Is it necessary to provide the written consent of a spouse for state registration of a mortgage by force of law in the event of the acquisition of residential premises into joint ownership of spouses?

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, a preliminary allocation in kind of a land plot from common joint property is not required; the provision of a notarized consent of 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 stating 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, under 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 virtue of the 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:

The court ruled:

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.

Article 35, paragraph 3 of the RF IC requires obtaining a notarized consent of the other spouse for transactions by one of the spouses 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.

In accordance with Art. 10 Federal Law “On Mortgage” (clause 1), a mortgage agreement is concluded in writing and is subject to state registration; clause 3 of this norm establishes that when a mortgage agreement is included in a loan or other agreement containing an obligation secured by a mortgage, in relation to the form and state registration of this agreement must comply with the requirements established for a mortgage agreement.

According to Art. 20 clause 2 of the Federal Law “On Mortgages”, mortgages are subject to state registration by force of law.

In the cassation appeal, the plaintiff points out that no consent of the spouse is required, because a mortgage arises by force of law simultaneously with the registration of an apartment purchase and sale agreement, which in this case contained conditions for the purchase of an apartment taking into account borrowed funds.

However, this argument cannot serve as a basis for canceling the court decision, because contradicts the requirements of the Federal Law “On Mortgage” - its Art. 7, which relates to both a mortgage by force of law and a mortgage by virtue of an agreement, according to which a mortgage can be established on property that is in common joint ownership (without determining the share of each owner in the right of ownership) if there is consent to these are all owners. Consent must be given in writing, unless federal law provides otherwise. (Decision of the Moscow City Court dated July 15, 2010 in case No. 33-21179)

Return to review: Judicial practice of applying the law on mortgage (real estate pledge)

When real estate acquired during marriage is put up for sale, the notarized consent of the spouse is required. It doesn't matter who the owner is.

When purchasing living space with a mortgage, there are other requirements. In 2005, the mandatory notarization of mortgages was abolished.

But some banks put forward these requirements. Therefore, it is worth paying special attention to this point - it contains many nuances.

Features of obtaining a housing loan

When a financial institution requires consent for mortgage lending, this means that the final cost of the transaction will be higher.

Because you need not just a statement with a signature, but a notarized and correctly drawn up document.

In addition, this procedure creates some difficulties for the bank itself and the client. The consent itself has no legal force without certification.

Legislation

According to Article 35 of the RF IC, transactions requiring state registration must be notarized.

And in accordance with Article 20 of the Federal Law “On Mortgage”, a housing loan is precisely the procedure in which state registration is carried out, which means the consent of the spouse is required.

In addition, Article 7 of the Federal Law “On Mortgage” states that a loan for the purchase of real estate can be issued with the consent of all owners.

Requirements

If a mortgage transaction is being drawn up, the spouse's consent to the mortgage must be provided.

It should be:

• in a written form;
• must be certified by a notary.

In judicial practice, there are cases where a mortgage agreement was declared invalid due to lack of consent. At the same time, it is worth paying special attention if the apartment is not purchased, but sold.

After the court’s decision, the bank will have the right to terminate the contract and collect costs and commissions from the evader from the rules and laws.

Required documents

To apply for a home loan, a standard package of documents is required. If a husband and wife take out a mortgage, then the consent of the co-borrower spouse must also be included.

The following documents are required:

• passports of each spouse;
• certified copies of work records;
• 2-NDFL certificates;
• Marriage certificate;
• child's birth certificate (if available);
• certified consent of one of the spouses to complete the transaction.

Here is a sample of a 2-NDFL income certificate.

If at least 1 of the above documents is missing, then the financial institution has the right to refuse to consider the application.

Loan secured by a share of an apartment without consent: necessary documents

The potential borrower must provide the bank with:

• passport of a Russian citizen;
• certificate of official income (if necessary);
• a photocopy of the work record book, certified by a notary;
• military ID (if available).

The bank may expand the list of documents required to approve a loan application.

List of documents for pledging a share in an apartment:

• document on the ownership of this property;
• cadastral and technical passport of the share in the apartment;
• extract from the Unified State Register (USRN) (obtained at the MFC branch);
• conclusion on the assessment of the market value of real estate (issued by the lender’s specialists or independent appraisers).

Spouse's consent to mortgage

Almost all banks require a document confirming the spouse’s consent to a mortgage loan. And this is completely justified.

If there is no agreement, the transaction may be canceled by a court decision.

If necessary?

The consent of the spouse to enter into a loan for the purchase of real estate is necessary. Although this complicates the loan application procedure, banks still require this document.

