How to register the spouse's consent to sell the apartment by proxy? Sample consent of the spouse for the sale of the apartment

The consent of the spouse for the sale of an apartment is one of the most important moments that you will only have to consider when dealing with real estate. Once citizens enter into formal relations, they must take all decisions together. Otherwise, the transaction can be declared invalid. In order not to have problems, it is recommended that the consent of the second spouse for the purchase and sale of real estate be signed in writing. How to translate this idea into reality? Is it mandatory? Is it possible to do without the consent of the spouse? And is it worth waiting for some negative consequences after such a deal? About all this further. In reality, everything is not as simple as it seems. In Russia, with regard to transactions with real estate in marriage, there was a mixed situation.

According to law

The consent of the spouse for the sale of an apartment, like any other real estate, is required in Russia without fail. This fact is established by the Family Code. It says that all transactions should be carried out by the family only with the consent of the husband / wife.

Also, the Civil Code states that any action with property, committed without the consent of the legal spouse, will be declared invalid. It is important to take into account that many simply refuse to deal, unless there is a written permission to carry out the action from the second member of the family.

Not always

The consent of the spouse for the sale of the apartment, as already mentioned, is required almost always. Although there are exceptions. After all, not all property is in question. Citizens who are married have the full right to carry out transactions without the consent of the second spouse. But only in certain cases.

Which ones? At the moment, it should be noted that the agreement is formalized mainly only in transactions with common property. And in the rest it is not required. So, you do not need to engage in additional paperwork in Russia, if the apartment:

• Received by inheritance;
• Transferred to the spouse who is going to make a deal with the real estate, under the gift contract;
• Was acquired before the official marriage;
• Was purchased at the expense of only the personal funds of a citizen.

It should also be noted that consent is not required if it comes to personal things (clothes, for example), as well as intellectual property. No more cases are foreseen.

General or personal

Can I sell an apartment without the consent of my husband / wife? Yes, but only for this you should take into account the previously listed points. When it comes to the premarital apartment or real estate, which was purchased at the expense of personal money, you can get by without authorization.

It is important to understand what income is considered personal and which are shared. Otherwise, the probability is high that the citizen mistakenly believes that real estate is purchased for personal money, but in fact it will not be so. To the general incomes carry:

• All social payments;
• Received pensions;
• Issued allowances;
• Deposits in banks;
• Interest;
• Dividends;
• The salary received at work;
• Income received in the course of doing business.

All this is considered common income. And it does not matter who receives the money - husband or wife. All the same, the family, and not the personal budget, replenishes.

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 were before marriage, then the transaction is made out simply. And in the rest it is necessary to prove that the citizen disposes of personal real estate or income.

Effects

Do I need the consent of the spouse 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 under 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 recognize the operation as invalid. This applies to everything - and donations, and purchases, and sales.

Only in this case will have to take into account a lot of nuances. Firstly, the time limit for applying to a court is limited. This takes a year. It starts to be counted from the moment when the citizen learned about the alienation of property. Secondly, it will be necessary for the person carrying out the transaction to know about the disagreement of the husband / wife. If there were no obvious protests about the alleged action, it would be very problematic to prove the opposite.

Without agreement

In order not to wonder how much the consent of the spouse is necessary to sell the apartment, many people go the other way. How? Very simply - they 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, people usually make out a property for two (when buying). But if it is a question of selling an apartment, then it will be enough to have a personal presence of the spouse in the course of the transaction. So do not have to deal with paperwork.

It is recommended to obtain evidence of the presence of a husband or wife in the conduct of 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 the consent.

How to act

But this is not all that interests the population. Consent spouse to buy an apartment to register or not? It has already been said that for the purposes of its own security and to protect the transaction from invalidation, it is recommended that an agreement be concluded between the spouses. Only this is not the only way of behavior.

Earlier it was noticed that you can invite your husband / wife directly to conclude a deal. And already in the presence of both parties to carry out the sale or purchase of an apartment. Then, notary consent will not be required. Only if for insurance purposes.

