Notarized consent of the spouse to purchase real estate with a mortgage: sample document, whether it is necessary to draw up for the sale of an apartment if there is only one owner, how much it costs to draw up, and whether the wife can take

Do you need your spouse's consent to pledge an apartment?

The spouse’s consent to pledge the apartment is not required if the housing was purchased before the formalization of the relationship or was inherited, or donated by relatives, and so on.
A notarized consent will be required if the property is jointly owned. In this case, it does not matter which share belongs to whom. Despite the fact that this law is interpreted ambiguously, we recommend that you draw up this document.
If we are talking about mortgaging a spouse’s apartment, then not only consent will be required, but also a notarized general power of attorney to carry out the procedure. It will be required if the housing is registered in the name of the second spouse and does not belong to the borrower.

Notarized consent of the spouse to pledge real estate

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Consent of the spouse to pledge real estate (mortgage)

Review of judicial practice of applying the provisions of the law on the need to obtain the consent of the spouse to transfer property as collateral
When establishing and registering a mortgage by force of law on a land plot acquired in the name of one of the spouses, preliminary allocation in kind of a land plot from common joint property is not required; provision of notarized consent The defendant's spouse for the acquisition of a land plot is not provided for by law:

The panel of judges considers the court's conclusions with reference to Art. 35 RF IC, art. Art. 164, 131 of the Civil Code of the Russian Federation that the provision of a notarized consent of the defendant’s spouse for the acquisition of a land plot is not provided for by law, since in this case state registration of the transaction is not required. (Cassation ruling of the Astrakhan Regional Court dated January 12, 2011, in case No. 33-93/2011)

The obligation to prove that the counterparty knew about the other spouse’s disagreement with the transaction, based on the general rule of distribution of responsibilities for proof, rests with the spouse making a request to recognize this transaction as invalid:

The decision of the district court left D.G.’s claims unsatisfied. on recognizing the pledge agreement as invalid and applying the consequences of the invalidity of a void transaction.

Appealing the court's decision in this case, D.G. referred to the fact that, when concluding the mortgage agreement, D.N. was married to her, thereby making a transaction to dispose of their common property, but she did not give consent to this transaction, did not know and could not know about the completion of this transaction. In addition, she believed that when concluding a deal with D.N. the bank did not take all necessary measures to establish the marital status of the guarantor, which led to a violation of her rights.

Leaving the court's decision unchanged, the city court indicated that the obligation to prove that the counterparty knew about the other spouse's disagreement with the transaction, based on the general rule of distribution of responsibilities for proof, rests with the spouse filing a claim to recognize this transaction as invalid. In this case, the plaintiff must provide evidence not only that he did not agree to the disposal of the property, but also that the other party knew or should have known about this circumstance.

In refusing to satisfy the claims, the court, taking into account the evidence presented during the resolution of the dispute, reasonably proceeded from the plaintiff’s failure to prove the fact that the other party to the mortgage agreement (mortgage of real estate) knew or obviously should have known about the disagreement of D.N.’s wife. — D.G. to complete this transaction. (Cassation ruling of the St. Petersburg City Court dated April 18, 2011 N 33-4804/11)

In case of a mortgage, by force of law, the consent of the spouse to pledge the property acquired with borrowed funds is not required:

The bank filed a lawsuit against A., S. for termination of the loan agreement, collection of debt under the loan agreement, foreclosure on the mortgaged property - an apartment. In support of the claim, he indicated that a loan agreement was concluded between the plaintiff and the defendants, according to which the plaintiff provided the defendants with a loan for the intended use: acquisition, repair and improvement. The fulfillment of the defendants' obligations under the loan agreement was ensured by the mortgage of the residential premises at the specified address by force of law. The defendants are fulfilling their loan repayment obligations improperly.

By the decision of the city court, the Bank's claims were partially satisfied, the loan agreement was terminated, the amount of debt on the loan was collected from A., and the mortgaged property was foreclosed on.

The decision was upheld by the regional court, which stated the following.

