How to re-register a car in your wife’s name without deregistration

Ways to re-register a car for your wife

Initially, you need to decide on the method of re-registration of the vehicle. A marriage contract can be concluded between spouses (Article 42 of the RF IC). It is permissible to draw it up in relation to individual things, including a car. There are alternative methods of transferring property:

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1. Car purchase and sale agreement (VSA). The execution of the transaction is regulated by Art. 454 Civil Code of the Russian Federation. However, a DPA cannot be concluded between spouses. The transaction will contradict the norms of current legislation.
2. General power of attorney. The use of the document is regulated by Art. 185 - 189 Civil Code of the Russian Federation. In fact, the owner of the car does not change. However, the wife receives the right to drive a vehicle and perform legally significant actions with it. The list of powers of the parties is reflected in the power of attorney. All fines will continue to fall on the husband. The spouse is required to pay taxes. A general power of attorney requires notarization.
3. Deed of gift. Involves the gratuitous transfer of property. If the transaction is between husband and wife, the need to pay taxes disappears. The document serves as the basis for re-registration of the car with the traffic police. There is no need for notarization of the deed of gift. However, the procedure can be carried out at the request of the parties.

The need for car registration

Quite often during the divorce process, it becomes necessary to decide who will remain the full owner of the car. This may be the spouse who was chosen as a result of mutual consent or one of the spouses determined by a court decision.

It is for this reason that it becomes necessary during the divorce process to know in advance who will keep the car.

In addition to divorce and division of property, the need for re-registration may arise when various personal situations arise in which you need to be sure that the car is registered in the wife’s name.

Among the most popular reasons is the fact that women often have their transport tax seriously reduced, and in some cases it is removed altogether.

Another need for re-registration is the presence of serious credit debts or negative driving experience that led to serious fines.

In such situations, the re-registration process is carried out not at will, but out of necessity, since if, according to the judge’s verdict, it was decided to take the car, it will be better if the vehicle is registered in the wife’s name.

Otherwise, the car will be sold under the hammer, where half the amount will simply be returned to the wife. Timely registration of the car will allow you to solve all problems without selling it.

Re-registration of a car to the wife under a purchase and sale agreement

Property acquired by a husband and wife after the official registration of the relationship is recognized as joint property, unless otherwise provided by the marriage contract (Article 33 of the RF IC).

In a standard situation, one person undertakes under a contract to transfer ownership of an item to another party for a certain amount of money. If we are talking about spouses, the funds generated from joint income simultaneously belong to the husband and wife. Upon conclusion of the DCT, the parties will become the owners of what already belonged to them. The purchase and sale of a car between husband and wife will not entail any consequences. There is no alienation of property or transfer of ownership rights.

Such a transaction can be characterized as imaginary (Article 170 of the Civil Code of the Russian Federation). The spouses remain in the same position they were in before the car was re-registered. As a result, the transaction is declared invalid.

If spouses need to transfer property, it is recommended to draw up an agreement on its division (Article 38 of the RF IC). The document is drawn up in writing and does not require notarization. It is permissible to conclude a transaction during the marriage or after its dissolution. Property can be partially divided. Based on the agreement, the vehicle will subsequently be re-registered with the traffic police.

The contract for the sale and purchase of a car to my wife can be found here.

Features of registering a car for a new owner

To re-register your car the first time and without any delays, you should remember the following nuances:

1. The law gives 10 days from the date of signing the purchase and sale agreement to re-register a car. This should be taken into account when choosing a date for State Services, otherwise you may receive a fine.
2. Before submitting your application online, you should make sure you have all the required documents.
3. You must enter all data very carefully and completely, otherwise your application may be rejected.
4. If the car has fines from the old owner, it is better to pay them before registration.

Most drivers are satisfied with such an innovation as State Services and speak positively about it. However, there are also negative aspects.

Sometimes when submitting an application, the phrase “Error sent to the department” appears. In this case, the portal’s technical support advises resending the form, but sometimes this happens after a few hours.

If there are errors on the server, you will have to go to the center yourself

It happens that in the form for selecting a date of visit it is clear that not a single traffic police department has free time suitable for the driver. This creates inconvenience and forces him to go there in person and take a ticket for the queue.

There are also complaints that there are no explanations on the portal about how to proceed with the technical inspection and when it is better to undergo it - in advance or on the day appointed by the State Services.

Despite this, the number of motorists who have become users of the State Services portal is growing. Saving time and money are serious arguments in choosing a car registration method.

