Do I need my spouse's consent to purchase a plot of land in 2020?

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Published: 12/14/2017

Reading time: 4 min

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The acquisition of land in Russia is a process that is considered in the context of the implementation of private property rights, which, in turn, presupposes the possibility of using, disposing of, and owning a land plot. The need for financial investments in the purchase of land by a private person leads to the question of the need for their approval if the citizen is officially married.

Who can buy a plot in the Russian Federation?
Spouse's consent to purchase land Is it necessary or not?
In what cases is it necessary?
How to register
Does it need to be certified by a notary?
How much does the service cost?

Spouse's consent to purchase a plot of land: is it necessary?

The right of private ownership of a land plot is one of the forms of ownership that presupposes the ownership and disposal of a property object, both by private citizens and organizations - legal entities. Their ability to own a plot of land is enshrined in the Constitution of the Russian Federation (Article 35), and in practice this means that both individuals and legal entities have the right to be buyers and sellers of land subject to alienation, according to Russian legislation.

On the need to obtain a spouse’s consent to purchase real estate in 2020

But, on the other hand, the Family Code of the Russian Federation (Article 35) partly contradicts this Federal Law (No. 302). The second part of this article states that the consent of the wife or husband in transactions for the purchase/sale of real estate does not need to be confirmed in writing, since it is positive by default. But in the third paragraph there is almost the opposite explanation - the citizen is obliged to provide the state registration authorities that regulate such activities with confirmation of the spouse’s consent to the transaction for the acquisition of an apartment or other real estate in 2020, drawn up in writing.

Regardless of whether real estate (for example, a garage, an apartment) is purchased or a mortgage or loan is issued for it, in 2020 the spouse’s consent to the purchase must have a notarized confirmation of authenticity. Otherwise, it will not have any legal force. To do this, you can contact any notary office. Important: this must be done by the person who gives his consent to the purchase of real estate, and without his personal presence the notary will not draw up this document.

Buying a dacha with spouse's consent

Due to the requirements of part one of Article 56 and part one of Article 57 of the Civil Procedure Code of the Russian Federation, evidence of moving into the disputed apartment, living there together with the tenant and running a common household with him must be presented to the court by O.S. PRONCHENKO.

Question on topic

No written evidence indisputably confirming the use of the received wages together with the income of the grandmother and uncle for the purchase of furniture, household items, food and other property or for repairing the disputed apartment to meet general needs, PRONCHENKO O.S. was not presented to the court.

If, for any reason, one of the spouses cannot be a party to the purchase and sale transaction, then he can issue a power of attorney in the name of the other. For example, a wife can put her signature on a bill of sale if her husband has issued a corresponding power of attorney in her name. In this case, it is the husband who will become the owner of the apartment. In this case, the power of attorney acquires exactly the same legal force as a notarized consent.

In the document being drawn up, you can indicate a specific property (its address, area, floor, etc.), or give general consent to purchase the property. For registration, it is not necessary for both of you to come to the notary; the presence of the one who gives consent is sufficient.

When is consent not required?

However, this provision does not cancel the right of the second spouse to disagree with the purchase and protest. If the second spouse can prove his ignorance of the completed sale and purchase transaction, this may become a basis for appealing the transaction in court.

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.

Is the consent of a spouse required to purchase land?

It is in connection with these standards that employees of many registration authorities in 2020 are asking for the notarized consent of the spouse to the transaction. When accepting documents from the parties, the registration authority must inform whether the transaction requires a notarized consent of the legal other half to purchase real estate. If the applicants do not have such a document, then the registration service employees are still obliged to accept the remaining documentation and warn about the likely suspension of the registration procedure.

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The Family Code of the Russian Federation obliges obtaining the notarized consent of the second spouse only for one of the spouses to complete a transaction to dispose of real estate and a transaction that requires notarization or registration according to the procedure prescribed by law.

Is it possible by law to sell a dacha without the consent of the spouse?

The common property of the spouses also includes movable and immovable things acquired at the expense of the spouses' common income, securities, shares, deposits, shares in capital contributed to credit institutions or other commercial organizations, and any other property acquired by the spouses during the marriage, regardless of whether in the name of which of the spouses it was purchased or in the name of which or which of the spouses contributed funds. 3. The right to the common property of the spouses also belongs to the spouse who, during the marriage, managed the household, cared for children, or for other valid reasons did not have independent income

.
Therefore, if you purchased it before marriage, you can sell it without your husband’s permission and remove it from the registration register, and if it is joint property, then consent is required by law
.
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consequences of selling a garden plot without the consent of the spouse

I, gr. Valentina Alexandrovna Ivanova, I inform you that the marriage contract between me and Alexander Nikolaevich Ivanov has not been concluded and the statutory regime for joint ownership of all our property has not been changed.