S.’s argument that in accordance with paragraph 3 of Art. 6, art. 7 of the Federal Law “On Mortgage (Pledge of Real Estate)”, she should have been asked for consent to mortgage the apartment, which is common marital property, is erroneous. Obtaining consent to transfer property under a mortgage and to foreclose on it is provided for by law in the case of a pledge of property that was not acquired with borrowed funds provided by the creditor. In case of a mortgage by force of law, which took place in the situation under consideration, the consent of the spouse to pledge the property acquired with borrowed funds is not required.

Thus, the mortgage under the loan agreement in question arose by force of law; the conclusion of a separate mortgage agreement in this regard is not required. The subject of the mortgage is specified in clause 1.3 of the loan agreement; the amount and deadline for fulfilling the loan obligation secured by the mortgage are also contained in the loan agreement. The terms of the apartment mortgage are also contained in the purchase and sale agreement. (Decision of the Moscow Regional Court dated October 28, 2010 in case No. 33-10748)

Article 7 of the Federal Law “On Mortgage” applies to both mortgage by force of law and mortgage by force of contract - on property that is in common joint ownership, a mortgage can be established with the consent of all owners. There is no written (notarial) consent of the spouse - the mortgage agreement included in the loan agreement does not comply with the requirements of the law:

Collect from R.V. in favor of the Bank, loan debt, expenses for paying state duty. In the bank's lawsuit against R.V., R.S. refuse to foreclose on the mortgaged apartment. Counterclaim by R.S. to the bank, R.V. on the invalidation of the mortgage loan agreement and the mortgage on the apartment to be partially satisfied. Recognize the Loan Agreement (in the case of a mortgage by force of law), concluded on June 26, 2006 between the bank and R.V., invalid in terms of the agreement on the mortgage of the apartment, and also invalidate the mortgage issued on July 3, 2006 by the mortgagor of R.V. to the mortgagee bank, with the cancellation of the registration record of the mortgage in the Unified State Register for real estate and transactions with it with the cancellation of the mortgage. The rest of the counterclaims to declare the Loan Agreement invalid shall be rejected.

The cassation court upheld the decision, stating the following.

According to Art. 7 of the Federal Law “On Mortgages” on property that is in common joint ownership, a mortgage can be established if there is consent of all owners. Consent must be given in writing, unless federal law provides otherwise.

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Leave a request. Fill out the form on the website and our specialist will contact you. Be prepared to provide copies, scans or photos of documents.

Meeting at the office. If the application is approved, you must go to the office with the original documents to resolve issues regarding the collection of remaining documents, the loan amount, conditions and date of signing the agreement.

Registration of the agreement. On the appointed day, the contract is signed in our office or at the Rosreestr branch, and submitted along with all documents for state registration.

Receiving funds. After completing registration, you receive the entire loan amount in cash or to a bank account. It is possible to pay an advance before registration, if necessary.

Do you need your spouse's consent to pledge real estate?

If only one of the spouses wants to take out a mortgage, the bank will require the consent of the other, certified by a notary. This document will confirm the official status of the transaction and the absence of conflict situations in the family (for example, that the spouse taking out the mortgage is hiding savings). Consent also serves as an additional guarantee that the loan will be repaid. If the debtor is insolvent, contributions will be required from the spouse who agreed to the mortgage.

Spouse's consent to pledge property

In what form should the spouse’s consent to pledge property (mortgage) be provided for state registration under a loan agreement?

Notarial consent must be in accordance with Art. 35 IC RF. Article 35. Possession, use and disposal of the common property of spouses [Family Code of the Russian Federation] [Chapter 7] [Article 35] 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 to dispose of the spouses’ common property, it is assumed that he is acting 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.

Permission to complete a transaction is issued in a notarized written form. Art. 35 of the RF IC states: “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.”

Dear Elizabeth! According to Art. 7 of the Federal Law “On Mortgages” on property that is in common joint ownership, a mortgage can be established if there is consent of all owners. Consent must be given in writing, unless federal law provides otherwise. Article 35, paragraph 3 of the RF IC requires obtaining a notarized consent of the other spouse for one of the spouses to carry out transactions in the following three cases: a) when making a transaction to dispose of real estate; b) when making a transaction that requires notarization, and (or) c) when making a transaction for which mandatory state registration is provided. https://logos-pravo.ru/page.php?id=809

Any transactions (alienation) of real estate acquired by spouses during marriage and which is the common joint property of the spouses are concluded with the consent of the spouse of the owner (seller, donor) of the real estate to the alienation (sale, gift, exchange) of this property. In accordance with Art. 35 of the Family Code, such consent must be notarized.