The procedure for re-registering a car to a wife under a gift agreement

Re-registration of a car in the name of a wife under a gift agreement is carried out in accordance with the norms of Chapter 32 of the Civil Code of the Russian Federation. The procedure for re-registration of a vehicle free of charge is carried out according to the following scheme:

1. A husband and wife draw up a deed of gift. The paper must be prepared in accordance with the provisions of Article 574 of the Civil Code of the Russian Federation.
2. The couple collects documents. In order for the car to be re-registered, you need your wife’s civil passport, STS, PTS, a completed application, a donation agreement and a compulsory motor liability insurance policy.
3. Pay the state fee. It must be provided before registration steps are completed. The amount is reflected in Article 333.33 of the Tax Code of the Russian Federation.
4. An appeal is being made to the traffic police. It is recommended to make an appointment in advance. The procedure can be carried out through State Services. A representative of the authorized body will check the documentation and then inspect the car. If the transaction does not raise suspicions and the vehicle is not stolen or encumbered, the car will be re-registered.
5. Get updated documents.

Particular attention should be paid to drawing up a deed of gift for your wife. The document must be drawn up strictly in writing. The number of copies depends on the number of participants in the transaction. If it is concluded between a husband and wife, you need to prepare 3 agreements. 2 of them will remain with the spouses, and the third must be transferred to the traffic police.

In order for the deed of gift to be recognized as valid, the document must reflect the following information:

• information about the parties to the transaction;
• place of conclusion of the agreement and date of completion of the procedure;
• characteristics of the vehicle;
• information about documents confirming the presence of the donor’s ownership of the car;
• the procedure for transferring property into ownership;
• signatures of the parties to the transaction.

Drawing up a gift agreement between husband and wife on your own can be problematic. It is better to use a ready-made sample. This will minimize errors. You can download the document here.

If the transaction is between husband and wife, there is no need to pay tax. This rule is reflected in paragraph 18 of Art. 217 Tax Code of the Russian Federation. There is also no need to submit a declaration. The cost of the car does not have to be indicated in the agreement. However, in practice, the lack of a price can lead to a delay in the procedure.

Traffic police officers sometimes state that re-registering a car to a wife without indicating the cost of the car is invalid. The action is illegal. Faced with this, a citizen can write a complaint to a superior or indicate the cost in the contract. Notarization of the deed of gift is also not required.

Procedure

In order not to encounter possible time delays during the registration process, it is worth knowing how to do this. The general procedure for re-registering a vehicle to a wife is no different from re-registering a vehicle to another person.

The algorithm of necessary actions consists of three steps:

1. The necessary documents are collected. In this case, you need to pay attention to the PTS - check the body number and the number indicated in the documents
2. The car is put in order, thoroughly washed and cleaned. It is better not to neglect this step so that traffic police officers do not have problems with drawing up the contract.
3. The spouse, that is, the seller, signs the drawn up contract and gives a copy to the traffic police officers and his wife.

Following this sequence of actions will allow you to avoid various problems and time delays when re-registering.

Many car owners are wondering whether it is possible to re-register a car to their wife without her presence . It can be noted here that without the presence of the wife, as a buyer, recipient or trustee, re-registration is not carried out.

Video: Purchase and sale agreement 2021 or how to process the purchase and sale of a car

The procedure for re-registering a car in the name of a wife under a general power of attorney

In accordance with Article 185 of the Civil Code of the Russian Federation, a power of attorney is a written formalization of powers transferred to another person. Depending on their volume, the type of document may vary. A general power of attorney involves granting a person the widest range of powers. It requires notarization.

If the above document is executed, the car will not be deregistered. In fact, the car continues to be registered with the husband. However, the wife receives the right to dispose of the vehicle. She will be able to use the car for personal purposes, rent out property, and make repairs. Powers are transferred for a certain period, which the parties reflect in the document.

The current legislation does not provide for the form of a power of attorney. However, it is better to use the document form provided by the notary during the certification process. To issue a power of attorney, you must have the following documents with you:

• passport;
• STS;
• PTS.

It is recommended to indicate the period for which powers are transferred to the wife. The paper will be considered invalid if it does not contain the required information:

• information about the principal and attorney;
• information about the car;
• powers granted;
• validity period of the power of attorney;
• signature of the parties to the transaction with mandatory decryption.

If a power of attorney has been issued, an application to the traffic police is not carried out. Having the document already gives you the right to dispose of the vehicle. Drawing up a general power of attorney for your wife on your own can be problematic. Experts recommend using a ready-made sample. It's possible.

In order for the wife to be able to drive a car transferred by proxy, she must be included in the MTPL policy. In accordance with the provisions of Federal Law No. 40 of April 25, 2002, driving on the road without insurance is strictly prohibited.

Re-registration options

Before you start collecting the necessary documents, you should decide how the car will be re-registered.

