Nataliya Volodymyrivna Ivashchenko

Consent of spouses to enter into contracts

sales, donations, mortgages, pledges, loans

Consent of spouses to enter into contracts

To certify the authenticity of the signature on the application for the consent of the other spouse to enter into transactions the following documents are submitted to the notary: passport and taxpayer identification number (TIN) of the wife/husband, marriage certificate.

One of the spouses, concluding this or that contract, not only disposes of the joint property of the spouses, but also creates additional obligations for the spouses. Therefore, in accordance with the Family Code of Ukraine, the written consent of the spouses is required for disposing of immovable/movable property, renting it out, entering into mortgage agreements, pledges, etc.

The written consent of the second spouse is necessary not only for alienation, but also for the purchase of immovable/movable property, since in this case joint funds of the spouses are used.

If one of the spouses concluded a deed regarding the acquisition, in particular, the purchase of valuable property, without the consent of the other spouse, then the latter has the right to apply to the court to declare the deed invalid, as having been concluded without her/his consent.

For the conclusion of which contracts (agreements) consent is required:

  1. real estate purchase and sale contracts;
  2. real estate donation contracts;
  3. contracts for the purchase and sale of a share in the authorized capital of a joint-stock company;
  4. agreements on the donation of a share in the authorized capital of a joint-stock company;
  5. contracts of purchase and sale of vehicles;
  6. mortgage contracts;
  7. pledge contracts;
  8. money loan agreements;

Consent is not required if immovable property belongs to one of the spouses under the right of personal private ownership (property was received as a gift (donated), inherited or acquired before marriage registration), as well as property acquired in marriage in accordance with Marriage contract.

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