The spouse's consent to the acquisition of real estate in Russia causes a lot of controversy and questions. What can be said about this? What are the nuances of the law to pay attention to first of all? Do you need the approval of the husband / wife to complete transactions with the "real estate"? And if so, when exactly? How is consent obtained? Look for answers below! In fact, everything is not as simple as it seems. If you do not take into account the features of the Family Code, you may encounter illegality and cancellation of the sale.
Legal regulation
Does spouse's consent to purchase real estate always be required? Or can citizens do without this paper?
To correctly answer such questions, it is worth paying attention to the legislation of the Russian Federation. Property relations in marriage are regulated by the Family Code. It spells out all the nuances of the division, disposal and use of property.
Articles 34-35 of the IC of the Russian Federation indicate that a husband and wife may have personal and common property. Depending on this, the answer to the question asked will change.
Under the law, spouses dispose of common property on an equal footing. Therefore, it should be assumed that consent to real estate transactions will be required. But is it really so?
What the law says
As already mentioned, everything is not as simple as it seems at first glance. The thing is that when concluding contracts for real estate, mandatory notarization of the agreement with the subsequent state registration of paper is required. Without this, obtaining the rights to the object will not work.
The legislation of the Russian Federation does not require citizens to show their spouse’s consent to purchase an apartment. But for the sale of real estate, approval is often necessary.
At the same time, the IC of the Russian Federation says that spouses use, own and dispose of the common property on an equal footing, regardless of who the property is registered to. So, you will have to enlist the support of your spouse.
Important: if both spouses agree to a “purchase” agreement, there will be no problems. You can not prepare an endorsement paper for a transaction from a husband or wife.
What is fraught with failure
Based on the foregoing, it follows that, with the mutual consent of the spouses, there should not be any problems. In real life, things are different.
What to do if there is a possibility that the husband / wife does not agree with the transaction? In this case, it is better to issue a notarial authorization. This technique will help secure the operation.
If such a process is neglected, one may encounter invalidation of the transaction. A spouse who does not agree with the acquisition of housing or other facilities has the right to appeal to the court. The judicial authority will side with the plaintiff if the common property of the husband and wife was used without mutual consent.
Under such circumstances, you will have to return the property to the former owner. Buyers will be required to return the amount paid for the operation.
Help package for real estate purchase
Now consider the package of documents when buying an apartment. He will help you navigate in preparation for the operation.
To sell property, you need to prepare:
- passport;
- USRN statement:
- consent of the spouse to a transaction with common property;
- purchase agreement;
- Marriage certificate.
To purchase a "real estate" requires much less paper. Usually this:
- identification;
- Marriage certificate;
- notarized consent of the husband / wife to the acquisition of property.
The last document, as already mentioned, is better prepared. Only it is not always required. There are a number of exceptions in which it does not require spouses to obtain mutual consent to purchase property. We will talk more about this later.
Why may require permission
The spouse's consent to the acquisition of real estate raises more questions than the implementation of common things acquired in marriage. Why?
The thing is that money will be used to conduct the transaction. Are they considered common? Or does the money belong to the person to whom it is paid?
If we talk about salary, then the money will be considered jointly acquired property. And they should be disposed of only by mutual agreement of the parties. That is why the purchase of an apartment or registration of a mortgage requires the permission of the wife or husband.
Common property
The RF IC indicated that it is far from always required to apply for permission to sell family things. Sometimes you can avoid such an operation.
It is worth remembering that permission is required only when using the joint property of the spouses. What it is?
So it is customary to call everything that is acquired by husband and wife in marriage, with rare exceptions. We will discuss them below.
What does it mean? If a person decides to buy an apartment, he will have to seek permission from the spouse for the transaction. Otherwise, the operation will be carried out, but there will be a risk of its cancellation.
Personal property and disposal
Spouse's consent to the purchase of real estate is not required if, at the time of signing the contract, only the personal funds and income of the buyer will be involved. This is a rather rare situation.
As already mentioned, the money earned by each of the spouses is recognized as common. It is problematic to get personal funds after marriage registration.
Nevertheless, a citizen may use personal property at his discretion. And the spouse should not appear in the relevant operations.