Any type of home lending requires consent.

The entire procedure can cost quite a hefty sum – up to 2% of the cost of living space.

To conclude an agreement

Concluding a mortgage loan agreement is a transaction. Some banks take risks by issuing a loan to purchase a home without the consent of one of the spouses.

In the event of a controversial situation, the financial institution risks that the transaction will fall through.

But, if you look at it objectively, the worst thing will happen to the main borrower - the apartment will be taken away, the costs will have to be compensated, and the bank will have to pay penalties.

In this case, insurance will not cover anything.

For an apartment deposit

If the marriage is official, then any transactions with common property require the consent of one of the spouses, regardless of the share.

Consequently, when a loan is taken out on the security of an existing property, then, in addition to a notarized permission to mortgage the property, consent to the mortgage may also be required.

When the apartment being purchased is mortgaged, no additional agreement is required for this action; everything is spelled out in one.

For the military

A military mortgage differs from a regular one only in that this type of lending is supported by the state.

But the consent of the spouse is still required. If the marriage is official, then one of the couple will be a co-borrower.

Sample

The application is written strictly according to the sample.

The following information is required:

• Full name of the spouse - the main borrower and yours;
• what apartment the couple is going to buy - the exact address.

An important point: it must be indicated that consent is given to transfer the property as collateral to the bank, and the name of the financial organization should be indicated.

The number of the loan agreement and the date of conclusion are also indicated.

And there must be a phrase confirming permission to issue a mortgage loan.

Here you can get your spouse’s consent to conclude a mortgage agreement.

Notarization

Without notarization, this consent will be considered invalid. The bank can provide its own notary, but this does not happen everywhere. Therefore, it is worth finding a specialist in advance.

The notary indicates that the consent is certified.

Particular attention should be paid to the fact that information with the specialist’s license number must be present, and the city must also be indicated.

Is it possible to take without the participation of a husband or wife?

It is theoretically possible to take out a mortgage loan without the participation of a husband or wife if there is a prenuptial agreement. But serious difficulties may arise in the future.

In addition, sometimes lenders refuse to issue a loan, even to those who have an agreement. This is justified by the fact that in the event of a divorce, when dividing property, the judge may not take into account the fact that the mortgage was issued by 1 person without co-borrowers.

As a result, the apartment will be divided. The financial institution sees this as a risk of non-payment of the debt obligation.

Another way is to be not the main borrower, but a co-borrower. But in this case, the property will be registered in the name of another person. Therefore, if it is possible to sign an agreement, then it is better to do so.

There were cases when a loan was issued, but there was no agreement. As a result, one of the spouses filed claims against the bank.

And this is completely justified. After all, everything, including debts, that is acquired during marriage is joint property. During a divorce, they can divide the apartment, and, consequently, the mortgage.

If one of the spouses did not consent to the conclusion of the transaction and there is no prenuptial agreement, then the mortgage loan may be considered invalid.

Are there banks that provide loans without consent?

Today, financial organizations are trying to minimize risks. And if you approve a loan without the consent of one of the spouses, then everything may end in non-payment of part of the debt.

Therefore, even at high interest rates and with a down payment, such transactions are not concluded.

Video about the features of registering a mortgage loan

Consent to pledge property. By virtue of the pledge, the creditor under the obligation secured by the pledge (pledgee) has the right, in the event of non-fulfillment or improper performance by the debtor of this obligation, to receive satisfaction from the value of the pledged property (the subject of the pledge) preferentially before other creditors of the person who owns the pledged property (the pledgor). In cases and in the manner provided by law, the pledgee's demand may be satisfied by transferring the pledged item to the pledgee (retaining it with the pledgee).

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.

Unless otherwise follows from the essence of the pledge relationship, a creditor or other authorized person in whose interests a ban on the disposal of property was imposed (Article 174.1 of the Civil Code of the Russian Federation) has the rights and obligations of the pledgee in relation to this property from the moment the court decision, which requires such creditor or other authorized person has been satisfied. The order of satisfaction of these requirements is determined in accordance with the provisions of Article 342.1 of the Civil Code according to the date on which the corresponding prohibition is considered to have arisen.

Possession, use and disposal of the common property of the spouses is carried out by mutual consent of the spouses. In order for one of the spouses to complete a transaction to conclude a property pledge agreement that requires notarization and (or) registration in the manner prescribed by law, it is necessary to obtain a notarized consent to pledge the property.

A spouse whose notarized consent to pledge property has not been 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.

