Spouse's consent to purchase real estate: drafting rules and validity period

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

The consent of the spouse to purchase real estate in Russia causes a lot of controversy and questions. What can be said about this? What nuances of the legislation should be paid attention to in the first place? Do I need the approval of a husband / wife to make transactions with "real estate"? And if so, when exactly? How is consent obtained? Find 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

Is spouse's consent always required to buy property? Or can citizens do without this paper?

To correctly answer such questions, you should pay 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 RF IC state that a husband and wife can have personal and common property. Depending on thisthe answer to the question asked will change.

Under the law, spouses dispose of common property on equal terms. Therefore, it is worth assuming that consent to real estate transactions will be required. But is it really?

What the law says

As already mentioned, everything is not as simple as it seems at first glance. The thing is that when concluding real estate contracts, mandatory notarization of the agreement is required, followed by state registration of the paper. Without this, it will not be possible to issue rights to the object.

The legislation of the Russian Federation does not require citizens to present their spouse's consent to purchase an apartment. But the sale of real estate often requires approval.

At the same time, the RF IC states that spouses use, own and dispose of common property on an equal footing, regardless of who the object is registered according to the documents. So, you will have to enlist the support of your spouse.

Important: if both spouses agree to conclude a "purchase" agreement, there will be no problems. You can not prepare an approval paper for a deal from a husband or wife.

What is fraught with refusal

Based on the foregoing, it follows that with the mutual consent of the spouses, there should be no 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 notarized permission. This technique will help to secure the ongoing operation.

If you neglect such a process, you may be faced with the recognition of the transaction as invalid. A spouse who disagrees with the acquisition of housing or other objects has the right to apply to the court. The judicial authority will take the side of the plaintiff if the common property of husband and wife was used without mutual consent.

Under such circumstances, you will have to return the property to the previous owner. Buyers will be required to pay back the amount paid for the transaction.

Package of references for buying real estate

Now consider the package of documents when buying an apartment. It will help you navigate in preparation for the operation.

To sell property, you need to prepare:

• passport;
• USRN statement:
• spouse's consent to a transaction with common property;
• purchase agreement;
• marriage certificate.

To purchase real estate, much less paperwork is required. This is usually:

• identity card;
• marriage certificate;
• notarial consent of husband/wife to purchase property.

The last document, as already mentioned, is better prepared. It's just not always required. There are a number of exceptions in which it is not required to seek the mutual consent of the spouses to purchase property. We will talk about this in more detail later.

Why permission may be required

The consent of the spouse to purchase real estate raises more questions than the sale of common things acquired in marriage. Why?

The point is that cash will be used to carry out the transaction. Are they considered common? Or does the money belong to whoever it was paid to?

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 you need the permission of your wife or husband to buy an apartment or take out a mortgage.

Common property

The RF IC states that it is far from always required to ask for permission to sell family things. Sometimes you can avoid this operation.

It is worth remembering that permission is required only when using the joint property of the spouses. What is it?

So it is customary to call everything that is acquired by a husband and wife in marriage, with rare exceptions. They will be discussed below.

What does this mean? If a person decides to buy an apartment, he will have to seek permission from his spouse for the deal. Otherwise, the operation will be carried out, but there will be a risk of its cancellation.

Personal property and disposal

Spousal consent to purchase real estate is not required if only personal funds and income of the buyer will be involved at the time of signing the contract. 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 receive personal funds after marriage registration.

However, a citizen can use his personal property at his own discretion. And the spouse should not appear in the relevant transactions in any way.

When permission is not required

When is spouse's consent required to purchase real estate? Answering this question is no longer difficult. Based on all the above, the conclusion follows that in marriage it is better to "ask permission" for all transactions. The exception is the implementation of personal things and objects.

Spousal permission is not needed if:

• money used in the transaction was inherited by the buyer;
• money transferred by a potential "client" received as a gift;
• the spouses have a prenuptial agreement that spells out transactions that do not require joint consent;
• a person has a power of attorney from a husband/wife to make transactions on his behalf;
• a contract of equity participation in construction is being drawn up;
• only funds received by the purchasing spouse prior to marriage are used during the transaction.

Unfortunately, it is problematic to prove the fact of using only one's own money. And if a citizen decides to buy an apartment with funds earned or set aside during the marriage, he will have to obtain the consent of his spouse to purchase real estate.

When approval is required

To further clarify the transaction under study, consider the cases in which permission from a husband or wife to acquire property is required.

To such situationsrefer to:

• buying property in a marriage not with personal funds;
• acquisition of property in the name of the second spouse;
• buying property with funds received after the sale of gifts or inheritance (such money is recognized as common).

As practice shows, if you discuss the purchase of property with your husband or wife in advance, there should be no problems. Otherwise, it is recommended to postpone the deal until better times.

Design instructions

How to get a spouse's consent to purchase real estate? It's not as difficult as it seems. The main thing is to adhere to a certain algorithm of actions.

Guidelines for issuing a notarized consent of a husband or wife for the acquisition of "real estate" has the following interpretation:

1. Select permission type. It can be given both for the purchase of a specific object, and for a transaction for the purchase of property in general.
2. Create an agreement. You can do it yourself or ask a lawyer for help.
3. Appear at the notary's office, having prepared some documents in advance. There are very few of them, especially if the spouse allows the purchase of any property.
4. Pay for the services of an authorized person.
5. Sign the agreement.
6. Pick up the finished "approval" signed by a notary.

That's it. Now the document can be used. Notarization of the consent of the spouse to purchase real estate is mandatoryprocedure. Otherwise, the document will not be legally binding.

How to spell correctly

A few words about how to correctly draw up consent to transactions with property in the name of a spouse. Such a task does not require any special knowledge and skills.

There is no exact form of consent. So citizens can simply write something like:

"I, F. I. O., authorize my spouse, F. I. O., to purchase real estate."

After that, you can specify the data of a specific object. Otherwise, a person will be able to buy any "real estate".

A sample of the consent of the spouse to purchase real estate can be seen below. This is one of the options for compiling and designing the corresponding paper.

Reference for a notary

What documents will be useful for the implementation of the task? When applying for a permit to purchase property, you need to prepare:

• marriage contract (if any);
• documents for the acquired property (optional);
• passports of spouses;
• marriage certificate;
• Written consent to the deal.

It's actually not as hard as it looks. Direct registration of the consent of the spouse to purchase real estate will cost about 1000 rubles and will not take much time and effort.

Validity period

Many questions are caused by the period of validity of the relevant paper. When does "approval" lose its validity?

Exact answer tothis question is not. Therefore, it is advisable to indicate in the agreement the validity period of the issued paper. Otherwise, the document will be valid for 3 years. This is the time for the "work" of powers of attorney under Russian law. There are no exceptions.

Conclusion

We found out when and how it is necessary to issue a spouse's permission to make property purchase transactions. In our case, we are talking about real estate.

What if the husband and wife divorced? Has the property been divided? Then money and real estate are recognized as personal. No need to ask permission.

If the spouses are in the process of divorce or divorced, but the property is not divided, you will have to draw up consent to the purchase of "real estate". It's extremely difficult.

Important: citizens can dispose of personal belongings and objects as they wish. When selling personal property, the proceeds from the transaction are recognized as general funds.

From now on, it is clear how to secure the purchase of housing or other real estate in marriage. The lack of consent of the spouse to the transaction is always a risk. And some real estate agencies refuse to conclude contracts under such circumstances. If the joint property of the spouses is not involved, there should be no problems. The refusal of the husband or wife to the operation will not affect the transaction in any way.