Since, as they say: “two lawyers, three opinions,” it is better not to try to prove in the future that the law does not provide for a mandatory procedure for registering a power of attorney with a notary for the purchase of real estate or written permission to enter into such transactions, but to formalize the consent of the notary as required. notary. Believe me, it will take much less time and there will be significantly lower material costs than in the future going through the courts and ultimately being left without the purchased apartment.

Sale of land: the need for spouse's consent to the transaction in 2020

Sign the purchase and sale agreement. The site, its location, and area should be very clearly indicated. The contract amount, full name and passport details of both parties are also specified.
Transactions with land plots are not subject to mandatory notarization. The exception is the sale of shares, as well as the alienation of property owned by minors.
Collect all documents and submit them for registration to Rosreestr employees.

Example. Kuznetsova inherited a plot of land in the Moscow region and a dacha. Together with her husband, they improved the site and built a new house. It cannot now be said that the plot will be the personal property of the spouse. Now there will be two objects: land and house. Therefore, the property ceases to be separate property if the husband proves the investments made.

Is the consent of a spouse required to purchase a plot of land?

Note! A plot of land (or other real estate) received by one of the spouses through gratuitous transactions (for example, donation, privatization, inheritance) is his personal property and does not require the written approval of the other half for any transactions.

At the very beginning, the place and date of signing the approval is indicated.
The introductory part contains details of the spouses’ passports and marriage certificates.
What follows is the text, the essence of which is that the spouse agrees to the purchase of a plot of land.
At the end, the signature of the husband or wife giving consent is placed.
The document is secured by the signature of a notary.

In what cases is it obligatory?

If one of the spouses makes a transaction that is subject to mandatory state registration.
If a transaction is made, which must be notarized.
If a husband or wife enters into a transaction that involves the disposal of property, the ownership of which is subject to mandatory registration.

Do I need approval when selling a home? The most common transaction that requires a notarized spouse's permission is the sale of real estate.

How to obtain your spouse’s consent to purchase or sell a plot of land and is it always necessary?

However, here you need to keep in mind: in cases where the purchase is made at the expense of the family budget, consent may be required. But exclusively within the framework of spending funds - in land purchases, none of the co-owners has the right to tell the purchaser how to dispose of the property.

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.

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How to apply?

Documentation

Civil passports of spouses.
Marriage registration certificate.
Preliminary PrEP, if available.
Receipt for payment of state duty.

Help: An important condition for issuing a document is the presence of a spouse expressing consent. If this condition is not met, the document will not be issued.

Form and content

The legislative norms of the Russian Federation do not establish a special form for the spouse’s consent to a transaction . You can create such a certificate yourself or use a standard form.

The document involves issuing a permit for only one piece of real estate, which will become the object of sale and purchase in the near future. It should contain:

Personal data of the spouse who gives permission for the transaction.
Information from the marriage certificate.
Personal information of the spouse who will conduct the transaction.
The date the document was drawn up and the signature of the person who expressed consent.
Information about the notary and his signature.

Do I need to get it certified by a notary?

According to paragraph 3 of Article 35 of the Family Code of the Russian Federation, the consent of the husband or wife must be certified by a notary. This is necessary to confirm the fact that the permission was drawn up by the spouse and not by a third party.

Price

The service of drawing up a document by a notary will cost 500–1000 rubles, depending on the region and the established tariff, and the total cost of the procedure will be 2–3 thousand rubles.

Validity

If a married couple has drawn up a preliminary agreement for a specific property, then they must purchase the apartment within 1 year after signing it. If there is no preliminary agreement, the husband and wife have the right to independently determine the validity period of the issued permission to conduct the transaction.

Is it necessary to have a spouse’s consent to purchase an apartment in 2020-2020, drawn up by a notary?

an indication of the special conditions for the use of joint income in the marriage contract;
indication in the marriage contract of a list of civil transactions that do not require approval from the husband/wife;
receiving property by deed of gift;
receiving a property by inheritance;
execution of a power of attorney to conclude a transaction from one spouse to another.

