Rus Articles Journal

The rights for real estate in Gimeney`s chains of

How to issue transactions with real estate dissolving a marriage or entering it

Love - indescribably fine feeling. But quite often it does people reckless. Any material reasons as grounding height of the relations stand aside. And therefore often they are ignored even in questions which price is especially high, - for example, in transactions with real estate.

the Husband and the wife - property whose?

the Law says:“ The property acquired by spouses during marriage is their joint property (item 1 of Art. 256 of the Civil code of the Russian Federation)“. That is, a priori it is considered that any good in “a cell of society“ is got on in common earned means. Even if any of spouses never officially found a job, supposed that he (and is more often - it) created to the precious half conditions for successful replenishment of the family budget.


So, on alienation of the real estate which is in common acquired during marriage always needs the spouse`s consent. The legislative force of this situation remains as much as long. Some lawyers, without going into detail, claim that the term of limitation period in this question - three years. And at citizens illusion is created that in three years after acquisition of real estate (or after divorce) it is possible to sell safely in common acquired good without the permission.

Actually it is about three years from the moment of detection by the “gathered“ half of its disfranchisement. It means that even in case of divorce the address to the former spouse behind a consent to sale of housing is almost inevitable (including bought actually without its material participation in the period of the cloudless relations). However, in the course of divorce it is possible to make the voluntary agreement on the section of property (the marriage contract). Even more reliably - to define the rights of the parties for real estate and other (or to record the section of property and further lack of material claims) on court not to depend on will and mood of the former spouse any more.

the Vigilant matrimonial eye the Widespread incident happens to


to those who, being going to make the transaction with real estate, at divorce did not execute documentary formalities - that is did not receive a personal copy of the certificate on divorce and did not put the corresponding stamp in the passport. The transaction cannot be carried out by such citizen - neither as divorced nor as married, - so far the status will not be documented.

In the operating marriage not only sale, but also purchase of real estate happens under control of a vigilant matrimonial eye. Therefore at acquisition of a living space addressed to, let us assume, wife the husband is obliged to sign the application for a consent, that is for what does not object to the similar order the general capital.

If one of spouses at the time of transaction is on a trip, it is necessary to issue the corresponding permission (in duplicate) at other notary. If one of spouses at present outside the homeland, then permission is made out in the Russian consulate of the country of residence.

Have more than reality - less efforts

Similar documents important very much precisely and to make out in detail. For example, it is necessary to specify surely, the real estate will be sold or presented, entirely or in shares with someone, and also what the housing to what address it is is. The more a reality - the it is less then opportunities to challenge legality of the transaction.

it is the most reliable than

when the spouse can personally be on the notarial certificate of the contract. At itself it is necessary to have the marriage certficate or the certificate on divorce - if marriage during which the real estate was acquired is stopped. It is also necessary to have passports (if, for example, in the passport of the widower there is a stamp about marriage, it is required to provide the certificate on death of the spouse). And of course, it is worth to remember that one of copies of the application about a consent has to be sent to registering body together with the contract.

Any full age participant of the contract who is not married is in addition obliged to issue an application for it, having assumed responsibility for deliberate concealment of existence of Gimeney`s chains, significant for the transaction. It becomes in order to avoid the risks connected with a potential possibility of protest of the transaction.

If the transaction is made out by

by proxy, the authorized representative can be authorized to submit the application for marital status of the principal, that is person on behalf of whom the real estate is on sale or acquired. If in the power of attorney there are no instructions on such power, to the document has to be attached personal (notarially certified!) statement of the principal. Otherwise there will be problems with the state registration of the transaction.

When the spouse at anything is not required to


a consent of spouses to alienation of the real estate received by one of them before marriage, and also received as a present during marriage. Besides, “as inheritance or according to other gratuitous transactions“ (for example, donations) as the real estate, along with other types of property, “is its property“ (item 1 of Art. 36 of the Family code of the Russian Federation). But consider - to “other gratuitous transactions“ also privatization of housing belongs. So what do you do not hurry to refuse thoughtlessly participation in privatization of in common occupied square meters in favor of the spouse. If all of you decided to refuse, the spouse who became the only owner “to the general on life“ apartments will be able independently to dispose of a living space on legal grounds without your permission.

can Invest means in individual share in construction and without consent blessed. So far “dolevka“ exists as financial operation, the order money happens seemingly independently. But it is not necessary to be under a delusion. The law will strictly monitor observance of the civil rights of both spouses: the apartment is got in marriage, therefore, the spouse has legitimate right for a share in it and will easily prove it through court.

