Do you need your spouse’s consent to purchase a plot of land – all the nuances

The purchase of land must be approached responsibly. Such an acquisition requires significant costs. If the future owners of the land are married, then they naturally consult, choosing the best option and convenient location.

Areas for development are especially carefully selected if there are children in the house. The access should be convenient, a public transport stop should be located nearby, and the infrastructure should be sufficiently developed. Do I need written consent from my spouse to purchase a personal plot?

Do I need permission from my husband (wife) to purchase land?

Just 6 years ago, for any real estate transaction, purchase or sale, the consent of the spouse was required. After changes to the laws (Federal Law No. 302 of December 30, 2012) regulating this area of ​​civil law, written confirmation of the transaction from the wife (husband) is no longer required.

Property acquired during marriage is considered joint property, regardless of whose name it is registered in or which member of the couple paid for the purchase. The only case when property acquired during marriage can belong only to the wife or husband is if, before the official registration of the relationship, a marriage contract was signed, providing for other forms of division of jointly acquired property. When a married couple has such a document, permission to purchase a plot of land or a home is not required from the second spouse.

No changes in this area of ​​law are expected in 2021. An agreement for the purchase of real estate does not need to be registered, and accordingly, approval of the purchase is not required from the second member of the couple.

Partner consent is not always required

Registration of acquired property

If the parties do not need consent from the buyer’s legal spouse to sign the contract, then such a document may be needed to carry out registration actions.

The Family Code contains several contradictory articles. Paragraph two of Art. 35 of the RF IC, which regulates major transactions of one of the spouses, allows purchases to be made without confirmation from the husband (wife). And paragraph 3 of this article indicates the need for a written document authorizing a legally significant action with a land plot or house.

Important. To register a purchased property, you will need written consent from the second member of the couple. Papers certified by a notary office are valid.

When there is no written confirmation from the second spouse, two scenarios are possible:

1. Documents are accepted for work, but with the condition that the registration procedure may be suspended.
2. The official of the registration authority approves the transaction, but with the condition that the necessary document is provided within the time period specified by the resolution.

Consent must be notarized

When is it better to obtain permission to purchase land?

Lawyers advise obtaining a notarized permission from the wife (husband) when a plot of land is purchased with funds received into the family budget from the sale of large personal property of one of the spouses. The fact is that land purchased with these funds will automatically be considered community property and will be divided in half during a divorce. Only through the court, if there are papers proving the origin of the capital spent, will it be possible to prove that the acquired plot should be considered personal property.

The second situation, when a document certified by a notary office will not hurt, is the purchase of a home with a plot of land using maternity capital. This case provides for the mandatory allocation of shares for each family member. The acquired property must be registered in the Unified Cadastre. It is beneficial when the power of attorney issued to one of the spouses lists several types of legal actions:

1. collection and transmission of documents;
2. purchase of housing with land allotment;
3. registration with Rosreestr;
4. removal of the encumbrance after transferring money from the maternal certificate to the seller.

You need to understand that when using maternity capital there are also some nuances.
It is important. A power of attorney will be required when the husband makes a transaction, paying for the purchase with a certificate issued to the mother of the children.

A power of attorney certified by a notary will be required when family money is spent on purchasing real estate at auction.

Procedure

Visit to the office or call a specialist?

A citizen can obtain consent in two ways:

• Appear in person to the notary . Unlike inheritance issues, there is no division of powers here, and therefore you can choose any notary office.
• Call a notary to your home . Almost all notaries provide this service. However, in this case, paperwork will be much more expensive.

Above you can agree to purchase an apartment from your spouse.

Do I need a spouse's consent certified by a lawyer to sell a plot of land?

In the process of registering an agreement to sell a plot of land in Rosreestr, a government official will not allow documents to be processed if there is no approval of the spouse certified at a notary office. The exception is a rare case when the act of sale took place between spouses and all rights to the sold plot passed to the wife (husband).