Another way is to issue a power of attorney for the property. Also very popular scenario. The second spouse in fact allows to carry out all actions with real estate by proxy. Most often this method is used if the citizen has a share in the apartment.

The order of registration

How to register a spouse's consent to sell an apartment? By proxy or without it - it's not so important. After all, the principle remains the same. The first step is to find out where to go for a document. The answer is one - to the notary. It is he who has a contract for the transaction and written consent of the spouse for a particular action with real estate. The notary will also help in obtaining a power of attorney for the property.

Next is the list of documents that is required for the operation. How to register the spouse's consent to sell the apartment by proxy or by usual agreement? Make it simple. It is enough to bring with you to the notary:

• Passports of the parties;
• Documents for the apartment (confirming the rights of citizens to property);
• Certificate of marriage;
• A receipt for notary fees (not mandatory);
• Payment confirming the payment of state duty for the conclusion of the contract.

Already in the presence of a notary a written application is being written. This is either direct consent, or power of attorney. After authenticating the documents, the notary will confirm the validity of the agreement. This concludes the process. It's easy and simple.

Validity periods

It is planned to sell a privatized apartment. Consent of the spouse for the transaction is available. And how much will it work? This question is also important. After all, if you use an agreement or a power of attorney after the document is completed, the transaction can also be considered invalid.

In total, there are two options for the development of events. The first is the indefinite action of the document. In this situation, there is no specific deadline for the termination of the validity of the agreement or power of attorney. The most common case.

The second is the power of attorney or consent of a certain period. In this situation, all the nuances are prescribed in the text of the agreement. Without them, as it is not difficult to guess, the document will operate indefinitely.

It is interesting that after the consent of the spouse to sell the apartment is obtained, you can at any time to withdraw the decision. A husband or wife may change their mind. And, accordingly, to withdraw the agreement. It can be done unilaterally. Therefore, if you plan to sell an apartment, obtain the consent of the spouse in advance. And so that the person has not changed his mind.

A marriage contract to help

But there is another very interesting case. In modern Russia, it occurs quite often in recent times. It is about signing a so-called marriage contract. Usually this document is required for the settlement of property relations between spouses.

He often helps to carry out transactions with real estate without the consent of his wife or husband. It is enough to prescribe in the text of the transaction and property for which citizens put special conditions for disposal.

In this situation it is important that the norms do not violate the existing legislation. Most often, the question of who and in what case owns the real estate is simply decided. For example, you can specify that the apartment will be the property of the spouse for whom it is framed. Accordingly, in this situation, the question of an agreement will not arise. Now it is 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. The marriage contract will save citizens from such surprises.

Sample agreement

A sample of the spouse's consent to sell an apartment can be called a template. It is suitable for resolving any transactions with a variety of real estate. In fact, all the features are required to be prescribed and painted in the text of the contract. But approximately the agreement is as follows:

Consent to the implementation of the transaction (sale) with the common property. I, Ivanova Marina Petrovna, (passport data), I agree to sell the apartment located at: Moscow, ul. Ivan Susanin, house 30, building 3, apartment 64, to her husband, Ivanov Ivan Ivanovich, (passport information).

I, Ivanova Marina Petrovna, I inform you that a marriage contract was not concluded between me and my lawful spouse. Contents of articles 35 and 34 of the Family Code of the Russian Federation are understandable and explained by a notary.

Power of attorney

The example of consent of the spouse for the sale of the apartment is understandable. Similarly, you should draw up a power of attorney. It will look something like this:

The power of attorney for the implementation of transactions with real estate on my behalf. I, Ivanova Marina Petrovna, (passport data), transfer the right to conduct transactions with property under this power of attorney on my behalf to my spouse, Ivanov Ivan Ivanovich (data from the passport).

This document is valid until 15.08.2016. Any actions with my property can be carried out without my personal presence, only by my husband, until the specified date.