When permission is not required
When is a spouse's consent to a property purchase necessary? To answer this question is now easy. Based on all the foregoing, it follows that in a marriage it is better to “ask permission” for all transactions. An exception is the implementation of personal items and objects.
Spouse permission is not necessary if:
- the money used in the transaction was received by the buyer as an inheritance;
- money transferred by a potential "client" received by him as a gift;
- spouses have a prenuptial agreement in which operations are specified that do not require joint consent;
- the person has a power of attorney on behalf of the husband / wife for transactions on his own behalf;
- an agreement on shared participation in construction is drawn up;
- during the operation, only the funds received by the spouse-buyer before marriage are used.
Unfortunately, the fact of using only your money is problematic to prove. And if a citizen decided to buy an apartment with funds earned or deferred during the marriage, you will have to get your spouse’s consent to purchase real estate.
When approval is required
To bring even more clarity to the operation under study, we consider cases in which permission from the husband or wife to acquire property is mandatory.
These situations include:
- purchase of immovable property not at personal expense;
- acquisition of property in the name of the second spouse;
- purchase of property with funds received after the sale of gifts or inheritance (such money is recognized as common).
As practice shows, if you discuss in advance with your husband or wife the purchase of property, there should be no problems. Otherwise, it is recommended to postpone the transaction until better times.
Design Instructions
How to get a spouse's consent to purchase real estate? It is not as difficult as it seems. The main thing is to adhere to a certain algorithm of actions.
The guidelines for drawing up the notarized consent of a husband or wife to acquire a “real estate” have the following interpretation:
- Select permission type. It can be given both for the purchase of a specific object, and for a transaction for the purchase of property as a whole.
- Make an agreement. You can do this yourself or contact a lawyer for help.
- To appear in a notary's office, having prepared some documents in advance. There are very few of them, especially if the spouse permits the purchase of any property.
- Pay for the services of an authorized person.
- To sign an agreement.
- Take the finished "approval" with the signature of a notary.
That's all. Now the document can be used. Notarization of spouse's consent to the acquisition of real estate is a mandatory procedure. Otherwise, the document will not have legal force.
How to make up
A few words about how to correctly agree to conclude transactions with property in the name of the spouse. Such a task does not require any special knowledge and skills.
There is no exact form of consent. Therefore, citizens can simply write something like:
"I, F.I.O., authorize my spouse, F.I.O., to complete real estate transactions."
After that, you can specify the data of a particular object. Otherwise, a person will be able to buy any "real estate".
A sample consent of the spouse for the acquisition of real estate can be seen below. This is one of the options for the preparation and design of the paper.
Help for a notary
What documents are useful for the implementation of the task? When obtaining permission to purchase property, it is required to prepare:
- marriage contract (if any);
- documents for the acquired property (optional);
- passports of spouses;
- Marriage certificate;
- written consent to the transaction.
In fact, it is not as difficult as it seems. Direct execution of a spouse’s consent to acquire real estate will cost about 1000 rubles and will not take much time and effort.
Validity
A lot of questions are caused by the validity period of the corresponding paper. When does "approval" lose its validity?
There is no exact answer to this question. Therefore, it is desirable to indicate in the agreement the validity period of the paper being drawn up. Otherwise, the document will be valid for 3 years. This is the time of the “work” of powers of attorney under Russian law. There are no exceptions.
Conclusion
We found out when and how to apply for a spouse’s permission to complete property purchase transactions. In our case, we are talking about real estate.
What if the husband and wife divorced? Section of property implemented? Then cash and real estate are recognized as personal. Permissions do not need to be asked.
If the spouses are in a divorce stage or divorced, but the property is not divided, you will have to issue a consent to purchase a "real estate". This is extremely difficult.
Important: citizens can dispose of personal things and objects the way they want. When selling personal property, the proceeds from the operation are recognized as common.
From now on, it is clear how to secure the purchase of housing or other real estate in marriage. Lack of spouse's consent to the transaction is always a risk. And some real estate agencies refuse to enter into contracts under similar circumstances. If the joint property of the spouses is not involved, there should be no problems. The disagreement of the husband or wife on the operation will not affect the transaction.