My husband left us in January 2011, the divorce occurred in April 2012, we jointly owned a car, which he sold in November 2011, I did not give written consent to the disposal of our joint property. Is the car a disputed property? The money from the sale remained with the husband, although he says that he used it for the needs of the family.
Tatyana, Dnepropetrovsk
Lawyer: Sergey Profir
online now
Good afternoon.
The car, of course, is joint property and is subject to division. The written consent of the second spouse for the sale of the car is not required. When selling a car, it is assumed that the consent of the second spouse is there. However, since he left the family in January 2011, and sold the car in November 2011, you have the right to demand compensation from him for the sale of the car in the amount of 1/2 of the cost of the car. To do this, you will need to file a claim in court for the division of jointly acquired property. In court you will need to prove that since January 2011 your family relationships actually stopped, accordingly, when he sold the car in November, he disposed of it without your consent. Thus, after the sale, he could not spend the money on the needs of the family, since the family relationship ended in January. therefore, under such circumstances, you have a chance to recover half the cost of the car from your spouse.
Sincerely, Sergey.
My wife is selling a car without my consent
Hello! A year ago, we bought a car with common money for 250 rubles, registered it in the name of our spouse (there is no marriage contract). The other day I found out that the car was sold under a sales contract for 60 thousand rubles (excellent condition, commercial price ~250 thousand rubles). I understand that the benefit from the sale is 200 thousand rubles, but my wife does not explain anything and in response to my indignation she replies that she will give me half of the sale (30 thousand rubles). Tell me how to return the situation to a fair solution?! Thank you.
Best regards, Sergey
Sergey, Khabarovsk
What to do if the husband sold the car without his wife’s consent. Judicial practice
Lawyer: Nadezhda Frolova
online now
Hello Sergey!
IN judicial procedure demand that the transaction be declared invalid, in accordance with Article 35 of the RF IC:
1. Possession, use and disposal of the common property of spouses is carried out by mutual consent of the spouses.
2. When one of the spouses makes a transaction on the disposal of the common property of the spouses supposed, that he acts with the consent of the other spouse.
A transaction made by one of the spouses to dispose of the common property of the spouses may be declared invalid by the court on the grounds of lack of consent of the other spouse only at his request and only in cases where it is proven that the other party to the transaction knew or should have known about the disagreement of the other spouse to complete this transaction.
3. In order 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, it is necessary to obtain the notarized consent of the other spouse.
The spouse, whose notarized consent to carry out the said transaction was not received, has the right to demand that the transaction be declared invalid in court within a year from the day when he learned or should have learned about the completion of this transaction.
Sincerely, Nadezhda.
How can I recover 1/2 of the car sold without my knowledge from my ex-husband?
My husband and I divorced on September 26, 2017, he still had the car. In April of this year, I filed for division of the car, but at the preliminary hearing, the husband stated that he sold the car before the divorce. But I found out about the sale in March of this year, since he drove the car until March 6 of this year. Tell me what to do?
Elena, Belogorsk
What to do if the husband sold the car without his wife’s consent. Judicial practice
Lawyer: Vladimir Krasnikov
online now
Elena, hello!
Property acquired by one of the spouses during the marriage, regardless of whose name it was acquired in, is joint (Article 34 of the Family Code of the Russian Federation).
To dispose of property acquired during marriage, it is necessary to obtain the notarial consent of the other spouse.
In the absence of such consent, the transaction for the alienation of this property may be declared invalid at the claim of the spouse, whose notarial consent has not been received (Clause 3 of Article 35 of the RF IC).
The above rule of law is aimed at determining the legal regime for the disposal of property acquired by spouses during marriage (“Review of the judicial practice of the Supreme Court Russian Federation N 3 (2016)" (approved by the Presidium of the Supreme Court of the Russian Federation on October 19, 2016)
This obligation, in addition to the listed rules of law, follows from clause 2 of Article 253 of the Civil Code of the Russian Federation, namely:
The disposal of jointly owned property is carried out by the consent of all participants, which is assumed regardless of which of the participants makes the transaction to dispose of the property.
In case of disposal of property acquired by one of the spouses during the marriage, the notarial consent of the other spouse confirms that an agreement has been reached between them.
