Consent of the spouse to purchase a house and land. How to register correctly? on the Nedvio website

A car gift agreement is a transaction in which one party gives a vehicle as a gift to the other party.

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The essence of such an agreement is that the deed of gift involves the transfer of ownership of the car in favor of the Donee. Thus, the party who accepted the vehicle as a gift has every right to dispose of the vehicle as she wishes.

Based on practice, such transactions are often made between close relatives. This is due to many factors, for example, the need to transfer ownership in favor of a relative in order to preserve the property in full in the event of divorce proceedings from the owner. Or it may be a donation for the purpose of carrying out financial transactions by the Donee independently.

It should be noted that this agreement is not subject to taxes if it is concluded between close relatives. If a transaction is concluded between persons who do not have family ties, the donee undertakes to pay a tax in the amount of 13% of the cost of the vehicle. To conclude such a transaction, it is necessary to draw up a car donation agreement in writing. It is important that the Donor is the owner of the car. Below we will look step by step at how to draw up such a document and what aspects should be paid attention to.

Car donation agreement

Kurgan
February 15, 2023

We are: Murashov Timofey Timofeevich, born 01/01/2000, living at the address Kurgan region, Kurgan city, Kosmonavtov street, building 333, apartment 444, passport XXXX XXXXXX, issued by the Federal Migration Service of Russia for the Kurgan region in the city of Kurgan on 01/01/2020, hereinafter referred to as Donor I Murashov Denis Denisovich, born 01/01/1999 living at the address Kurgan region, Kurgan city, 55 microdistrict, building 222, apartment 666, passport XXXX XXXXXXX, issued by the Federal Migration Service of Russia for the Kurgan region in the city of Kurgan 01/01/2019, hereinafter referred to as the Donee have entered into this agreement as follows:

The preamble to the agreement includes:

• type of transaction;
• place and date of conclusion of the agreement;
• names and roles of parties to the agreement;
• residential addresses and passport details of the parties.

An essential condition of such an agreement is its subject matter. In this case, the subject is the car itself. It is important to indicate its comprehensive characteristics:

• brand;
• year of issue;
• VIN;
• engine number, body number;
• color;
• registration number;
• vehicle passport;
• registration certificate.

Thus, the contract clause containing information about the subject looks like this:

The Donor, free of charge, transfers in favor of the Donee the right of ownership of a daewoo nexia passenger car, manufactured in 2005, VIN ХХХХХ-ХХХХХХ, engine number 00000000, body number 0000000, color white, registration number X ХХХ ХХ ХХ, vehicle passport ХХХХХХ, issued (issued by) XX XX XXXX (date of issue). The owner of the vehicle until the agreement is concluded is the Donor. The car does not belong to third parties by right of ownership and is not under arrest. The vehicle specified in the paragraphs of this agreement is transferred in favor of the Donee at the address: Kurgan Region, Kurgan city, Lenin Street, building 333.

Procedure for obtaining written consent

If we consider the technical side of the procedure, there is nothing complicated here. The document is drawn up in writing and certified by any notary office. This guarantees that the spouse who gave his consent is fully aware of the essence of the transaction and is aware of the possible consequences. Let's briefly go through the main points.

What documents will be required

Participants' passports and a certificate confirming marriage registration are required.

Sample marriage certificate

If the spouses have entered into a marriage contract, it is also included in the list of required documents. This is necessary so that the notary can see that consent to the transaction does not contradict the terms of the contract.

Sample power of attorney

The law does not provide for a unified form of consent to purchase an apartment. However, the document must contain the following information:

1. Name.
2. Passport details of the parties.
3. Marriage certificate details.
4. Information about the presence or absence of a marriage contract.
5. The essence of the agreement.
6. Information about the property.
7. Signatures of the spouses.

   
   Sample consent to purchase real estate

The need for notarization of consent

To confirm the consent of the second spouse to complete the transaction, the participation of a notary is a prerequisite. The fact is that agreements on such transactions without notarization or orally have no legal force. Consequently, in the future the fact of purchasing an apartment can be challenged in court. In addition, if real estate is purchased with borrowed funds, the bank will necessarily require a notarized document of consent to complete the transaction. This is due to the fact that mortgage lending automatically extends financial obligations to both spouses.

Attention! Certification occurs only in the personal presence of both parties. There are no exceptions to this rule.

It is important to understand that this agreement is valid only for one transaction, in our case, the purchase of real estate.

Price

Notary offices provide services on a paid basis.
Registration of consent to purchase an apartment does not have a fixed price, so the cost may vary depending on the region of residence and the tariff schedule on which the notary works. In any case, the service includes:

1. Legal advice on the issue under consideration.
2. Documenting.
3. Assurance.

On average across the country, the cost of the service varies between 2,000-3,000 rubles. Here it is necessary to clarify that the spouse can draw up the consent on their own and bring it to the notary in finished form. In this case, the lawyer will simply certify the document in the presence of the parties. Considering that there is no need for documentation from the office, the price of this option will be lower.

How long is the agreement valid?

This is another question to which there is no clear answer.
On the one hand, such documents cannot be of unlimited duration in order to protect the interests of the spouses after the transaction is completed. On the other hand, the law does not regulate the duration of the agreement. If the spouses have a preliminary contract for the purchase and sale of housing, they must complete the transaction within 12 months. If there are no agreements with the real estate seller, the spouses can choose the duration of the agreement themselves. However, many lawyers are of the opinion that consent should be valid for no more than a year, and it is this period that is indicated in the document when certified.

