into trouble” on property issues, but from another natural human nature - our laziness. Here you probably have a silent question.

And everything is very simple: if the couple were not lazy to study their union from the legal side, then there would be much fewer problems with property disputes. In practice this, of course, does not look real. What kind of laws and pieces of paper can there be when people have such a celebration of soul and body? Agree.

But this does not solve the problem of ignorance. What's stopping you from having an educational program for yourself after your honeymoon? Objectively, nothing interferes. Is it necessary for each spouse to know the legislation on this matter? The question is somewhat controversial, of course.

But when purchasing, say, just a TV, many of us look at its “operation manual.” But in our country, people usually look at the “instructions” on marriage rights and responsibilities only on the threshold of the court.

It is also strange that the state itself, which is aware of this issue, does not issue such instructions in a beautiful cover with a bow along with marriage certificates, as a hint of the need for familiarization. The name of this document is “Family Code of the Russian Federation.”

This is not a very thick book (a brochure of 50 pages), but a very interesting book in which some will find revelations for themselves. To illustrate, I will cite one comical but typical case as an example of situations that can arise due to the population’s ignorance of basic marital rights and responsibilities.

An acquaintance of mine, who is not very friendly with web surfing, asked me to find him information on the Internet “for the management” of his dependent wife, who is prone to squandering and amusements.

The latter suffered from the persistent conviction that her husband was legally obliged to fully support her financially in absolutely any cases, personal needs and preferences (Yes, a kind of Dasha Bukina in miniature). Because of this, constant quarrels arose in the family because there was only enough money for the general budget and for the children, which is a completely normal family situation.

The culmination of the situation was the solemn statement of the wife that she decided to sue to, literally: “force her husband to fulfill his duties” (!). After this, the indignant, but clearly unsure of his wife’s wrongness, husband turned to me for help.

I told him interesting things about exotic countries with legislation in the traditions of the 12th century, according to which the husband is literally obliged to satisfy all the needs of his wife since he has an “extended package of rights” over her, including mandatory assault at the slightest indiscreet behavior of the woman . And he clarified that all this has absolutely nothing to do with the Russian Federation.

To solve the problem, I simply downloaded and printed out the “Family Code of the Russian Federation,” to which my friend rolled his eyes with a funny question: “So, is all this written here?”

Rights and obligations of spouses when selling a car

Of course, claims and litigation when selling a car usually arise in families with already broken understanding and agreement. There are many such family unions, because life, with its reality, is far from a fairy-tale Disneyland, you must agree.

Therefore, I will push all the moral and ethical subtleties of misunderstanding between spouses aside - this is the sphere of personal relationships. Let us examine only the legal aspect of the issue.

As I already said, matrimonial property relations are legally defined in the Family Code of the Russian Federation (SKRF). It spells out all the basic principles of mutual property and the modes of its disposal.

According to the law, the consent of one of the spouses to various transactions with joint property is required only for transactions with property subject to mandatory state and notary registration (Article 35 of the ICRF). This is real estate. A car, of course, is movable property and does not directly fall under the requirements of marital consent.

In other words, generally speaking, you can sell a car secretly from your wife, but you cannot sell a garage of the same car in the same way. To sell a jointly owned garage, you will need to obtain notarized consent from your spouse.

But you need to keep in mind that all of the above applies only to joint property.

Attention! Jointly acquired property is everything that was acquired from the moment of marriage registration until its dissolution, excluding things of purely personal use. Personal registrations and registrations are not taken into account in this case.

That is, if you, being legally married, bought a car and registered it in your name, this does not mean that the car belongs to you personally. It is movable, jointly acquired property, subject to division in the event of divorce, for example. And it doesn’t really matter what money you bought this car for: your own, shared money, or won in the lottery.

But you can easily sell it yourself (even secretly) if your family has agreement on the disposal of joint property, as indicated by clause 1 of Art. 35. SKRF. Feel free to download this codex and have a look through it.

If there is no agreement, then one of the spouses has every right to demand termination of the transaction in court, in accordance with paragraph 2 of Art. 35. SKRF. In this case, the plaintiff will need to prove that the defendant KNEW OR SHOULD HAVE KNOWN about the plaintiff’s disagreement with the transaction. Note the highlighted key wording.

But even if the sale of the car is agreed upon between the spouses, the transaction may be canceled:

Violation by the seller of the obligations given to the spouse on the basis of which he received consent to sell;
Spending the proceeds by the seller for personal needs, without approval;
Reluctance by the seller to open joint access to the proceeds if the seller has flawed characteristics.

There are also situations when the seller, in any case, has the right to single-handedly resolve issues regarding the alienation of any type of property, including a car. This happens when something is not considered joint property:

If the property belonged to the seller before the marriage;
If the property belongs to the seller on the basis of a gift.

That's all the basic simple rules for selling a car that is jointly owned. I hope you find them useful if the need arises.

When selling a jointly owned car, try to get at least verbal consent from your spouse, expressed clearly, clearly and in front of witnesses who can confirm this in court, if necessary.
A notarized consent to sell joint property will give your transaction more weight, convincing the buyer of your responsibility.
If disagreements arise regarding the sale of a jointly owned car that are resolved in court, it is advisable for the parties to seek advice from experienced lawyers, since the court’s decision in such matters may be influenced by many non-standard circumstances in individual cases.

Conclusion

This is where I end the article, from which it became clear that the sale of cars in joint ownership needs to be approached more seriously and have the consent of your partner/life partner for the planned transaction.

Have you ever found yourself in a situation where your spouse used legal instruments against you when you were trying to sell a car? Or, conversely, you prevented your spouse from making the sale. Tell us about it in the comments. Everyone will be interested. And if your story seems interesting to me, then I will supplement this article with an indication of your authorship.

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Be active and cheerful! Peace and harmony to you in your family, see you soon!