Each of the participants in joint ownership has the right to enter into transactions for the disposal of common property, unless otherwise follows from the agreement of all participants. A transaction related to the disposal of common property made by one of the participants in joint ownership may be declared invalid at the request of the remaining participants on the grounds that the participant who made the transaction does not have the necessary powers (for example, consent to pledge property) only if it is proven that the other the party to the transaction knew or should have known about it.

See other samples of notarial consents...

Preliminary agreement for the purchase and sale of an apartment under a Sberbank mortgage

The sample preliminary agreement for the purchase and sale of an apartment presented below was drawn up using the form of the Penza branch of Sberbank in 2011 and was not checked by lawyers of this institution. In this regard, I cannot guarantee you that everything that is presented here is quite competent from the point of view of bank specialists.

The parties agreed to consider the following conditions as essential terms of the Main Agreement: 2.1. By agreement of the Parties, the cost of the Apartment is 1,300,000 (One million three hundred thousand) rubles. 2.2. Payment by the Buyer of the cost of the Apartment under the Main Agreement is made in the following order: 2.2.1. Part of the cost of the Apartment in the amount of 370,000 (Three hundred seventy thousand) rubles is paid by the Buyer at his own expense on the date of conclusion of the Main Agreement. 2.2.2. Part of the cost of the Apartment in the amount of 900,000 (Nine hundred thousand) rubles is paid by the Buyer using credit funds received from Sberbank of Russia OJSC, additional office No. 8624/02 of the Penza branch No. 8624 of Sberbank of Russia (hereinafter referred to as the Bank), after registration of the Main Agreement in the body carrying out state registration of rights to real estate and transactions with it. 2.3. The right of pledge by virtue of Art. 488 of the Civil Code of the Russian Federation does not arise for the Seller. 2.4. As security for the Parties to fulfill their obligations under the Agreement, the Buyer transfers to the Seller a deposit in the amount of 30,000 (Thirty thousand) rubles on the date of signing the Agreement. 2.5. The apartment will be pledged to the Bank from the moment of state registration of the Buyer’s ownership of the apartment. The pledgee of this pledge is the Bank. The rights of the Mortgagee are certified by the Mortgage 3. RIGHTS AND OBLIGATIONS OF THE PARTIES

Interesting: Heirs to an obligatory share in the inheritance

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,

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.

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. Krasnaya, 1, the second is issued to Pikov Alexander Dmitrievich.

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

SIGNATURE: _____________________________

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).

RAA Law

Incoming search terms:

• notarized consent of the spouse for the mortgage of real estate (1)
• consent to pledge an apartment with a mortgage (1)
• consent of peasant farm members on the transfer of property as collateral (1)

The procedure for obtaining a mortgage loan is lengthy and requires many documents and confirmations from the borrower.

One of these is the consent of the second spouse.

It is necessary from a legal point of view. But the process of obtaining a loan is delayed. Many people do not like this state of affairs, and they try to take out a mortgage without consent.

Theoretically, this is possible, but if controversial issues arise, the deal may be cancelled.

Agreement on deposit when purchasing an apartment: sample

This question may be of interest to the average person who is not familiar with the rules of purchase and sale. This is the situation: a potential buyer comes (alone or with a realtor, it doesn’t matter) to look at the apartment, everything suits him, and he agrees to buy it. The seller also likes everything, and they agree on a deal. But for a complete transfer of rights, you need: a complete package of documents on both sides, the entire amount of money from the buyer and a currently available, necessarily verified, notary. A number of issues cannot be resolved in an hour or two. Therefore, it takes time to carefully prepare the documentation, during which buyer No. 2 can come and offer $100 more for housing, then applicant for purchase No. 1 may be left without an apartment. Or, conversely, the first buyer went to look at the apartment cheaper the next day and agreed to buy it, then the seller remains out of business. All the charms of the deposit are in its functions. Therefore, an agreement on a deposit when purchasing an apartment, a sample of which will be discussed below, is a mandatory condition in this mercantile society.

Nikitin Nikita Nikitovich, passport series PP N12345, issued by_________ ROVD, June 15, 2005, registered at the address: Moscow, st. Moskovskaya, 1/1, hereinafter referred to as the Seller, and Oleg Olegovich Olegov, passport series OO N 54321, issued by _________ ROVD, May 16, 2004, registered at the address: Moscow, st. Krasnaya, 2/2, hereinafter referred to as the Buyer,

18 Aug 2020 glavurist 229

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What is mortgage consent?

All property acquired during marriage will be divided in half in the event of a divorce. This also applies to debts. Accordingly, if one of the spouses takes out a mortgage, and then a divorce occurs, then the second spouse will need to pay half of the debt.

