Deputies propose to prohibit the sale of cars without the written consent of the spouse. What do notaries think?

A spouse who sells a valuable asset such as a car is presumed to be acting in the best interests of both spouses. Although situations are different: someone, for example, may hastily sell a car while already in divorce proceedings. So, in one of the examples given in the story, the husband had to use a video recording of the conversation to prove in court that he was against the sale of the family car by his wife.

Such a case is not uncommon. The explanatory note to the bill notes that in 2022, the courts considered 42.7 thousand disputes related to the division of jointly acquired property. The written consent of the second spouse, the authors of the initiative believe, would ease the burden on the courts and speed up the adoption of a judicial decision.

The form of consent also plays a significant role here. So, when a notary certifies consent, he talks with the person, checks whether he understands the legal consequences of what he is signing, and whether this is exactly what he wants. And, of course, such consent has increased evidentiary force in court, and with it it is easy to protect the interests of bona fide sellers and buyers.

Consent in simple written form is quite easy to forge and can also be invalidated in court. In practice, there are many stories when people refused papers with their signature, saying that they were not signed by their hand. Or they said they did it under pressure. With a notarized form of consent, such arguments are inappropriate, and therefore it is extremely difficult to challenge the document.

It is important to consider that when selling a vehicle, not only the seller’s spouse, without whose consent the transaction takes place, but also a bona fide buyer may be at risk. And it’s not just a matter of the presence or absence of the consent of the second spouse. There are other pitfalls that the notary will recognize in time: the vehicle may be pledged to the bank, and the buyer, along with the car or all-terrain vehicle, will also buy someone else’s debts. The seller may be in bankruptcy status or his legal capacity is limited, and then he does not have the right to dispose of his property at all.

It is the notary who helps to minimize many risks, since he communicates with all parties to the transaction, checks documents and legally significant facts, helps to draw up a competent agreement, and is also responsible for the result of his work, including financially. And when dealing with the purchase and sale of cars, which are sometimes more expensive than apartments, this is extremely important.

You can watch the episode at the following link: https://www.5-tv.ru/news/482804/tolko-srazresenia-vrossii-mogut-izmenitsa-pravila-prodazi-avtomobilej/#tolstoycomments-feed

source: Federal Notary Chamber