Sale of a jointly purchased apartment - only with the permission of the other half
First of all, the consent of the spouse will be required for the sale of real estate acquired during the marriage. In this case, the residential premises are considered joint property. The permission of the legal spouse is necessary for any legal actions with her (transfer as a gift or sale for money).
Important! Even if the money for housing was paid in full by the husband, and he is listed as the sole owner, the wife has all rights to half of the property. Unless otherwise stated in the marriage contract.
It’s another matter when the husband acquired square meters before the marriage. Then he can safely sell the property he owns. A married woman has the same right.
In practice, it is easier to list the ways when the consent of the spouses for the sale of real estate is NOT REQUIRED:
- housing or commercial premises were purchased by the husband/wife during the premarital period;
- the apartment (house) was received by right of inheritance after a deceased relative or became property through a gift agreement;
- the residential premises were privatized without the participation of the second spouse;
- There is a marriage contract, according to which one of the parties disposes of the property at its own discretion.
In the legislation, these points are spelled out in and.
You will also need the notarized consent of the spouse to donate real estate if it was acquired during marriage. Giving an apartment as a gift, as well as putting it up for sale, will not work without the knowledge of your other half.
Attention! There is no need for permission if the housing was initially registered in the name of two owners - husband and wife. In case of transfer of property to other people, both owners endorse the purchase and sale agreement. Then you will not need to obtain permits.
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Kuzheleva Anna Ruslanovna
Lawyer on personal lending, specialist in resolving disputes with banks
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According to the general rule established by the RF IC, ownership, use and disposal of property acquired during marriage is carried out on the basis of the consent of both spouses. The procedure for state registration of rights to real estate is regulated by special rules of law, namely: Federal Law dated July 13, 2015 No. 218-FZ “On State Registration of Real Estate”, according to Articles 26 and 27 of which, if the consent of the spouse is not provided to the transaction, then this is not a basis for suspension and (or) refusal of state registration of the transfer of ownership of a property.
That is, in situations where real estate was purchased during marriage in the name of one of the spouses, and this spouse subsequently sells such real estate, Rosreestr will register the transaction without the consent of the spouse