Important. When there is evidence that the funds of the second member of the couple were invested in a land plot acquired before the wedding by one of the spouses, which significantly increased the value of the plot, the sale of such real estate will require the approval of the wife (husband).

A transaction carried out without written consent may be declared invalid by the court, upon the application of the party whose interests were violated. The plaintiff has the right to file a claim within one year after he received information about the sale of the common plot. Whether the spouse’s permission is needed to purchase a plot of land, or whether to spend money on its registration or not, the buyer of the plot must decide for himself.

If you conclude a transaction without the consent of your spouse, then to cancel it you only need a court decision

When is it required?

Most residential properties are purchased with a mortgage loan. In this case, the bank draws up an agreement with one of the spouses, who will be the borrower. If the second one officially works and has an income, then he becomes a co-borrower.

If there is no income, the bank will not be able to accept him as a co-borrower on the mortgage and cannot be sure that the family will be able to repay the debt if the borrower loses earnings. Typically, a mortgage is guaranteed by collateral - an apartment purchased with a loan.

In this case, the bank must obtain notarized consent from the second spouse that he does not object to the transfer of the acquired property as collateral. Consent is only needed for the credit institution and is not required for the registration authority. This norm is established in paragraph 1 of Art. 7 of the Federal Law “On Mortgage”.

When you don't need your spouse's consent

Approval for the purchase of a land plot is not required when the plot is purchased without an auction. Since the purchase and sale agreement is no longer required to be registered, no one needs the consent of the second member of the couple. Difficulties will begin at the stage of making changes to cadastral records.

So that later, in the event of a divorce, you do not have to prove the origin of the funds spent, you should issue a power of attorney. Such a document is valid when it is drawn up and certified by a notary. Everyone must decide for themselves how much they trust their other half.

Law on joint purchase of real estate

By law, funds acquired by both spouses during marriage are joint. To manage finances, notarization is not required. In the event of a divorce, the purchased plot or house is divided in half physically or in monetary terms.

Until 2013, real estate transactions required a mandatory permit from the other half, certified by a notary. This procedure prevents unfair fraud of property by one of the family members. Mandatory registration of sales and purchase agreements has now been cancelled:

• a private house or part thereof;
• apartments or rooms;
• land plot;
• garage and other facilities.

For a transaction to be considered valid, the content of the agreement must comply with the regulations of the state. It must contain all the necessary signatures of the parties. And registration is needed to formalize ownership rights to an object or for notarization. In this case, mandatory confirmation of the operation by both family members is not required. This issue is not regulated in the Family Code of the Russian Federation.

How to issue a power of attorney

Permission to purchase and register a plot of land is drawn up on a standard form. The power of attorney lists:

1. place and date of signing the consent;
2. passport details of the principal and the authorized representative;
3. number and place of issue of the marriage certificate.

What follows is the text of the agreement, which expresses the will of the spouse. Additionally, the power of attorney may include clauses that allow the person representing the interests of the couple to perform certain actions:

1. represent the principal in state registration authorities;
2. obtain certificates and duplicates of all necessary documents from banks and credit institutions;
3. pay money for purchased property;
4. sign the acceptance and transfer certificate;
5. sign a purchase and sale agreement.

Purchase and sale agreement
The list of actions may differ in each individual case. When a purchase is made with a mortgage or with money from state maternity capital, the list must include an item on the possibility of removing the encumbrance.

The document is signed by the principal in the presence of a notary, then the lawyer confirms the power of attorney with his signature and seal. The cost of notary office services ranges from 1,500 to 2,000 thousand rubles. The power of attorney is valid for three years (unless another period is agreed upon). After the transaction has been completed, the document must be kept in case you need to use it as evidence.

Document preparation

In cases where it is impossible to do without the consent of the spouse, a number of conditions must be observed. These include the following:

Varieties

The legislation established only the following requirements for this document:

• written form;
• notarized registration.

The law does not provide for any other restrictions. Even in situations where the participation of a notary is not required, the parties have the right to contact him - but this does not become their responsibility.

