How to transfer a car to my wife?

Ways to re-register a car for your wife

Initially, you need to decide on the method of re-registration of the vehicle. A marriage contract can be concluded between spouses (Article 42 of the RF IC). It is permissible to draw it up in relation to individual things, including a car. There are alternative methods of transferring property:

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Car purchase and sale agreement (VSA). The execution of the transaction is regulated by Art. 454 Civil Code of the Russian Federation. However, a DPA cannot be concluded between spouses. The transaction will contradict the norms of current legislation.
General power of attorney. The use of the document is regulated by Art. 185 - 189 Civil Code of the Russian Federation. In fact, the owner of the car does not change. However, the wife receives the right to drive a vehicle and perform legally significant actions with it. The list of powers of the parties is reflected in the power of attorney. All fines will continue to fall on the husband. The spouse is required to pay taxes. A general power of attorney requires notarization.
Deed of gift. Involves the gratuitous transfer of property. If the transaction is between husband and wife, the need to pay taxes disappears. The document serves as the basis for re-registration of the car with the traffic police. There is no need for notarization of the deed of gift. However, the procedure can be carried out at the request of the parties.

Is a car purchased during marriage subject to division?

All property purchased by spouses during marriage is considered jointly acquired, unless otherwise established by agreement between the spouses.

Property that cannot be divided in a divorce includes personal and household items, intellectual property rights, social benefits, and property acquired before marriage or through gratuitous transactions.

A car is not included in this list; therefore, such property can be divided during a divorce.

It’s important to know : it doesn’t matter which spouse the car is registered to and whose money was used to buy the car. If it is acquired during marriage, it belongs to both.

Even if one of the spouses does not have a driver’s license, this does not deprive him of the right to own a car.

Civil and family law establishes general provisions for the division of jointly acquired property, including a car.

As a general rule, when spouses divorce, the car is divided in equal shares. The law provides for a change in shares in favor of the spouse with whom the minor children remain.

Also, the spouse’s share may decrease to a lesser extent if during the marriage he did not work for an unjustifiable reason or spent family funds inappropriately (for example, due to alcohol or drug addiction).

The law suggests dividing the car in two possible ways:

Conclude a peace agreement on the division of joint property;
Divide the car in court.

Re-registration of a car to the wife under a purchase and sale agreement

Property acquired by a husband and wife after the official registration of the relationship is recognized as joint property, unless otherwise provided by the marriage contract (Article 33 of the RF IC).

In a standard situation, one person undertakes under a contract to transfer ownership of an item to another party for a certain amount of money. If we are talking about spouses, the funds generated from joint income simultaneously belong to the husband and wife. Upon conclusion of the DCT, the parties will become the owners of what already belonged to them. The purchase and sale of a car between husband and wife will not entail any consequences. There is no alienation of property or transfer of ownership rights.

Such a transaction can be characterized as imaginary (Article 170 of the Civil Code of the Russian Federation). The spouses remain in the same position they were in before the car was re-registered. As a result, the transaction is declared invalid.

If spouses need to transfer property, it is recommended to draw up an agreement on its division (Article 38 of the RF IC). The document is drawn up in writing and does not require notarization. It is permissible to conclude a transaction during the marriage or after its dissolution. Property can be partially divided. Based on the agreement, the vehicle will subsequently be re-registered with the traffic police.

The contract for the sale and purchase of a car to my wife can be found here.

The procedure for re-registering a car to a wife under a gift agreement

Re-registration of a car in the name of a wife under a gift agreement is carried out in accordance with the norms of Chapter 32 of the Civil Code of the Russian Federation. The procedure for re-registration of a vehicle free of charge is carried out according to the following scheme:

A husband and wife draw up a deed of gift. The paper must be prepared in accordance with the provisions of Article 574 of the Civil Code of the Russian Federation.
The couple collects documents. In order for the car to be re-registered, you need your wife’s civil passport, STS, PTS, a completed application, a donation agreement and a compulsory motor liability insurance policy.
Pay the state fee. It must be provided before registration steps are completed. The amount is reflected in Article 333.33 of the Tax Code of the Russian Federation.
An appeal is being made to the traffic police. It is recommended to make an appointment in advance. The procedure can be carried out through State Services. A representative of the authorized body will check the documentation and then inspect the car. If the transaction does not raise suspicions and the vehicle is not stolen or encumbered, the car will be re-registered.
Get updated documents.

Particular attention should be paid to drawing up a deed of gift for your wife. The document must be drawn up strictly in writing. The number of copies depends on the number of participants in the transaction. If it is concluded between a husband and wife, you need to prepare 3 agreements. 2 of them will remain with the spouses, and the third must be transferred to the traffic police.