Marriage contract? And why is also not present?

we Will consider, for example, such situation: privatization addressed to one of spouses of that living space, the right for which were formed as a result of an essential contribution of another. So, the family gathered in the municipal three-room apartment on an exchange, and the spouse had a two-room flat, and the spouse has a room in a communal flat. The wife once already used the right of privatization, and now only the husband can make the general apartment property, having privatized it on the name. For restoration of “historical justice“ the spouse can “otdarit“ part of the apartment. And it is possible to make the marriage contract (having by all means registered it), under which the parties come to the agreement that the spouse, considering its contribution to the general square meters, has the right for 2/3 given apartments.

Thus, from undesirable subject turns at transactions with real estate is quite often rescued by foresight, that is in this case registration of the marriage contract. Legal contents of this document, a condition of its conclusion and cancellation are regulated by articles 40 - 44 (hl. 8) Family code of the Russian Federation. The marriage contract is made out at the notary. At itself it is necessary to have passports, the marriage certficate (if it is already registered) and, it is desirable, documents of title on real estate which will appear in quality of subject of the contract.

the Marriage contract is formed in triplicate: in one copy each of the parties receives, and the control copy remains in archive of the notary (in case of loss on his basis the duplicate can be issued). Subsequently the contract can be changed or terminated - it is desirable at the same notary.

the Marriage contract loses force

However, not any distribution of material benefits can be recorded in the marriage contract. The law says:“ The marriage contract does not may contain conditions which put one of spouses in extremely adverse position“ (item 3 of the Art. 42 RF IC)“. Therefore the principle “to you - everything, and me - nothing“ can be observed neither from altruistic motives, nor from desire to make secure on a case of possible discrepancies with the law and risk of confiscation.

the persons which are just gathering in the REGISTRY OFFICE can Make the marriage contract also. This document according to item 1 of the Art. of 41 RF IC “: comes into force from the date of the state registration of a marriage“. But the signed contract is invalid for continuing to live in a civil marriage even if they in common conduct economy and raise the general children: in a property status similar alliances have no legal status.

Theoretically, the marriage contract provided during the transaction instead of permission to alienation of the apartment not always absolutely guarantees lack of claims from the spouse. Therefore everything will be quieter if after drawing up the contract in which the legal regime of property is reflected in housing the husband and the wife for his registration address to territorial authority of the Federal Registration Service.

If under the marriage contract of alienation of property did not occur, on old contracts of property for real estate the mark about the conclusion of the marriage contract regulating other order of the rights becomes.


If in the marriage contract between spouses redistribute the property rights to real estate (for example, one gives to another the rights for the property acquired before marriage), it actually becomes the transaction on alienation of real estate. For it the standard package of documents gathers, the previous contracts on property remain in affairs of the notary, and the new (marriage) contract made by it acquires the status of the title document after the state registration of transition of the rights.

the Loving parents usually want

in favor of the third party and sometimes can make happy the child with a gift in the form of a living space. But the child, for example, is married to the person who is not causing in them neither sympathy, nor trust. If just to give to the son of money for purchase of housing, the daughter-in-law who did not have to the yard automatically will acquire for it the rights, equal with the husband. It is possible to acquire real estate on the name, then once again to collect documents and to issue donative on the son (but it both temporary, and material inputs). And it is possible to act simpler - at once to issue the contract of purchase “in favor of the third party“. For this purpose both the son, and parents (or one of them, having issued a consent of another) are in a notariate and sign the contract according to which mother (or the father) buys the apartment on the means, but addressed to the son. That becomes an owner - the homeowner. At the same time the rights for the apartment are considered as donated to it (money - that is paid parental). So, at so, alas, a frequent case of disposal of youth of conjugal ties, the “doubtful“ daughter-in-law will not have the rights for this living space as on in common acquired.

However, we will not be about sad. We wish all love and long years of family happiness! However that - that, and legal literacy never hindered to happiness.