Read also:​Is it possible to withdraw an application from the registry office?

Rights and obligations

A section on rights and obligations, as a rule, is drawn up in all such documents. Based on the principle of freedom of contract, which is currently enshrined in the Russian Federation, Counterparties can specify various obligations by mutual agreement. We will try to highlight the main provisions. It looks like this:

The Donor has the right to: Cancel the execution of the gift agreement if the Donee has committed illegal actions against the Donor, his family or close relatives. Demand termination of fulfillment of obligations under the contract in cases provided for by the current legislation of the Russian Federation. The Donor undertakes to: Transfer ownership of the vehicle to the Donee in accordance with this agreement. At the time of transfer of ownership of the Donee's car, additionally provide all documentation related to it. The recipient has the right to: Refuse to accept the specified car as a gift. The recipient undertakes to: Return the vehicle in the event of termination of this agreement.

In order to determine whether the Donee must make a tax payment, the clauses of the agreement must indicate whether the parties to this agreement are related to each other. If a family relationship is present, then in the paragraphs of the document it is displayed as follows:

The donor and the recipient are close relatives to each other, namely, they are siblings (other family ties may be indicated).

Approval for land purchase

There are many contradictions in the legislation, so the requirement of the registration authorities to provide the consent of both spouses for the purchase and sale of a house or land is legal.

When submitting papers, you should clarify whether this document is needed. The registrar is obliged to accept the papers for consideration, but has the right to suspend the process until permission is granted.

Important! The registration authority may request notarized approval of the transaction from the parties. At the same time, he issues a resolution indicating the deadline for submitting the document. Otherwise, registration may be denied.

According to the order of the Ministry of Economic Development dated January 12, 2015, approving the list of regulatory documents confirming the right to purchase and sell real estate, such approval is mandatory when conducting a transaction. This document is included in the above list. It is prepared only by married couples who are registered in marriage.

At the same time, the Supreme Court in 2015 decided to recognize this clause as illegitimate and contrary to the provisions of the Civil Code.

Cases when the consent of the spouses is necessary

According to the provisions of the Family Code, written approval is required for real estate transactions for which the procedure is provided for by law. Such transactions include donation, exchange and sale of a house or land acquired during marriage. Mandatory permission required:

• when conducting operations with real estate;
• land is purchased with funds from a third party, including on credit;
• for a mortgage if the second spouse is a co-borrower;
• if registration of a transaction or notarization is required.

Important! Personal property is considered to be real estate received during marriage as a gift or as a result of privatization. It does not require the consent of the spouse. An exception is privatization executed under a free use agreement.

Personal property does not include real estate acquired by one of the spouses in a joint marriage under a gratuitous agreement. If, through the work of both family members or through the investment of common capital, for example, during the period of major repairs, living conditions have significantly improved, the housing has increased in value, such real estate is equated to jointly acquired property.

If a house or land was purchased with the money of only one of the spouses, such a purchase is also considered joint. For example, before marriage, one of them had a plot of land, which they decided to expand. With the permission of the second half, the territory is sold, and with this money land of a larger area is purchased. It is possible to establish the fact of personal property in this situation only through the court, if there are appropriate supporting papers.

Cases when consent is not required

Transactions executed without an auction are not notarized. In this case, the purchase of a house or plot of any size will not require the approval of the spouse. If a dispute arises regarding the division of jointly acquired property, it is necessary to document the fact of investing personal funds in this property. After this, the object will be recognized as personal property that cannot be divided.

Permission is also not needed in the following situations:

• the purchase of a house is carried out in the form of a share;
• the plot was received as a gift or by inheritance;
• if there is a power of attorney to represent interests relating to the acquired property.

To avoid disputes when disposing of real estate, it is recommended to draw up a marriage contract or stipulate in writing the availability of personal property, as well as the possibility of using joint property. If there is such an agreement certified by a notary, the permission of the second spouse will not be required. Approval is not necessary if there is no likelihood of the transaction being challenged by the other half.

Is it possible to buy an apartment without consent?

Theoretically yes.
Starting from 2021, Rosreestr should not require written confirmation of a purchase and sale transaction from the second spouse. The transfer of ownership is registered, but a note is made that the consent was not included in the general package of documents. However, this rule will only work if the property is purchased with the personal savings of the spouses. If a bank is involved, the spouses automatically become co-borrowers on the mortgage loan, and the manager will definitely require that the wife/husband’s consent to the transaction be included in the overall package of documents. The essence of this requirement comes down to the fact that the bank wants to receive guarantees of the purity of the transaction and the return of borrowed funds.

In situations where an apartment is purchased without written consent, do not forget about the possible legal consequences. We mentioned above that the result of such transactions may be contestation. This can be done subject to two mandatory conditions:

1. The claim can only be filed by the interested party. In our case, this is a spouse who believes that his civil rights have been violated.
2. The decision to cancel the transaction is made by the court. In this case, the parties are required to provide compelling evidence of their case.

If the purchase or sale is disputed, the situation rolls back to the “before the transaction” period. This means that the spouses must vacate the disputed apartment, and the buyer is obliged to return the money to them. However, the ideal development of events does not always occur. In particular, the seller may not have the required amount, he may leave the country or die. Therefore, it turns out that the spouses occupy the living space illegally, and the process of collecting funds stretches out for many years.

To avoid such problems, it is better to formalize the consent and have it certified by a notary, even if at the time of purchasing the apartment, there is no need to obtain this document.