In order for the deed of gift to be recognized as valid, the document must reflect the following information:

information about the parties to the transaction;
place of conclusion of the agreement and date of completion of the procedure;
characteristics of the vehicle;
information about documents confirming the presence of the donor’s ownership of the car;
the procedure for transferring property into ownership;
signatures of the parties to the transaction.

Drawing up a gift agreement between husband and wife on your own can be problematic. It is better to use a ready-made sample. This will minimize errors. You can download the document here.

If the transaction is between husband and wife, there is no need to pay tax. This rule is reflected in paragraph 18 of Art. 217 Tax Code of the Russian Federation. There is also no need to submit a declaration. The cost of the car does not have to be indicated in the agreement. However, in practice, the lack of a price can lead to a delay in the procedure.

Traffic police officers sometimes state that re-registering a car to a wife without indicating the cost of the car is invalid. The action is illegal. Faced with this, a citizen can write a complaint to a superior or indicate the cost in the contract. Notarization of the deed of gift is also not required.

Available ways to re-register a car in the name of a wife or husband

Re-registration of a car requires compliance with the following conditions:

There is no encumbrance on the vehicle, it is not mortgaged, is not stolen, and has not been seized.
The spouses are recognized as capable and legally capable.
Transport documents are valid and issued in accordance with the law.

Many people ask, should my spouse have a driver's license? The law clearly states that this does not affect the re-registration of property; the lack of a driver’s license does not play a role.

Common options for transferring a car to your wife are:

Agreement for the purchase and sale of a car between a husband and wife.
Drawing up a donation agreement for transport.
Notarization of a general power of attorney.
Re-registration of a vehicle as an inheritance.

Let's look at each method in more detail.

Purchase and sale

The method of transferring transport is beneficial for both parties if the spouses live together. The car does not need to be deregistered, so re-registration occurs automatically, and no state sales tax is charged. The husband must have owned the vehicle for more than 3 years. There is a simple change of ownership, but the license plates remain the same. A special feature of this re-registration is the payment of a certain amount to the husband.

Procedure for drawing up a sales contract:

Vehicle inspection.
Signing the contract.
Transfer of car keys and money between spouses.
Registration with the State Traffic Inspectorate for the wife without deregistration.

The agreement must be drawn up in 3 copies: two of them for the spouses, the third for the traffic police. The text is drawn up in any form and, if desired, can be certified by a notary.

In the contract we indicate the following information:

Place and date of signing.
Full details of the seller and buyer: residential address, passport details.
Description of the subject of the agreement – transfer of the car to the wife.
Description of the car with details: year of manufacture, model, body number, engine number, color, VIN number.
The cost of the car, written in numbers and text.
Time, a way to exchange a car for money.
Paintings of spouses.

The advantages of the method are:

Low transaction costs.
Save time.
No deregistration required.

Re-registration through purchase has the disadvantages that sometimes in court such agreements are declared invalid. Between spouses, such an agreement is considered dubious and raises many questions. If it is certified by a notary, you will have to incur expenses of about 1000 rubles.

Donation

One spouse can give a car to another; such an action requires drawing up a gift agreement. The subject of the deed of gift is not cheap, so financial issues must be resolved in advance. The vehicle registration remains the same.

A husband and wife, while married, trust each other, but it is better to formalize financial issues in writing. It is important to consider the following points before making a donation:

Both parties must be legally competent and capable.
You must have ownership of the car.

The contract does not require mandatory notarization, however, lawyers recommend notarization to prevent subsequent problems. In the text, by analogy with the sale and purchase, all the details of the car, the two sides of the donation and the signature are indicated. This method is more optimal and has virtually no disadvantages.

General power of attorney

This method is not the best, but is still common. Its implementation requires the participation of a notary, whose work is paid in the range of 1000-1200 rubles. The person for whom the power of attorney is issued may not be present at the notary.

All fines, taxes and insurance will go to the previous owner. If the wife dies, the power of attorney must be revoked. In the event of the husband's death, the heirs become the owners of the vehicle. A power of attorney can be issued for no more than three years, but not less than 1 year.

This method is the most expensive, since the wife will not be able to register the car in her name without purchase and sale.

Re-registration of inheritance

The method is used in the event of the death of the husband, if it is necessary to transfer the car to the wife. It is necessary to obtain a will or certificate of inheritance. This procedure requires the assistance of a notary. The inheritance is formalized no earlier than 6 months after the death of the owner of the vehicle.

During this time you cannot drive a car, but you can maintain and re-register it at the traffic police department. If the wife did not manage to register the car within six months after the death of her husband, then the state can take it away.