At the moment, re-registration of a car in the name of a wife is carried out in different ways. Each method is characterized by its advantages and disadvantages .

You should think carefully before giving preference to one method or another, and only after that you can start collecting papers.

In the case of re-registration of a car in the name of a wife, one of three methods can be used - sale, donation and execution of a general power of attorney.

Drawing up a purchase and sale agreement

This method of transferring a car is very beneficial for spouses if they live together . In fact, there is no need to deregister the car. The re-registration process in this case is carried out automatically.

Nothing is done for this, and accordingly no state duty is charged. The previous owner must have owned the car for at least three years.

Thus, the car is simply transferred to the spouse, but the license plates remain the same, unless they are damaged. The main feature of such a transaction is the fact that after the conclusion of the transaction, the husband is paid a material reward.

This procedure is characterized by some important points that must be taken into account in order for the transaction to be as successful as possible.

Here is the basic sequence of actions when drawing up a purchase and sale agreement:

1. Formal vehicle inspection.
2. Drawing up a purchase and sale agreement.
3. Exchange car keys for money.
4. Registration of a car without the need to deregister.

The purchase and sale agreement must be drawn up in three copies - printed or handwritten and certified. Both spouses and the traffic police must have the documents.

Registration of deed of gift

Donating a car must be accompanied by the signing of an official donation agreement . It is important to be aware of the value of the gift.

It is worth discussing all material issues in advance, as it will be possible to leave the previous car registration unchanged.

An agreement can be drawn up in two forms - oral and written . It is advisable to give preference to the written form of the contract, since an oral agreement is characterized by some important points that may simply not be suitable for one reason or another.

In the process of concluding a contract, it is necessary to remember that both spouses must be legally and legally capable; it is equally important to have ownership of the car itself. Only then can you register the car under a gift deed.

Notarization of a gift agreement is optional; it is not a mandatory procedure . It is worth remembering that the termination will also need to be carried out through a notary.

Transfer of a car by general power of attorney

This is another common method of re-registering a car, but not the most profitable, since there are a large number of different conditions for transferring the car into full ownership of the wife.

First of all, you should know that all traffic police fines will continue to go to the husband, taxes will also be collected from him, and responsibility for the car remains with the owner.

There are also some difficulties with paperwork:

1. You will definitely need to go to a notary.
2. The transaction requires mandatory payment of a certain amount for the services provided by the notary.

You need to be extremely careful in the process of drawing up a power of attorney. It is required to set a date and also indicate the validity period of the document, which can range from one to three years. A longer period is not provided; in this case, the power of attorney is considered invalid.

If the spouse who transferred the car dies, it becomes the sole property of the trustee. If the trustee dies, the car is returned to the owner. In this case, the general power of attorney is completely revoked.

How much does it cost to re-register a car for my wife?

The price of re-registering a car to your wife depends on the chosen transaction option. If a gift deed is drawn up, you will have to pay for making adjustments to the PTS and for receiving the STS. There is no change in license plates when transferring a car between spouses. The amount of the state duty is regulated by Article 333.33 of the Tax Code of the Russian Federation. To enter information about the new owner into the PTS you need to pay 350 rubles. If you need to replace the document, you need to pay another 800 rubles. RUB 1,500 will be charged for providing a new registration certificate.

When a general power of attorney is issued for the wife, there is no need to re-register the car. However, to draw up the document you need to contact a notary. He will help you draw up the document and certify it. The specialist provides services on a reimbursable basis. Their cost depends on the region in which the manipulation is performed.

What documents do you need to collect?

Before collecting the necessary documents, you need to figure out how the car will be re-registered.

There are several methods for this procedure. They are all different and have their pros and cons. Think carefully about whether this or that method is right for you, and only then worry about the papers.

If the wife is the person for whom the car is being re-registered, then there are three ways to carry out the procedure:

Contract of sale

It is extremely beneficial for spouses, since they usually live together (in the same city, region, country).

In fact, the car is not deregistered. This happens automatically, so, practically, you do not do anything for this, which means that the state duty for re-registration of the car is not charged (the previous owner must have owned the car for at least three years).

So, the car will be registered to the wife, but the license plates will remain the same, unless they are mechanically damaged or splashed with paint.

The document itself in the Russian Federation looks like this.

The peculiarity of this is that the wife, after concluding the transaction, must pay a material reward to her husband.

The complexity of the process lies in the presence of a large number of points in which you need to be careful for the transaction to be successful.

First, after inspecting the car (a more formal step, because the buyer is the wife), a sales contract is drawn up according to a new sample.

Then, the car keys are given to the wife, and she, in turn, gives the money to the husband. Then the standard registration of the car occurs, and deregistration is not necessary.