Hello. Contact any notary, explain why you need your spouse’s consent, the notary will do everything, Article 35 of the Family Code of the Russian Federation

In what form to submit for state registration the spouse’s consent to pledge property (mortgage) under a loan agreement - I want to warn you right away. that you are exchanging an awl for soap. those. the housing in which you live and which is your right of ownership, the mythical housing that you may never acquire ownership of.

[/u] look for questions on collateral and read how many citizens have done such a stupid thing and lost everything.
They remained homeless and on the street. Any real estate can be registered as collateral to secure the fulfillment of any obligation, including under a loan agreement or credit agreement - this is a mortgage (Article 1, 2 of the Law of July 16, 1998 N 102-FZ “On Mortgage (Pledge of Real Estate)”). As is known from Art. 446 of the Code of Civil Procedure of the Russian Federation, foreclosure may not be applied to the only housing.
[u]except for collateral property . Mortgage collateral is excluded from executive immunity. THINK and make no mistake. if tomorrow is sick. or job loss. -how will you pay the mortgage loan? and the bank will take your apartment and you won’t get a mortgage. And get the notarized consent from a notary.

In notarial form (Article 35 of the RF IC). Think about what awaits you if you fail to repay the loan: your apartment will be taken away.

Art. 35 of the RF IC there must be consent certified by a notary.

Hello, Elizaveta. In general, the spouse’s consent to PURCHASE real estate from us in Russia is not required, because Any property acquired during marriage is in any case jointly acquired. If you purchase an apartment with a mortgage, the Bank can involve you as a guarantor, a co-borrower, or, if there is a marriage contract, then the property is registered as the property of one of the spouses (namely, the borrower). If the Bank requires your consent to purchase real estate under a mortgage, then any notary has a form for such consent. Contact a notary in your city. Sincerely.

Is the consent of a spouse required to pledge real estate to a legal entity to secure the fulfillment of obligations under a supply agreement?

The encumbrance can and will be registered by Rosreestr. But if this is jointly acquired property, within the meaning of Art. 34, art. 38 of the RF IC, such an agreement may subsequently be challenged by the spouse. To help you formalize everything legally correctly, you need to see the contract itself and know more circumstances. Sincerely, Lawyer - Stepanov Vadim Igorevich.

How to correctly write a spouse’s consent to pledge the property being purchased requires a sample.

The notary has all the samples.

For how long is the consent of the spouse (notarized) given when pledging property to obtain a loan from a bank valid?

The consent is valid at the specific moment of a specific transaction, unless otherwise specified in the notarized content of the consent itself.

Notarized consent of the spouse to pledge real estate sample

This consent to pledge the property is drawn up and signed in two copies, one of which remains in the files of the notary office of the Central Notary District, postal address: city. Moscow, st. Important: Notarized consent of the spouse to purchase an apartment with a mortgage. Buying an apartment with a mortgage on credit is a fairly responsible procedure that involves collecting a large number of necessary documents. For married couples, one of the main ones is the consent of the spouse if the loan is issued to the husband. Often the wife is additionally asked to become a co-borrower.

Spouse's consent to purchase real estate

But if you buy real estate using credit funds and register an encumbrance (pledge) of this real estate in favor of the lender, then the notarized consent of the spouse for the purchase and pledge (encumbrance in favor of the bank, individual or legal entity that issued the funds) is required!

Federal Law-102 “On Mortgage” Article 7. Mortgage of property in common ownership 1. On property in common joint ownership (without determining the share of each owner in the right of ownership), a mortgage can be established with the consent of all owners. . Consent must be given in writing, unless federal law provides otherwise. 2. A participant in common shared ownership may pledge his share in the right to common property without the consent of other owners. If, at the request of the mortgagee, foreclosure is applied to this share upon its sale, the rules of Articles 250 and 255 of the Civil Code of the Russian Federation on the pre-emptive right of purchase belonging to the remaining owners and on foreclosure on a share in the right of common ownership are applied, with the exception of cases of foreclosure on a share in the right of ownership of the common property of a residential building (Article 290 of the Civil Code of the Russian Federation) in connection with the foreclosure of an apartment in this building.