That is why the notarized consent of the spouse to purchase real estate with a mortgage must be formalized . This form provides an additional guarantee to the bank. The transaction becomes safer, since there is confirmation of the absence of fraudulent actions on the part of one of the spouses.

With a mortgage, persons who are officially married become co-borrowers. That is, the bank has a guarantee that the debt will be repaid. But in the absence of consent from the second spouse, such a transaction may be declared invalid. Then the bank will not be able to demand repayment of the debt from the other party.

Consent is required for both the purchase and sale of housing . The document must be certified by a notary. Forms that are simply signed by both parties have no legal significance. Lawyer's notes are required.

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Dear viewers, I welcome you to my channel about real estate - Without a Realtor. It's simple. My name is Galina Seraya. Today I would like to use the example of a conversation with a seller’s realtor to show how we fight for the interests of our customers. The transaction is complicated, since our customer wants to purchase an apartment that is pledged to the bank, but the pledge has not been withdrawn. We must protect our customer as much as possible in this situation. Real negotiations, watch until the end.

We recommend reading: Sol-Iletsk Resort 2020 Entrance Price

The realtor breaks down a difficult deal. Buying a mortgaged apartment. Real negotiations. ✔ Order online support for the purchase or sale of real estate, checking documents for an apartment, click on the link - https://u.to/HvvUFA or write to the mail In the title of the letter write “Support Sale” or “Support Purchase” or “Verification of secondary or new buildings." Please include your name and phone number in your letter! ✔ Order a free manual for the seller, for the buyer, click on the link - https://u.to/dPvUFA or write to: [email protected] In the title of the letter write “Manual”, and in the letter - name and phone number! ✔ Galina on WhatsApp/Viber/Telegram - 89227101699 ✔ All videos and live broadcasts on YouTube channel - https://www.youtube.com/channel/UCRqx. Subscribe!

In what cases may it be necessary?

Legal consent is always required when taking out a mortgage . Article 35 of the Family Code states that all transactions requiring state registration must be notarized.

Reference! A mortgage loan falls into the category of procedures that require registration. Accordingly, it is necessary to provide notarized consent to complete the transaction.

In addition, Article 7 of the Law “On Mortgage” states that the consent of all owners is required to complete a transaction.

Article 7 of Federal Law No. 102 “On mortgage (real estate pledge)”. Mortgage of property in common ownership

1. For property that is 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 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.

Thus, the document is required in all cases when taking out a mortgage.

There is one exception. If the spouses have a prenuptial agreement that specifies cases in which consent is not required, then it is not necessary to provide it. A prenuptial agreement can be drawn up before marriage or during cohabitation.

Legislative framework on jointly acquired property

Possession, use and disposal of common (joint) property by one spouse are carried out in accordance with Art.
Art. 246, 253 of the Civil Code of the Russian Federation and Art. 35 of the Family Code of the Russian Federation, namely, with the mutual consent of the other spouse. In case of actions without consent, the husband (or wife) can challenge any transaction and declare it invalid. For this reason, it is legally established that any transactions with jointly acquired property that require notarial or state registration by law must be accompanied by a notarized consent of the spouse to pledge the real estate.

The presence of this document is a mandatory formality; even when registering a mortgage on real estate, the consent of the spouse is required.

Our company offers the most loyal conditions for issuing loans - we do not require proof of income, we issue money even to the unemployed, we do not check credit history and do not force clients to look for guarantors. But we do not break the law, so if you are mortgaging jointly acquired property, you will definitely need the consent of your spouse to pledge the property.

• Fast registration.

  All procedures will take several days - and this is the maximum. We review applications in 1 hour, and draw up a contract in 1 day.

• Convenient payments.

  The payment schedule is negotiated with the client individually. There are no penalties for early repayment.

• Minimum requirements.

  We issue loans without proof of income or the presence of guarantors, and credit history does not matter.

offers profitable loans secured by real estate.

What points does it consist of?

The form can be obtained from any notary office or from a lawyer. You can also fill it out yourself by downloading a sample from open sources. The main thing is to reassure him later.

The form must contain information:

1. About spouses. Their passport details, registration, date of birth.
2. About the object of lending and collateral. It is mandatory to indicate the address of the apartment being purchased. If the collateral is other property, then it must be indicated that the second spouse is not against such collateral.
3. About the loan agreement. Its number, date of signing.
4. About what consent is given. That is, the form must clearly indicate a phrase that confirms the consent of the second spouse.
5. About the notary. Marks always come after the main “body” of the document.

There are no special requirements for content. The lawyer will check the data and put his signature and seal. Then the responsibility for writing the form correctly falls on his shoulders.

