The spouse's consent to real estate transactions. In what cases will it be needed?
Owning real estate is always a big responsibility and a decision that needs to be made taking into account many factors. And one of these factors is the spouse's consent to the sale of real estate. In this article, we will tell you in which cases it is necessary and how to issue.
The spouse's consent to the sale of real estate is a document that is issued when the property is shared by the spouses. This happens in two cases: when the property was purchased in marriage or renovated using money of both spouses. However, the spouse's consent to the sale of real estate is not always necessary. There are several cases where it is not required. For example, if the property was bought before marriage, donated to one of the spouses, or inherited. Also, the consent of the spouse is not required if the property was purchased with the personal funds of one of the spouses before the marriage or privatized by one of the spouses. And, of course, if the property belongs to only one of the spouses on the basis of a marriage articles.
If the spouse's consent to the sale of real estate is still necessary, then it should be issued by a notary. The notary will fill out a special form, which will contain information about the marriage, the property and the spouse giving consent to the sale. This document will be legally binding and confirm your consent to the sale of real estate.
It is important to note that the transfer of ownership can be registered without the notarized consent of the spouse. However, in this case the Unified State Register of Taxpayers will note that consent has not been provided. It can be risky especially for the buyer. After all, according to the law, a spouse who was not warned about the sale of real estate has the right to challenge the transaction within a year for reasons of lack of his consent.
Therefore, in order to avoid unpleasant situations and conflicts, it is recommended to always obtain the consent of the spouse for the sale of real estate. This will help to protect you and your customer from possible problems in the future.
In conclusion, I would like to note that the decision to sell real estate is a serious step that requires a balanced approach and consideration of all legal aspects. And one of these aspects is the consent of the spouse for the sale. We hope that this article has helped you to understand this issue and make the right decision. Have a good sale of real estate!
High-quality and inexpensive real estate legal services are provided by the «Nevsky Prostor» real estate agency. Our lawyers have specialized education, many years of experience in the real estate industry and know all the subtleties of Russian legislation.
Call us if you need real estate legal services, and we will help you arrange, secure or accelerate any transaction.
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