The procedure for re-registering a car in the name of a wife under a general power of attorney

In accordance with Article 185 of the Civil Code of the Russian Federation, a power of attorney is a written formalization of powers transferred to another person. Depending on their volume, the type of document may vary. A general power of attorney involves granting a person the widest range of powers. It requires notarization.

If the above document is executed, the car will not be deregistered. In fact, the car continues to be registered with the husband. However, the wife receives the right to dispose of the vehicle. She will be able to use the car for personal purposes, rent out property, and make repairs. Powers are transferred for a certain period, which the parties reflect in the document.

The current legislation does not provide for the form of a power of attorney. However, it is better to use the document form provided by the notary during the certification process. To issue a power of attorney, you must have the following documents with you:

passport;
STS;
PTS.

It is recommended to indicate the period for which powers are transferred to the wife. The paper will be considered invalid if it does not contain the required information:

information about the principal and attorney;
information about the car;
powers granted;
validity period of the power of attorney;
signature of the parties to the transaction with mandatory decryption.

If a power of attorney has been issued, an application to the traffic police is not carried out. Having the document already gives you the right to dispose of the vehicle. Drawing up a general power of attorney for your wife on your own can be problematic. Experts recommend using a ready-made sample. It's possible.

In order for the wife to be able to drive a car transferred by proxy, she must be included in the MTPL policy. In accordance with the provisions of Federal Law No. 40 of April 25, 2002, driving on the road without insurance is strictly prohibited.

How much does it cost to re-register a car for my wife?

The price of re-registering a car to your wife depends on the chosen transaction option. If a gift deed is drawn up, you will have to pay for making adjustments to the PTS and for receiving the STS. There is no change in license plates when transferring a car between spouses. The amount of the state duty is regulated by Article 333.33 of the Tax Code of the Russian Federation. To enter information about the new owner into the PTS you need to pay 350 rubles. If you need to replace the document, you need to pay another 800 rubles. RUB 1,500 will be charged for providing a new registration certificate.

When a general power of attorney is issued for the wife, there is no need to re-register the car. However, to draw up the document you need to contact a notary. He will help you draw up the document and certify it. The specialist provides services on a reimbursable basis. Their cost depends on the region in which the manipulation is performed.

Re-registration costs

Before you transfer the car to your wife, you need to prepare an amount of money within 3,700 rubles. Let's figure out how much it costs to re-register a car.

Expenses consist of the following items:

The state duty costs 850 rubles.
A change in PTS will cost 350 rubles.
Re-issuance of a registration certificate costs 500 rubles.
Additionally, you will have to pay for an MTPL policy.
If the state number is changed, then a fee of 2,000 rubles will be required.

Tip of the day: use the State Services website to re-register a car, which provides a 30% discount on state fees

How to transfer a car to your wife during a divorce?

The list of necessary actions depends on whether the parties managed to reach an agreement. If the spouses have reached an agreement, they can divide the common property by drawing up an appropriate agreement. The procedure is carried out in accordance with the norms of Article 38 of the RF IC. It is permissible to carry out manipulation during marriage or after its dissolution. The agreement on the division of property must be notarized.

When the document is completed, together with it and the standard package of documentation for re-registration (application, STS, PTS, civil passport of the person, compulsory motor liability insurance) you will have to contact the State Traffic Inspectorate. Here the car will be re-registered to the wife.

If the parties are just going to dissolve the official relationship, it is permissible to conclude a marriage contract. The process of its preparation is regulated by Article 41 of the Code of the Russian Federation. The agreement can be drawn up at any time before the divorce. The agreement is concluded in writing and is subject to notarization.

However, in practice it is not always possible to reach a mutual agreement. In this situation, the division of property is carried out in court. If during the proceedings it is decided that the car belongs to the wife, she will be able to register it after receiving a court order.

What to do if you sold your car without consent

Since the traffic police does not require notarized consent from the second spouse, re-registration of the car always takes place as quickly as possible. Most buyers also do not check this document, because they rely on the integrity of the counterparty. But the second spouse, having learned about the alienation of the car without his consent, can protect his interests in the following ways:

negotiate with the seller, i.e. by your spouse, about the transfer of half of the proceeds;
agree on the transfer of property at a commensurate price in order to remove claims;
file a lawsuit to declare the transaction invalid.

In the first two cases, all issues are resolved among themselves by the spouses themselves. If you need to go to court, you will have to involve the buyer in the process, i.e. new owner.

Resolve the issue without trial

In any controversial situation, it is always easier and faster to reach an agreement without going to trial. If the car was sold without the consent of the second spouse, out of court you can:

enter into an agreement on the transfer of funds or property;
draw up registration documents in favor of the second spouse of real estate or another car;
transfer half of the money received from the sale by receipt or verbal agreement (we recommend that you always draw up a document for the transfer of money to avoid problems).