If such an agreement is not reached, then the spouses need to determine the shares in this property by agreement or in court. After determining the shares, the property will become shared ownership and the spouse’s notarial consent to the alienation of property will not be required. At the same time, it will be possible to dispose of your share in compliance with the rules of the pre-emptive right of purchase (Article 250 of the Civil Code of the Russian Federation) and such transactions are subject to notarization.
Elena, if you have any questions, ask, I will be happy to answer. You can also write to me in the chat and order a personal consultation or preparation of a document on your question. All the best!
Divorce is not only extremely stressful for married couple, but also the need to divide common property. If the husband plans to sell the car, then you need to understand what legal consequences this transaction entails and how to subsequently divide the income. The husband must remember that a car purchased during marriage is not only his property, but also the property of his wife.
What does the law say?
According to the legislation of the Russian Federation, jointly acquired property is property acquired by spouses using funds from the family budget. It does not matter which spouse is the documented owner of the car and with whose money it was purchased. Accordingly, if a car is sold, then the second spouse also has the right to part of the income from its sale.
The Civil Code contains a legal provision that states that when dividing acquired property during a divorce, each party has the right to half of the property. This rule cannot be applied if there is an agreement between spouses marriage contract, which sets out other conditions for the division of joint property.
A car purchased before marriage is considered the personal property of the owner. In this case, if the husband sold the car before the divorce, then he may not share the money from the sale with his wife.
Married couples in civil marriage, during a divorce, they do not have the right to division of property. The property remains with the owner according to the documents. You can, of course, try to prove the fact of joint ownership through the court, but such processes take a lot of time and require documentary evidence.
What to do if your husband sold the car?
If the husband sold the car without waiting for the divorce decree and refuses to pay half of the money he received from the sale of the joint property, then the wife needs to go to court.
First of all, the wife needs to draw up statement of claim about claiming compensation. It would be a good idea to consult with a lawyer about how to properly file a claim.
The spouse must prepare and attach to the claim documents confirming that the car is joint property. In the case of a vehicle, this could be a purchase agreement, an insurance policy, or any other document of title. If the spouse has the documents and he refuses to provide them, then you need to request duplicates from the relevant authorities.
If it is not possible to collect documents, there is another way. The spouse has the right to file a claim based on the fact of a gross violation of her property rights. A husband, by selling a car without obtaining the consent of his wife, undoubtedly violates her legal rights to joint property.
You must also provide the court with:
Applications of this kind are usually considered by the court at the defendant’s place of residence. There is no point in delaying the application - it is advisable to do this within a year, because it will be problematic to receive compensation later.
Some nuances
According to the current laws of the Russian Federation, in cases of alienation by one of the spouses of any valuable real estate that was acquired during marriage, the consent of the second spouse must be obtained. The consent of the second party is confirmed by a notary. But if the notary formalized the transaction, ignoring the lack of consent of the spouse, you can safely file a complaint with the court about the unlawful actions of the notary.
As shown judicial practice, during a divorce, spouses usually fail to come to an understanding. The division of rights to property can provoke conflicts and the emergence of controversial situations. This process may also be aggravated by illegal actions of one of the parties.
The Civil Code (Article 166) states that any transaction, including the sale of common property, can be declared invalid only in court. If the property rights of one of the spouses are violated, he can file a claim in court. If the court's decision is positive in accordance with paragraph 2 of Art. 166 of the Civil Code, the losing party will be obliged to return all funds received from the sale.
IN modern world Most families have at least one car. Buying and selling a car have become familiar types of transactions for many people.
However, the question often arises whether it is possible to sell a car without the consent of the spouse. And also what documents are required to complete such transactions.
The purchase and sale of cars are transactions that require mandatory registration of the transfer of ownership. Therefore, it is important to know the established procedure for completing a transaction.
The purchased car is usually registered for one person. Although, based on the Family Code, a car purchased during marriage, as well as other property, is considered joint property.
When registering ownership of motor vehicles, the existing shares of the spouses are not documented. But they are implied, since in the event of any property dispute, the court will establish equal rights.
An exception to this rule can only be a drawn up marriage contract, which may provide for a different distribution of the rights of each spouse to property.
If it is available, a car purchased during marriage can be considered the property of only one spouse.
