Spouse's consent to the sale of an apartment is one of the most important points that you will only have to consider when dealing with real estate. As soon as citizens enter into official relations, they must make all decisions together. Otherwise, the transaction may be invalidated. In order to avoid problems, it is recommended to draw up the consent of the second spouse in writing for the sale of real estate. How to bring this idea to life? Is it obligatory? Is it possible to do without the consent of the spouse? And is it worth waiting for any negative consequences after such a deal? About all this further. In reality, everything is not as simple as it seems. In Russia, a mixed situation has arisen regarding real estate transactions in marriage.
In law
Spouse's consent to the sale of an apartment, like any other real estate, in Russia is required without fail. This fact establishes the Family Code. It states that the family should carry out all transactions only with the agreement of the husband / wife.
The Civil Code also states that any action with property committed without the consent of the legal spouse will be invalidated. It is important to consider that many simply refuse transactions if there is no written permission to carry out an action from a second family member.
Not always
The spouse's consent to the sale of the apartment, as already mentioned, is almost always required. Although there are exceptions. After all, far from all property is at stake. Citizens, being married, have every right to carry out transactions without the consent of the second spouse. But only in individual cases.
Which ones? At the moment, you should pay attention that the agreement is drawn up mainly only in transactions with common property. And the rest is not required. So, you do not need to deal with additional paperwork in Russia if the apartment:
- inherited;
- transferred to a spouse who is about to complete a real estate transaction under a gift agreement;
- It was acquired before the official marriage;
- It was purchased at the expense of only personal funds of the citizen.
It should also be noted that consent is not required when it comes to personal items (clothing, for example), as well as intellectual property. No further cases are foreseen.
General or personal
Is it possible to sell an apartment without the consent of the husband / wife? Yes, but only for this should be taken into account the previously listed points. When it comes to premarital apartment or real estate, which was purchased at the expense of personal money, you can do without obtaining permission.
It is important here to understand which incomes are considered personal and which are shared. Otherwise, it is highly likely that a citizen will mistakenly believe that the property was purchased for personal money, but in reality it will not be so. Total income includes:
- all social benefits;
- received pensions;
- benefits issued;
- deposits in banks;
- interest;
- dividends;
- salary received at work;
- income received in the course of doing business.
All of this is considered total revenue. And it does not matter who exactly receives the money - husband or wife. All the same, there is a replenishment of the family, and not the personal budget.
That is why the consent of the spouse to buy or sell an apartment is almost always required. If we are talking about the inheritance, gift or money (property) that was before the marriage, then the transaction is made out simply. And the rest will have to prove that a citizen manages precisely his personal real estate or income.
Effects
Do I need a spouse’s consent when selling an apartment? The advice given by citizens and lawyers indicates that it is better to enlist such support and document it. Otherwise, it may not be the most pleasant situation. What is it about?
The thing is that according to the laws established in Russia, if the real estate transaction was carried out without the consent of the second spouse, then this person has the full right to invalidate the transaction. This applies to everything - and giving, and buying, and selling.
Only in this case will have to take into account many nuances. Firstly, the time limit for applying to the court is limited. This takes a year. He begins to reckon from the moment at which the citizen learned about the alienation of property. Secondly, it is required that the person carrying out the transaction be aware of the disagreement of the husband / wife. If there were no obvious protests regarding the alleged action, it would be very difficult to prove the opposite.
Without agreement
In order not to think about how much the spouse's consent to the sale of the apartment is necessary, many go the other way. How? Very simple - carry out transactions in the presence of the second spouse. And, as a rule, the husband / wife when signing the contract of sale, usually write their own consent to the operation.
Not the rarest option. But in such cases, usually people immediately draw up a property for two (upon purchase). But if it comes to the sale of an apartment, then it will be enough personal presence of the spouse in the transaction. So do not have to deal with paperwork.
It is recommended that you obtain evidence of the presence of a husband or wife in transactions. After all, then in court it will be impossible to prove the invalidity of the operation. That is why it is recommended to document consent.
How to act
But that is not all that interests the population. Spouse's consent to purchase an apartment to issue or not? It has already been said that for the sake of our own security and to protect the transaction from recognition as invalid, it is recommended to draw up an agreement between the spouses. Only this is far from the only option.