If the transaction was concluded without the consent of the second spouse, he will be able to challenge it within a year from the moment he learns about the violation of his property rights. To do this, you will need to go to court with a statement of claim and evidence that the husband or wife disposed of the common money without the knowledge of the second spouse. The decision of the judicial authority is the basis for declaring the transaction void.

Final word

Many lawyers believe that interpreting paragraph 3 of Article 35 of the Family Code as a mandatory requirement to obtain the spouse’s consent to purchase real estate is a too literal reading of the law. The rights to the purchased housing still belong to the seller, and accordingly the buyer only manages the joint money. According to paragraph 2 of the same article, such an action occurs by default with the permission of the second party.

However, many structures are interested in the literal understanding of the Code in this case. Since the law stipulates the case when it is possible to challenge a purchase if the wife or husband did not know about it, there is a desire to secure the transaction. Thus, Rosreestr may require certified consent from the other party.

The very fact of agreement will be important for peace and tranquility within the family. After all, with such a paper it will no longer be possible to say that the transaction took place without the participation of the husband or wife.

The law does not stipulate anywhere that when buying an apartment, or making another real estate transaction, the whole family must be present. And yet, if there is no written consent of the other half, certified by a notary, when you choose an apartment together, communicate with the Seller, this will eliminate the risk in the future that litigation will begin regarding the invalidation of the purchase, which affects the interests of the spouse.

You can, of course, purchase any property. But if you and your wife have not entered into a marriage contract and a separate property regime has not been established between you, then it is mandatory to draw up a document confirming her consent from a notary. This means that the acquired property becomes joint property and will be divided in half in the event of a divorce.

And even if you draw up a document only for yourself, this will not at all mean the unconditional emergence of ownership rights of only one of the spouses. Your spouse can go to court and demand that the transaction you made be declared invalid, and she can do this within a year from the day she becomes aware of the purchase.

10 facts about joint and shared ownership of housing

In accordance with paragraph 3 of Article 35 of the Family Code of the Russian Federation, in order for one of the spouses to conclude a transaction for the disposal of property, the rights to which are subject to state registration, a transaction for which the law has established a mandatory notarial form, or a transaction subject to mandatory state registration, it must be obtained by a notary certified consent of the other spouse.

However, the spouse, whose notarized consent to carry out the specified transaction was not received, has the right to demand recognition of the transaction as invalid in court within a year from the day when he learned or should have learned about the completion of this transaction.

As we can see, this rule does not give a clear answer to the question of the need to obtain the consent of the spouse to purchase real estate. However, earlier the Supreme Court of the Russian Federation indicated that transactions, although subject to state registration, but not related to the disposal of the spouses’ common property, do not require the consent of the other spouse to conclude them. In order to avoid unpleasant red tape in completing the transaction in the future, we recommend that you obtain this consent.

Do you need your spouse's consent to purchase a plot of land?

Again there is an exception. Nowadays, a mandatory notarial form is required for the purchase and sale of shares in real estate, as well as property owned by minors. When a transaction is notarized, notarial approval from the spouse is required. 3 cases when approval from the spouse cannot be dispensed with:

In 2020, the agreement for the purchase of the above objects will have legal force even without its registration with the relevant authorities, and therefore without the written consent of the spouse. All that is required is the signatures of all parties and the correct content of the document in accordance with the regulations of the Russian Federation.

Is a spouse's notarized consent required to purchase a plot of land?

Issues related to real estate transactions are of great importance to all Russian families. Buying real estate is a fairly serious step, and spouses should seek advice before purchasing a house, apartment, or land, since such a purchase will involve significant expenses and expenditures on the family budget.

The procedure for notarization of confirmation of the spouse’s consent is a mandatory condition when submitting a document to the registration services. The signature and seal of the notary at the end of the document indicates the authenticity of all information and is required in order to suppress possible dishonest intentions of citizens when purchasing/alienating real estate.

Let's figure out in what cases in 2020 you need to buy an apartment

Based on this decision, the registration of property rights will be canceled and the property will become the property of the spouses. The buyer who has lost the purchased apartment will have to file a claim against the actual seller for a full refund. The buyer can compensate the cost of the share to the spouse who did not provide consent, and then file a lawsuit to recover that money from the actual seller. In this case, the buyer will receive ownership of the purchased property. Also, when considering a case in court, the selling spouse can compensate the share of the apartment to the second spouse. In this case, the transaction will be considered valid, and the apartment will remain with the buyer. If a document confirming consent has been forged and the spouse claims that he did not provide it, then this fact is verified by contacting a notary office. All issued documents are registered in the appropriate journal, where the recipient puts his signature and the date of receipt. This data is verified, and based on this, a decision is made about the authenticity of the document. If it turns out to be fake, the transaction will be considered invalid.