Thus, if a car is considered the joint property of spouses, then the provisions of Article 35 of the RF IC apply to it.
Article 35 of the RF IC contains the following points:
Based on this article of the Family Code, it turns out that a jointly owned car can only be sold with the consent of both spouses.
But in order to find out whether a spouse’s consent is required for a certain transaction with a car, it is important to know in what cases this car will be considered common. Article 34 of the same code gives a specific concept of joint ownership.
According to it, the following is recognized as such:
Therefore, if the question arises whether a husband can sell a car purchased during marriage without the consent of his wife, then he must understand that such a transaction may subsequently be challenged by her.
From general rule, by which joint ownership of property is determined, there are some exceptions. Article 36 clearly defines certain types of conditions under which the property received will be considered the property of only one person.
Such circumstances include the following:
- acquisition of property before entering into official marriage;
- receiving property under a gift agreement;
- receiving property by inheritance, regardless of whether it was received by law or by will;
- obtaining property rights for other types of gratuitous transactions, the commission of which did not expend funds from the family budget.
All these conditions enable a person to sell a car without the consent of the second spouse, if he is the owner.
Exceptions
Guided by the basic rules for determining joint property, spouses can easily find the answer to the question of whether it is possible to sell a car during marriage without the wife’s consent.
But besides this, it is important to know some exceptions to the basic rules. These include:
- the presence of a marriage contract, and it can be concluded during any period of a joint marriage, as well as immediately before it;
- significant improvement of the car using the family budget.
These are 2 main exceptions in which the rules for determining joint rights to property may not apply.
This document is a voluntary agreement of both spouses regarding their property rights and obligations to each other.
Based on such an agreement, the husband and wife can determine any property rights and the procedure for using the property. However, these agreements may not fully comply with the rights provided for by law.
However, it is not allowed to draw up an agreement in which the rights of one citizen will be completely infringed. In this case, such a contract may be declared invalid.
All marriage contracts registered and certified by a notary. When signing this agreement, the notary is obliged to explain the rights and obligations of each spouse that will arise after signing this agreement.
If such an agreement is in place, the following options for owning a family car may be provided:
In any case, when the agreement provides for a certain division of the car or all property, you must be guided by its provisions.
If this condition is not regulated by the agreement, then the rules established by law must be applied.
As practice shows, a car is a property that loses its value every year. This is due to its depreciation, kilometers traveled, as well as annual innovations in the automotive industry.
Thus, a car purchased even 5 years ago may differ significantly from the exact same brand of car produced today.
But cars are also highly susceptible to various damages due to road traffic accidents. After a serious accident, a car can lose half or even more of its value.
But after the repairs have been made, it can be sold for much more than what the car was worth after the accident.
Thus, if one spouse owned a personal car that was in poor condition before marriage, and then it was repaired during the marriage, resulting in a significant increase in its value, the other spouse can claim a share of the title to that car.
If the car is sold in this case, the spouse who had the right but did not give his consent can do the following:
Often such disputes arise when spouses are in divorce proceedings and begin to divide joint property. Because in other cases, when they live peacefully with each other, there is no point in dividing common property.
What to do if, after a divorce, the husband sold the car without his wife’s consent? This question comes up quite often in practice. Spouses do not always file a demand for division of joint property along with a demand to dissolve a registered marriage.
There are several options here:
If a car, which is the joint property of the spouses, was sold within 3 years without the consent of the wife during a divorce, then she has the right to file a claim for the division of this property and challenge the transaction.
If this deadline is missed, she will not be able to file such a claim.
If by agreement or court decision it is decided that the car remains the property of the husband, then he will not need the consent of the ex-wife when selling.
If the ownership of the car remains in a certain share with the wife, then her consent to the sale will be mandatory.
Knowing the legislation, the question also arises: is the spouse’s consent really needed to sell a car in 2020? To do this, you need to know the mandatory list of documents for registering ownership of a car with the traffic police.
These include the following:
This year the fee is set at 2850 rubles. If you pay for it through the State Services portal, you will be given a discount of 30% of the indicated cost.
When registering a vehicle, the presence of the car seller is not required. As can be seen from the above list, the consent of the owner’s spouse is not required to register a car.