06 Aug 2020 consurist 288

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Sample of a notarial consent of a spouse for the purchase of an apartment with a mortgage

There is no strictly mandatory form of notarial consent of a spouse to purchase an apartment on a mortgage, however, based on established practice, in almost all cases they use approximately the following type of document:

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I give my consent to my wife, Elena Vyacheslavovna Kasatkina, to pledge to OJSC KB "Center-invest" a VAZ2115 car, category B, identification No. _______ XTA, year of manufacture 2004, engine No. 7777777, body No. 3333333, registration certificate - ____________, registration number -____________, vehicle passport 77 KT 777777, on terms and conditions at your own discretion. Contents of Art. 33-36 of the RF IC, 253.256 of the RF Civil Code were explained to me by the acting notary. I have no material or other claims against my wife.

For certain types of collateral (Articles 357 - 358.17 of the Civil Code of the Russian Federation), general provisions on collateral apply, unless otherwise provided by the rules of the Civil Code on these types of collateral. The rules of the Civil Code on real rights are applied to the pledge of real estate (mortgage), and to the extent not regulated by these rules and the law on mortgage, the general provisions on pledge.

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Do you need your spouse's consent to purchase real estate in 2020?

On the one hand, paragraph 2 of Article 35 provides that when a husband or wife disposes of property acquired during marriage, the consent of the other half is assumed by default. From which it follows that the buyer is not obliged to provide either the seller or the registration authority with any document confirming the approval of the transaction. On the other hand, the next paragraph of the same article contradicts paragraph 2 and obliges the buyer to provide written consent in the case of real estate transactions that require registration with authorized bodies or notarization.

We recommend reading: How to sell an apartment with a minor owner

If the applying citizen has submitted for certification his sample of the spouse’s consent to purchase real estate, then the notary has the right to refuse to certify this document only if its contents contradict or violate current legislation.

Consent to pledge property

Sample consent to pledge property

Consent to pledge property

City of Moscow, Russian Federation Twenty-ninth June two thousand ___________

I, gr. PIKOV ALEXANDER DMITRIEVICH, born November 11, 1961, place of birth - Moscow, citizen of the Russian Federation, gender male, passport 01 02 444888, issued by the Department of Internal Affairs of the Central District of the city. Moscow 01/11/2001, department code 222-002, registered: city. Moscow, st. Lenina, house No. 81, apt. 117, being the husband of Alena Vyacheslavovna Kasatkina, the marriage was registered on 02/07/1998 by the Central Department of the Civil Registry Office of the city. Moscow,

The text of the consent was read aloud to me by the acting notary and corresponds to my expression of will.

Moscow, Russian Federation, June twenty-ninth two thousand ____________________. This consent is certified by me, Elena Leonidovna Rusinova, acting notary of the Central Notarial District, Vera Petrovna Abramova, postal address: Moscow, st. Krasnaya, 1. The consent was signed by Alexander Dmitrievich Pikov with his own hand in my presence. The identity of the person who signed the document has been established. Legal capacity and marital relations have been verified.

Registered under register No. ____________

Charged according to tariff

AND ABOUT. NOTARY __________________ / _______________

Note : In the case of a notarial act being performed by a person replacing a temporarily absent notary, vested with the powers of a notary on the basis of Article 20 of the Fundamentals of the Legislation of the Russian Federation on Notaries, in the forms of notarial certificates and certification inscriptions on transactions and certified documents, the words “notary”, “notary” are replaced with the words “temporarily performing (acting) the duties of a notary" (indicating the last name, first name, patronymic of the notary and the name of the corresponding notarial district).

Buying an apartment with a mortgage (on credit) is a fairly responsible procedure that involves collecting a large number of necessary documents. For married couples, one of the main ones is the consent of the spouse (if the loan is issued to the husband). Often the wife is additionally asked to become a co-borrower. Let's look at this problem in more detail.

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