In these cases, everything depends on the actions and decisions of both spouses. If the seller refuses to compromise, the only option to get money is to go to court. There is no point in delaying this, since there are statutes of limitations for challenging transactions or collecting funds.

Challenging the transaction through court

In court, you can challenge the purchase and sale transaction and declare it invalid, or recover half the money for the car from the second spouse.

Here are some important points related to judicial protection of rights:

when filing a claim to challenge a transaction, you must always involve the buyer as a co-defendant;
when collecting half of the proceeds from the sale, the buyer can also be engaged by a third party to confirm the terms of the transaction and its price;
if the transaction is declared invalid, the car will be re-registered back to the original owner (but he will have to return the money to the buyer);
if the court recovers half of the funds from the seller, you will have to turn to the bailiffs to retain them, and the car will remain with the buyer.

To confirm the fact that there is no consent to sell, the auto court will make a request to the notary registry. It records all the documents certified by the notary. If the second spouse only verbally gave his consent to the transaction, this fact will not be accepted as evidence. If the sale and purchase is declared invalid and the car is returned to the seller’s ownership, the buyer will be able to recover the entire amount from him through the bailiffs.

How to transfer a car to a wife after the death of her husband?

The procedure for re-registering a car to a wife after the death of her husband is quite lengthy. If you miss the deadline established by law, the car becomes the property of the state. Section 5 of the Civil Code of the Russian Federation is devoted to the inheritance process. In order to receive property that belonged to the husband, the wife will have to issue a certificate confirming the presence of the corresponding right. To do this, you need to contact a notary.

The opening of inheritance occurs immediately after the death of the owner of the property. Persons planning to receive part of the property are given 6 months to contact the authorized body (Article 1154 of the Civil Code of the Russian Federation).

Registration of the certificate takes 2-4 weeks. When the document is ready, you need to pick it up and contact the traffic police with an application for re-registration. Additionally, you need to have with you the documents for the car and a valid MTPL insurance policy.

The procedure for registering a car will be carried out in accordance with the norms of Order of the Ministry of Internal Affairs of the Russian Federation No. 399 of June 26, 2021. When the information in the documentation is updated and the wife is added to the title and STS of the car as the owner, the woman will be able to fully dispose of the property.

Re-registration at the MFC

Multifunctional centers undertake intermediary services, functioning on the principle of a single window. The organization's work schedule is convenient for clients. Re-registration of a car to your wife through the MFC can also be carried out. If a person decides to take advantage of the facilities of the institution, the following actions must be performed:

Prepare a package of documentation. The list of papers that may be required in the process is reflected in paragraphs 15-16 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 605 dated August 7, 2013.
Pay the state fee. It is charged for replacing the STS and updating information in the PTS. The amount of the amount is reflected in Article 333.33 of the Tax Code of the Russian Federation. It is necessary to provide 1850 rubles.
Contact the authorized body. MFC employees will not register the vehicle themselves. However, they will help you fill out an application and register the citizen with the traffic police.
Visit the State Traffic Inspectorate on time and provide a package of documentation.
Wait until the procedure for re-registering the car to your wife is completed and receive the completed papers.

What documents are needed for re-registration

The exact list of documents for registering a car in the wife’s name depends on the grounds, type and conditions of transfer of ownership.

According to Order No. 605, to register you must submit:

application from the new owner;
a document confirming the basis for transferring rights to a car - donation or sale agreements, court decision;
applicant's passport;
vehicle passport (PTS);
vehicle registration certificate for the previous owner.

Although registration is a paid service, it is not necessary to provide a receipt for payment of the fee. Traffic police officers are required to independently verify the fact of payment using the applicant’s passport data. However, to troubleshoot problems, it is advisable to take the receipt with you.

If, under the terms of the agreements, license plates are to be replaced, plates with old license plates will be confiscated and destroyed. New license plates can be obtained from the traffic police until August 2021. After this date, the traffic police will only assign a license plate, and you will have to order the plate through accredited organizations.

Re-registration of a vehicle in the name of a wife through State Services

Remote contact with an authorized body is acceptable. The application is submitted through the State Services portal. The opportunity is available only to registered users. First of all, you need to log in to the site. Then you need to proceed according to the following scheme:

On the list.
If the car is re-registered to the wife, the used car is re-registered. Therefore, you need to select the item “executing documents when purchasing, leasing or changing information about the owner.”
Click on the item “change vehicle owner data”.
Read information about the service and indicate its type.
Fill out the online form. It will contain information about the vehicle and the new owner.
Select the traffic police department to which you will contact.
Submit the form and wait for the system to process it.
At the appointed time, contact the authorized body with a prepared package of documentation.