That is, in fact, this transaction can be carried out without this document. But the seller and buyer should know that if such a document is not in the buyer’s hands, then this transaction is contested.
And accordingly, in the event of a court decision to invalidate it, it will be enough for the second spouse to appear with this decision at the traffic police. And on the basis of this, the registration of rights will be cancelled.
In this case, the greatest risk is for the buyer, since traffic police officers or bailiffs have the right to take the car from him.
But collecting money from the seller can be much more difficult if he has already spent it. In this case, you will have to file a lawsuit in order to open enforcement proceedings.
And only then will the bailiffs be able to recover funds from the buyer if the seller himself does not want to voluntarily return them.
This scheme is often used by scammers. Therefore, you need to be very careful when buying a car.
The simplest solution to verify the legality of a transaction is to have it certified by a notary. This service will not be very expensive, but the notary will check all the main reasons why the transaction can be challenged.
In this case, a requirement for the consent of the spouse will be required, as this is provided for by law. And then the buyer and the seller himself will be confident in the legality and indisputability of the transaction made between them.
Citizens are often interested in the question of whether a spouse can sell a car to his wife. Obviously, the owner of the vehicle has the right to sell or donate his car to one of his close relatives, including his wife. The need to re-register a car to your wife may arise for the following reasons::
- A woman, under certain circumstances, is provided with benefits for transport tax. In this case, the tax amount may either be significantly reduced or not collected at all.
- There is a risk that the car may be confiscated for the husband's debt obligations. If you re-register the car to your wife in time, the movable property can be kept in the family.
- During the long absence of the husband, the wife should have the right to dispose of the car.
- If re-registering the car to your wife will reduce the cost of insurance.
According to the Family Code, both spouses have equal rights to all jointly acquired property. However, the vehicle belongs to the category of property that is not subject to division.
A car can only have one legal owner, who, in the event of a divorce, pays half of the cost to the other spouse.
We talked in detail about how to divide a car after a divorce.
It is impossible to sell or donate a vehicle if:
- the car is stolen;
- is collateral for the loan;
- the car was seized by a court decision;
- one of the spouses is incapacitated.
There are several ways to make your wife the owner of a vehicle:
- conclude a marriage contract, according to which the spouse becomes the owner of the car;
- complete a purchase and sale transaction;
- donate a car by issuing a deed of gift.
Drawing up a gift agreement
The gift agreement should not indicate the provision of any funds or services to the donor in exchange for the vehicle. Otherwise, the deal may be cancelled.
It should be noted that after registration of the deed of gift, the car completely becomes the property of the wife and, in the event of a divorce, she will not pay her husband half the cost of the car.
Can a spouse transfer a car to his wife under a purchase agreement?
A man can sell a car to his wife without deregistration by concluding a purchase and sale transaction. You need to understand that, unlike a deed of gift, spouses will have equal rights to such property, even if the car was originally purchased by the husband before marriage.
Like the agreement may raise doubts among lawyers, since in fact, the car still remains in the family, and the transfer of money is most often formal. Such a deal can easily be challenged in court, so it is best to use this method when the spouses are confident that they will not change their decision in the future.
Procedure
So, let's consider in detail how to transfer a car to a spouse under a purchase and sale agreement.
Selling a car to a spouse involves a number of steps:
The direction of proof is as follows: The Plenum of the Supreme Court explained that if property was received, even during a legal marriage, but with separate wallets of the spouses (they lived separately), then the property must be divided anyway, although not in kind, at least in monetary terms. Appraise the car and collect half the cost from the husband. Not all citizens know about this anymore.
Do you need your spouse's consent to sell a car: find out in advance
If there is no agreement, then one of the spouses has every right to demand termination of the transaction in court, in accordance with paragraph 2 of Art. 35. SKRF. In this case, the plaintiff will need to prove that the defendant KNEW OR SHOULD HAVE KNOWN about the plaintiff’s disagreement with the transaction. Note the highlighted key wording.
Is it possible to sell a car without my wife's consent?
The portal bukva-zakona.com draws your attention to the fact that the husband’s attempts to appeal to the court with the fact that it was he who brought the main income to the family will not bring any results. Whether the wife had her own sources of income or not is not important - everything acquired during the marriage is considered common and it does not matter who was the basis material well-being in the family.