It was previously noted that you can invite a husband / wife directly to conclude a transaction. And already in the presence of both parties to carry out the sale or purchase of an apartment. Then notarized consent is not required. Only if for insurance purposes.
Another way is to issue a power of attorney for the property. Also a very popular scenario. The second spouse actually allows you to carry out all actions with real estate by proxy. Most often, this technique is used if the citizen has a share in the apartment.
Order of registration
How to get a spouse’s consent to sell an apartment? By proxy or without it - it is not so important. After all, the principle remains the same. The first step is to find out where to go to complete the document. There is only one answer - to a notary public. It is he who concludes a contract for the implementation of the transaction and spouse's consent is written for a particular action with real estate. A notary will also help in obtaining a power of attorney for the property.
Next is a list of documents that is necessary for the operation. How to get a spouse’s consent to sell an apartment by proxy or by usual agreement? It is easy to do. It is enough to bring with you to the notary public:
- passports of the parties;
- documents for the apartment (confirming the rights of citizens to property);
- certificate of marriage;
- receipt of payment for notary services (optional);
- payment confirming payment of state duty for the conclusion of the contract.
Already in the presence of a notary, a written application is written. This is either direct consent or a power of attorney. After checking the authenticity of the documents, the notary will confirm the validity of the agreement. This ends the process. Easy and simple.
Validity period
It is supposed to sell a privatized apartment. Spouse's consent to the transaction is available. And how much will it act? This question is also important. After all, if you use the agreement or power of attorney after the document expires, the transaction can also be declared invalid.
There are two options for the development of events. The first is the perpetual effect of the document. In this situation, a specific deadline for the validity of the agreement or power of attorney is not prescribed. The most common case.
The second - the power of attorney or consent for a certain period. In this situation, all the nuances are prescribed in the text of the agreement. Without them, as you might guess, the document will act indefinitely.
It is interesting that after the spouse’s consent to sell the apartment is obtained, you can withdraw the decision at any time. A husband or wife may change their mind. And, accordingly, revoke the agreement. This can be done unilaterally. Therefore, if you plan to sell an apartment, get the consent of your spouse in advance. And so that a person no longer changes his mind.
Prenuptial agreement to help
But there is another very interesting case. In modern Russia, it is found quite often recently. It is about the conclusion of the so-called marriage contract. Usually this document is required for the settlement of property relations between spouses.
It is he who often helps to carry out real estate transactions without the consent of a wife or husband. It is enough to register in the text of the transaction and property for which citizens put special conditions for the order.
In this situation, it is important that the rules do not violate existing legislation. Most often, the question of who and in which case which property belongs to is simply solved. For example, you can indicate that the apartment will be the property of the spouse for whom it is registered. Accordingly, in this situation, the question of agreement itself does not arise. Now it’s clear when the sale of an apartment requires the consent of the spouse. In fact, this issue always causes a lot of controversy. And most transactions can be challenged in court. Especially when it comes to jointly acquired property. A prenuptial agreement will protect citizens from such surprises.
Sample Agreement
The sample consent of the spouse for the sale of the apartment can be called a template. It is suitable for resolving any operations with a variety of real estate. In fact, all the features you need to register and paint in the text of the contract. But the approximate agreement is as follows:
Consent to a transaction (sale) with common property. I, Marina Petrovna Ivanova, (passport details), I consent to the sale of an apartment located at the following address: Moscow, st. Ivan Susanin, building 30, building 3, apartment 64, to her husband, Ivan Ivanov, (passport information).
I, Marina Petrovna Ivanova, inform you that a marriage contract has not been concluded between me and my legal spouse. The content of 35 and 34 articles of the Family Code of the Russian Federation is clear to me and explained by a notary.
Power of attorney
The sample consent of the spouse for the sale of the apartment is understandable. Similarly, a power of attorney should be drawn up. It will look something like this:
A power of attorney for real estate transactions on my behalf. I, Marina Petrovna Ivanova, (passport data), transfer the right to carry out transactions with property under this power of attorney on my behalf to my spouse, Ivan Ivanov (data from the passport).
This document is valid until 08/15/2016. Any actions with my property can be carried out without my personal presence, only by my husband, up to the specified date.