Content

There are no legislative requirements regarding the content of the document. Consequently, it can be drawn up in any form, provided that the following information is included in the consent:

1. Full name of the person giving consent.
2. An object to which consent has been given. Here you need to provide as much information as possible. At a minimum, you will need a full postal address - but it is much better if the document contains a cadastral number, which, according to the Federal Law “On State Registration of Real Estate,” is the main indicator of the uniqueness of the property.
3. Marital status of the person giving consent. At a minimum, a copy of your marriage certificate will be required.
4. A clearly expressed will to consent to a transaction with a plot of land that is in common ownership.

Whose signatures should appear at the end?

When the document is ready, it is signed by two persons:

• the applicant who has issued consent to sell the site;
• the notary who executed the document.

The law does not require any other signatures. Witnesses are not needed when registering consent with a notary.

IMPORTANT: The basic legislation on notaries indicates that where there is no notary, consent can be prepared from the head of local government.

However, in practice, such a document is too complicated - and therefore, if there is an opportunity to prepare it at the notary, it should be used.

Timing and cost

As for the timing, you can prepare the consent in one day . All you have to do is contact a notary. The cost will depend on two factors:

1. pricing policy of a particular notary;
2. policies of the Federal Tax Service of the Russian Federation.

The fact is that notary services are paid taking into account:

• tariff established by law;
• fees for technical and legal services.

The fact is that the notary himself sets the amount of payment for services for drawing up a document and consulting citizens who have applied , guided only by the maximum amount that the Federal Tax Service sets by region for the year in accordance with the rules of the Fundamentals of Russian Legislation on Notaries.

The Federal Tax Service stops dumping and other types of “price war” between notaries, but sets limits on payment for additional services for each year. Therefore, to find out the current price, you need to contact the notary offices of your city.

Briefly about the main thing

There are a number of cases when the consent of a spouse is necessary to purchase a plot of land and vice versa - when the issue can be resolved independently. Basically, it all depends on the presence or absence of a marriage contract.

If the consent of the spouse is necessary, the registrar may accept the documents for processing, but suspend the process itself until a notarized consent is presented.

If the plot was sold without the consent of the spouse, then the fact of sale can be challenged in court - until the statute of limitations expires.

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What happens after divorce?

Despite the fact that from the moment of official divorce, family relations between the former spouses cease, this does not mean that people become completely independent from each other.

To stop being dependent, former spouses will have to go through the procedure of dividing property. Until this moment, property acquired during the years of marriage (in the absence of a marriage contract) remains common.

The same applies to financial savings in the account of any of the former spouses.

As soon as the judicial or voluntary division is completed and properly certified, each spouse will be able to dispose of their share at their own discretion, as well as buy an apartment without the consent of the ex-husband or wife.

If the divorce took place, but the division of property did not happen, then any of the former spouses will have to obtain the notarized consent of the former spouse before purchasing an apartment.

When is consent difficult to obtain?

Most often, to complete a particular transaction, the verbal consent of the spouse is sufficient. However, in real estate transactions, every significant moment must be documented.

Just as the transfer of money from the buyer to the seller cannot be certified orally, but only with a properly executed receipt, the consent must be written down on paper and certified by a notary office.

Sometimes spouses refuse to give consent. Reasons may be:

• Lack of complete information about the rules for making transactions of this type.
• Incorrect document execution due to lack of knowledge and experience.
• Fundamental refusal of the spouse from the transaction.
• Deliberately concealing information about a transaction from a spouse.

A citizen who hides information about a purchase from his spouse can also secretly sell it in the future. If the parties to the transaction are not aware of the citizen’s marital status, they may not have such questions for him.

Such transactions are carried out very simply. It is enough to “lose” your passport and get a new one. In the new one, the marriage stamp may not be intentionally placed.

If only the seller himself doubts and sends a corresponding request, only then the true state of affairs will become obvious.