Selling a car without wife's consent
A transaction made by one of the spouses to dispose of the common property of the spouses may be declared invalid by the court due to the lack of consent of the other spouse only at his request and only in cases where it is proven that the other party to the transaction knew or obviously should have was aware of the other spouse’s disagreement with this transaction.
I don't believe this is true
Where did I justify my husband? I wrote that both are to blame. He cannot leave an unloved woman. She has been blaming his spitting attitude for years. It’s just convenient for you to blame only men. And I know from my own experience that both are to blame. There is no point in allowing such an attitude towards yourself .The author saw all the calls for a long time, but pretended that she didn’t know. If my husband didn’t want me all the time, I would have talked and left. Why should I live with a person who doesn’t love? Whom I’m not attracted to? But the author lived and she was happy with it.
My husband sold his car before the divorce
If the wife did not give her permission and did not receive compensation from the sale of acquired property, a car, then her rights were violated. To restore equality between partners in marriage, the spouse has the right to go to court. This can be done both before the actual divorce and after. The main thing is to meet the deadline of one year from the date of alienation of the car through a transaction.
It would be better then to ask that the car be recognized as your property and to deviate from the equality of shares, freeing you from paying compensation to your spouse. It is fashionable to motivate by the fact that you use the car to take your child to kindergarten, to the doctor, to the country house, payment of compensation will put you in a difficult financial situation, which will naturally affect the child (you must provide evidence that this will affect, for example, collect all expenses for the child and explain that you will not be able to bear them - payment for a private kindergarten, nanny, medicine, paid medical care). But I very much doubt that they will satisfy, although of course it is difficult to express an opinion in absentia, without seeing the documents and without knowing the arguments of the other side.
Without the knowledge of his wife, he sold the jointly acquired property
Thus, you need to decide on the price of the claim, that is, the value of the property for which you are claiming or the compensation for which you are claiming. Moreover, if the cost of the claim exceeds 50,000 rubles, you should contact district court at the place of residence of the defendant, if less - to the magistrate.
My husband sold the car without my consent
Yes, even take a larger nail and make a deep trace along the entire new car, so it ends up being repaired, at least for revenge, painting is the most expensive thing to repair. Well, or use a small can of auto paint and paint on it. Just make sure that there is no DVR in the car and the car is not under cameras, for example, next to a bank or an entrance camera.
What to do if your husband sold his car before the divorce?
According to the law, agreements that alienate valuable joint property of spouses must be carried out with the notarized consent of the other party. If this kind of transaction took place and the notary turned a blind eye to the woman’s lack of approval, then you can immediately prepare a parallel lawsuit against the notary’s actions.
What to do if the husband sold the car after the divorce without his wife’s consent
In practice, there are rarely cases when a peaceful settlement occurs, so you will have to draw up a new application to the courts at the place of registration of the ex-spouse. It must be sent within a year from the date of conclusion of the contract for the sale of the car.
If the husband sold a car purchased during marriage without the consent of his wife
After the wedding, the question of real estate arose, so Roma sold his pre-marital Voronezh two-room apartment and bought a one-room apartment in Zvenigorod, near Moscow. Formally, the apartment was purchased during marriage, although it was purchased with money from the sale of the husband’s property. Therefore, the apartment became common property.
Husband sold car without wife's consent
Moreover, consultations with our lawyers are absolutely free. This operator ensures that the argument is not present in the document. Not all men, by the way, covet youth. By the age of twelve, a boy should have mastered unarmed fighting techniques, in modern terms - throwing and striking techniques.
Consequences of selling a car without husband's consent
Part 3 Art. 65 of the Family Code of Ukraine provides that for one of the spouses to conclude contracts requiring notarization and (or) state registration, as well as contracts regarding valuable property, the consent of the second spouse must be submitted in writing. Consent to conclude an agreement that requires notarization and (or) state registration must be notarized.
If the car is sold without the wife's consent
2). In fact, they paid, say, 1,000,000 rubles from the family budget for the car, but since the husband was in charge of all purchase and registration matters, there is a possibility that the purchase and sale agreement indicated a much lower value (in order to understate the tax). The wife does not have a copy of the agreement.
