Transactions with property raise many questions among the population. Especially when it comes to buying or selling property in marriage. Such operations often cause a lot of trouble. Do I need a spouse’s consent when buying an apartment? We will try to deal with this issue below. What features of such transactions should everyone remember? What difficulties can this or that citizen face?
Normative base
Relations between spouses in marriage are regulated by the Family Code of the Russian Federation. Here you can find answers to many questions that arise.
In article 35 (paragraph 5) of the mentioned code of laws it is prescribed that during the purchase of an apartment the buyer does not need to provide a certificate of consent of the spouse to the operation.
Some believe that this is why you can safely purchase housing and not worry about the consent of your soulmate. Is it correct? Not really. Russian law provides for a variety of scenarios. And further it will be told about them in more detail.
Law and Real Estate
Do I need a spouse’s consent when buying an apartment? Everything is not as simple as it seems.
As we have already found out, in transactions with property, a person is not obliged to provide extracts with the consent of his other half. But there are exceptions.
For example, when it comes to real estate. According to paragraph 3 of Article 35 of the RF IC, transactions with "real estate" provide for the provision of a notarized consent to the operation from the spouse of the buyer.
Accordingly, it is precisely this rule that will have to be adhered to. And there are reasons for that. Are there any exceptions? Yes, but not many. Later we will meet them.
About the property of the spouses
The acquisition and sale of married property in the Russian Federation raises many questions. The thing is that according to the law, property acquired during the official stay in the status of husband and wife will be considered joint. Spouses have equal rights to such objects. And even in spite of who is the owner of the apartment under the contract.
It follows that real estate transactions require the seller and buyer to submit notarial documents with consent to the procedure. In the end, we will talk about how to draw up an appropriate document. This is not so difficult.
If someone disagrees
Spouse's consent to the purchase of an apartment is necessary or not? Most often, you must have the appropriate document. Its presence will be able to protect the parties to the transaction from unforeseen circumstances.
The thing is that the lack of notarial consent of the husband / wife to buy / sell joint property can lead to judicial debate. The party dissatisfied with the acts of the second half goes to court, after which the operation is invalidated.
What does this lead to? The transaction is canceled, the ownership of the purchased property will be transferred to the seller, and the buyer will have to return all the funds given to them. It is not always easy. In particular, if, after the sale of the property, the seller buys a new property.
You can avoid such problems if you enlist the support of your spouse to perform legally significant operations.
Transaction without consent - is it legal?
Are you planning to buy a property? Does my husband need consent to translate ideas into reality?
As already mentioned, having an appropriate document is extremely important. He serves as a guarantor of the safety of acts. But what if the transaction was conducted without consent? How legal is this?
First, under certain circumstances, a husband / wife may buy and sell property without the approval of their other half. We will talk about these exceptions later.
Secondly, the transaction is valid and legal until the dissatisfied spouse goes to court. Why? It's all about the Family Code of the Russian Federation. It stipulates that the disposal of common property is carried out by agreement of the parties, on equal rights by mutual agreement. The absence of a notarized consent to the operation simply indicates that the spouses verbally agreed on the relevant transaction.
From the foregoing, the conclusion follows - the lack of consent of the spouse, if he did not go to court, is not an obstacle to the purchase or sale of property. In any case, there will be no problems with the acquisition of housing. Selling joint property is a more difficult operation. And how often without a written permission of her spouse they simply do not register her.
We act by proxy
Do I need a spouse's consent to purchase an apartment? Ideally, yes, but in fact, such a certificate is provided to the seller and to the registration authorities not too often.
Under the current laws of the Russian Federation, there are many cases in which it is not necessary to ask a husband or wife for permission to purchase a house. One of these situations is when the buyer has a power of attorney for transactions with property.
Such paper is usually issued by a notary public. She helps to represent the interests of the spouse without his personal presence. In fact, consent is given, but not in the form in which citizens are used to seeing him.
Inheritance and marriage
Spouse's consent to the sale / purchase of real estate in Russia is not always required. It is worth paying attention to the fact that housing can be purchased in different ways. The legislative nuances of transactions will depend on this.