What documents are needed when selling a land plot?

Name. Of course, you can simply indicate “Agreement No.,” but if there is a full name, it immediately becomes clear what the contents of the document are;
Information about all parties to the transaction indicating personal passport details and place of registration;
Date of preparation and place of conclusion;
As complete a description of the subject of the transaction as possible. Regarding the land plot, it is important to indicate its exact location and other data that allows you to identify the object and distinguish it from other similar ones;
Purchase price. It is written not only in digital, but also in letter format;
The following describes the terms of mutual settlements and the procedure for making payments. If the buyer made an advance payment in advance, this point should also be reflected on paper;
A note indicating that there are no encumbrances or, if any, a full description of the current encumbrance.

The land plot and buildings on it can only be managed by the legal owner who has the right of ownership. Any other person, for example, a tenant, can only use the plot for its intended purpose, but not sell it;
Land is classified as real estate, therefore all transactions regarding its alienation must be registered with Rosreestr. Otherwise, the contract has no legal force;
Even if the land of one owner passes to another, the type of permitted use of the plot and its category still remains unchanged.

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Spouse's consent to rent a plot of land - in 2020, sample

Family Code, according to which the need to obtain a notarized consent of the other spouse is required for one of the spouses to complete a transaction to dispose of real estate and a transaction requiring notarization and (or) registration in the manner prescribed by law.

Thus, Art. 35 of the RF IC is aimed at determining the legal regime for the disposal of the common property of spouses and establishes, among other things, the rule according to which in order for one of the spouses to complete a transaction requiring registration in the manner prescribed by law, it is necessary to obtain the notarized consent of the other spouse.

○ In what cases can transactions executed without the consent of the spouse be declared invalid?

In accordance with paragraph 2 of Art. 35 of the RF IC, if the other half can prove that the purchase of the apartment was made despite the fact that the spouse or the Seller of the real estate knew about a categorical objection to such an acquisition, the transaction, when applied to the judicial authorities, will most likely be declared invalid by law.

Similarly, if the purchase was made after a divorce, without dividing the acquired property together, the second spouse may claim a share in the purchased apartment, or the transaction may be declared invalid because he did not give consent.

When making a transaction that requires state registration, the other half may file a claim to have it declared invalid within a year after the moment, for example, when it became known about the registration of a mortgage for the purchase of housing.

The purchase of land will not require the notarial consent of the spouse

On the one hand, the provisions of Art. 39.15 of the Land Code of Russia regulates relations related to the preliminary approval of the provision of a plot of land and the submission of an appropriate application. On the other hand, the Family Code of the Russian Federation provides for the provision of a notarized consent of one of the spouses only in the case of a transaction to dispose of real estate.

On October 8, 2020, the Supreme Court of the Russian Federation, in its decision No. AKPI15-1048, declared paragraph 2 of the order of the Ministry of Economic Development of Russia dated January 12, 2020, invalid. The full name of the paragraph “On approval of the list of documents confirming the applicant’s right to purchase a plot of land without holding a tender.” This clause provided that if one of the spouses acquires land, the application for acquisition must be accompanied by a notarized consent of the second spouse to purchase the land plot as a property.

08 Feb 2020 juristsib 1053

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When consent is not needed

There is no need to draw up a document in situations where the transaction falls under other laws and regulations governing the legal relationship between spouses. Three points can be included here:

Marriage contract. If the agreement contains a clause on the disposal of real estate acquired during marriage, additional consent is not required. For example, a marriage contract may provide that the purchased apartment automatically becomes joint or goes into the full use of one of the spouses.
Power of attorney. This option is practiced in some families. The bottom line is that one of the spouses signs a general power of attorney to conduct business and carry out legally significant transactions. The form of such a document implies automatic consent with all actions of the person presenting the power of attorney.
Personal savings. Let’s say one of the spouses received a tidy sum as a gift or inheritance, which is enough to buy an apartment. Even if this occurs within a marriage, the money is not considered marital property and therefore can be used by the recipient as they see fit. If the amount is invested in real estate, the consent of the second spouse is usually not required.

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