A draft on the sale of vehicles only with the consent of the spouse was introduced to the State Duma

Introduced to the State Duma bill, according to which transactions for the sale of transport can only be carried out with the mutual consent of the spouses. In the explanatory note to the project, the need for the initiative is explained by the desire to maintain a “balance of interests of the spouses.” Also, according to the authors, it should facilitate the work of the courts.

“The consent of the second spouse can be given by him in simple written form, and joint participation of the spouses in the transaction is also possible. When both spouses are named on the seller’s (donor’s) side in the contract, written consent is not required,” the explanatory note says. It notes that the law, if adopted, will also include motorcycles, snowmobiles, snow and swamp-going vehicles, and all-terrain vehicles.

The note notes that in 2022, courts of general jurisdiction considered 42.7 thousand disputes related to the division of jointly acquired property. The written consent of the second spouse, according to the authors of the initiative, would ease the burden on the courts and speed up the adoption of a judicial decision. The bill was submitted to the State Duma for consideration by a group of deputies from the New People faction, led by Sardana Avksentyeva.

According to the current provisions of the Family Code, the sale of a vehicle is possible without the consent of the spouse. To terminate the transaction, the spouse must prove the fact of his disagreement before the sale takes place. Otherwise, all actions are considered agreed upon by husband and wife.

For more information on the provisions of the Family Code related to property, see material “Ъ”.