The lawyer will need:

• Passports of both spouses.
• Marriage certificate.

spouse's consent to the mortgage

Registration of consent from a notary

You can agree to purchase an apartment with a mortgage at any notary office. The party that gives permission can approach the specialist independently. The presence of the main borrower is not required.

What documents do you need to take with you:

1. Passport. Please note that there must be a corresponding check mark on the marital status page.
2. Marriage registration certificate.
3. Data on the planned mortgage agreement and the property.

Recommended article: Unified housing document - what is it and how to get it

have a notary who will certify this document. Its text must necessarily contain the permission of the husband or wife to purchase and pledge property. You can prepare the text of the paper yourself, but if you do not have sufficient legal knowledge, you should not do this. It is better to use the current form of the spouse’s consent to the mortgage, available from the notary, because the bank may refuse to accept a different wording. Or take a sample drawn up by banking lawyers and taking into account all the risks of a financial organization.

What should be contained in the notarized consent of the spouse for a mortgage:

• personal details of the husband or wife on whose behalf the document is being drawn up;
• name of the lender and information about the mortgage agreement. The bank must inform you of the reserved document number and the expected date of execution;
• details of the marriage certificate;
• characteristics of the property you are purchasing, including the exact address.

The spouse's consent to a mortgage from a notary
is signed with his own hand in the presence of a specialist who certifies the document. It is not possible to draw up a document by power of attorney.

The cost of notarization of a mortgage permit depends on the region where you apply for the service. On average, you will have to pay from 500 to 2 thousand rubles for it. The cost is set by law at the level of the constituent entity of the Russian Federation.

Permission to sell an apartment if the owner is a wife

When selling a mortgaged apartment, the family will receive a large amount of money, but will lose one piece of real estate. It is wrong from a legal point of view to ignore this fact and not inform the spouse.

Therefore, consent to the sale of a mortgaged apartment is necessary . It doesn't matter who the owner is. The spouses are co-borrowers on the loan, and therefore must repay the debt jointly. Consent will be required in any case.

If the apartment was purchased outside of marriage and the second spouse is not a co-borrower, then only the owner can dispose of the apartment. He doesn't need any consent. Such property is considered personal, therefore the owner can dispose of it at his own discretion.

If there is a marriage contract, consent may not be required . If it stipulates the conditions for the sale of the apartment, then consent is not required. But banks are wary of such transactions. They do not consider them safe, since if controversial issues arise, the terms of the contract may not be taken into account.

Is it necessary for one of the spouses to purchase real estate?

During an official marriage, personal property cannot be acquired. Everything that is purchased by one will be considered common, jointly acquired property. Therefore, when purchasing an apartment, consent from the second spouse is also required.

Important! With a mortgage loan, the debt to the bank is measured in millions of rubles. The second spouse must know and agree to such a procedure. Therefore, banks are increasingly requiring a mandatory form certified by a lawyer.

Even if the husband takes out a mortgage and his personal property serves as collateral, consent from the wife will be required. Since she will act as a co-borrower on the loan. And if her husband is unable to pay the debt, she will have to pay it. That is why you cannot make a purchase without such a form.

Agreement for the purchase and sale of an apartment under a Sberbank mortgage

6.3.1. Insure the specified Apartment (the subject of the mortgage) in favor of the Lender-Pledgee for an amount not lower than its estimated value (loan debt and interest due for its use for a period of at least 1 year) against the risks of loss (destruction), shortage or damage in all cases, provided for by the insurance rules of the insurer, as well as provide the Lender-Pledgee with a copy of the insurance rules, a copy of the relevant insurance contract certified by the insurance company, the original and a notarized copy of the insurance policy, a document confirming payment of the insurance premium in full, within 5 (five) working days from the date of signing of this Agreement by the Parties.

6.3.13. If there are minors, incapacitated persons and persons with limited legal capacity, who in relation to the purchased Apartment will be co-owners of the Buyer-Pledgor or members of his family, submit the consent of the guardianship and trusteeship authorities to transfer the Apartment as collateral and its possible alienation in the event of failure to comply with the terms of the Credit Agreement agreement.

Interesting: How is alimony divided for two children from different wives?

Where can I get a notarized document?

You can fill out this form yourself or contact a notary. When filling it out yourself, you must carefully enter your passport details, addresses and dates. After filling out, you need to contact a notary company to certify the form .

If you contact a notary directly, he will take care of the filling. At the same time, the client has a guarantee of a correctly completed document. In case of an error, the lawyer will bear responsibility independently. Will reissue the document free of charge.

Uncertified forms have no legal force.