In the case of buying an apartment, it is better to enlist the support of a wife or husband. If the property is registered as an inheritance, then there is no need to ask permission from the other half. The heir himself agrees to the adoption of the property by inheritance, and then draws up the relevant rights by law.
Moreover, housing received as an inheritance is not recognized as common. That is, for its sale, the owner does not need the consent of the spouse. It is very comfortable!
Gifts, real estate, marriage
We found out whether the consent of the spouse is necessary when buying an apartment in general cases. But what about private situations? They are to be considered in more detail.
Recently, in Russia, citizens receive housing as a gift. Do I need to ask permission from my husband or wife to accept such a gift? Not. Such cases do not provide for the execution of the notarial consent of the spouse during and after the donation of any objects.
Important: gifts - the personal property of the donee. In marriage, it is not recognized as jointly acquired.
Marriage contract: option one
The spouse's notarial consent to purchase an apartment, as we have already said, is not always required. And in the case of the sale of property, too.
Increasingly, spouses enter into marriage agreements with each other. They help to regulate property relations during a life together.
In the marriage contract, you can specify the order of disposal of a property. For example, one of the spouses can be deprived of ownership of the acquired objects. Accordingly, under such circumstances, permission for transactions is not required.
And the second option
The acquisition and sale of property in marriage is a difficult operation, if you do not understand all of their features. The second option for using a prenuptial agreement is to indicate transactions in which the consent of the wife or husband is not required.
In such circumstances, citizens indicate that the purchase or sale of property can be carried out on behalf of the spouse without additional information. A priori, the husband / wife will agree to the appropriate operations.
In the process of divorce
Divorce statistics in Russia indicate that more and more citizens are breaking up officially. And at such moments, property issues are exacerbated, especially in the absence of a marriage agreement.
Do you need the consent of the former spouse when buying an apartment, if the property has not yet been divided? Yes. This is due to the fact that the money used in the transaction is considered common. So, the husband or wife have the same rights to them as a potential home buyer.
If the marriage is dissolved, and the property is divided, a person can perform any legally significant operations independently. Permission from the former soulmate is not required under any circumstances.
Gift money
Want to make a property purchase? Does the spouse's consent to such manipulations? Yes, but not always.
According to the RF IC, citizens must agree on the disposal of common property. Husband and wife use their personal items and means on their own. Accordingly, no support is required.
In order not to have to think about the consent of the spouse when buying a home, you can draw up a contract of donation of one or another amount of funds to a potential buyer. For example, on behalf of relatives.
In such circumstances, a deed of donation will secure the amount of money transferred to a particular spouse. It will be his personal money. And he can dispose of them as he wants.
Inherited Money
But what if a person receives money by inheritance? This is not the most common option, but it takes place in real life.
The money transferred to the citizen by inheritance is his personal. Accordingly, the heir has the right to dispose of them as he wants. And buying an apartment is no exception.
Important: in the case of the inheritance, and when making gifts of money, one will have to prove the fact of using exclusively personal funds when acquiring property.
Consent
And how to get a spouse's notarized consent to purchase an apartment? To cope with such an operation is not so difficult.
Spouses will need:
- Prepare a specific set of documents. Usually this is a passport, marriage certificate.
- Go to a notary public and pay for his services.
- In the presence of an authorized person, obtain consent to conclude a transaction. In the document, you can indicate permission to purchase a particular object or simply write something like "I authorize my spouse to carry out transactions for the purchase of real estate." Under such circumstances, the document will allow you to buy any object.
- Sign the relevant documentation.
That's all. Now you can either make a deal to buy an apartment, or look for real estate. If you prepare in advance and coordinate such serious manipulations, a person will get rid of many problems in the future.
Important: consent can be issued without the presence of the second spouse (buyer). The main thing is that when creating the paper there is a principal.
Conclusion
In what cases is the consent of the spouse to purchase an apartment? Now the answer to this question will not force you to think long.
Ideally, married citizens should always bring permission from their other half to carry out certain legally relevant operations if they share common property. If we are talking about manipulating personal property, there is no need to think about approval.
Does husband need consent to purchase an apartment? Yes, but not always. If we are talking about joint property, it is advisable to enlist the support of the spouse for the operation.