The purchase and sale agreement can be printed or written by hand (in blue ink, the use of carbon paper is prohibited). You need to make 3 copies so that a copy of the agreement is in the hands of the traffic police and the spouses.

What you need to know when re-registering a car, read the article: what you need to know when re-registering a car.

Find out how to re-register a car under a general power of attorney in your name here.

Registration of deed of gift for wife

It is clear that the donation must be accompanied by the official signing of a special document - a gift agreement.

It is better if the owner indicates the price of the gift. Having discussed all material issues in advance, it will be possible to leave the previous place of registration of the car unchanged.

Although there are two forms of document (written and oral), it is better to use the first, since the second has many nuances that may not suit you.

For example, if one of the spouses is a legal entity, the price of the car should not be more than ten times the minimum salary.

You also need to have witnesses with you to protect yourself from trouble. Experts believe that it is still better to issue a written deed of gift.

When concluding a contract, it should be remembered that the spouses must be legally capable and have the right of ownership of the subject of the gift.

In the case of a notarized donation, a state fee is charged for re-registration of the car. Notarization of the agreement is optional, but if desired, the spouses can formalize it.

At the same time, you must not forget that if you want to terminate the document, you will need to contact a notary.

The structure of the deed of gift is not complicated; it can be written according to this model.

General power of attorney

This is another way to transfer a car to your wife. It is not very profitable: there are a large number of conditions that make it difficult for the wife to fully own a car.

Thus, traffic police fines will be recorded in the name of the husband, taxes will also be collected from him, since in fact he is legally responsible for the transport property.

The preparation of the document also hides many difficulties:

• firstly, the spouse who re-registers the car must contact a notary, and this is a mandatory step;
• secondly, this transaction requires payment of a certain amount for the provision of notary services.

Be careful when drawing up a power of attorney. Don't forget to date and indicate the validity period of the document. It can range from 1 to 3 years.

If, for example, you specify a period of 5 years, then you can consider that your time was wasted - the power of attorney is considered invalid.

In extraordinary cases, such as the death of the parties, they act according to the law. The contract is canceled if the spouse dies and the husband takes full ownership of the vehicle.

If the spouse (seller) dies, the car becomes the property of the heir.

The general power of attorney form looks like this.

But that is not all. Despite the fact that each method of re-registering a car has its own characteristics, in order not to deregister it, you only need to have a few documents:

• document's name;
• vehicle passport;
• a document confirming the place of registration of the car;
• Russian Federation passports of spouses;
• number of the car.

How to transfer a car to your wife during a divorce?

The list of necessary actions depends on whether the parties managed to reach an agreement. If the spouses have reached an agreement, they can divide the common property by drawing up an appropriate agreement. The procedure is carried out in accordance with the norms of Article 38 of the RF IC. It is permissible to carry out manipulation during marriage or after its dissolution. The agreement on the division of property must be notarized.

When the document is completed, together with it and the standard package of documentation for re-registration (application, STS, PTS, civil passport of the person, compulsory motor liability insurance) you will have to contact the State Traffic Inspectorate. Here the car will be re-registered to the wife.

If the parties are just going to dissolve the official relationship, it is permissible to conclude a marriage contract. The process of its preparation is regulated by Article 41 of the Code of the Russian Federation. The agreement can be drawn up at any time before the divorce. The agreement is concluded in writing and is subject to notarization.

However, in practice it is not always possible to reach a mutual agreement. In this situation, the division of property is carried out in court. If during the proceedings it is decided that the car belongs to the wife, she will be able to register it after receiving a court order.

Legal terms and conditions

The modern civil and family code of the Russian Federation has established that a married couple owns family property during marriage on completely equal rights. In other words, any property is common .

An exception is property acquired by one of the spouses before marriage, as well as property that was gifted or inherited. In such situations, the property is not joint family property, but belongs to one of the spouses .

A vehicle, according to Russian legislation, belongs to the category of indivisible property. Even if the car was purchased during marriage, it can only be registered with the traffic police for one owner.

To avoid various controversial situations that you risk encountering throughout your life, you should take care of this problem in advance. You need to know how to transfer a car from a husband to a wife.

If she does not have a license, this will not interfere with the process of re-registration of the car; the person will simply not be allowed to drive it until a certain time.

How to transfer a car to a wife after the death of her husband?

The procedure for re-registering a car to a wife after the death of her husband is quite lengthy. If you miss the deadline established by law, the car becomes the property of the state. Section 5 of the Civil Code of the Russian Federation is devoted to the inheritance process. In order to receive property that belonged to the husband, the wife will have to issue a certificate confirming the presence of the corresponding right. To do this, you need to contact a notary.

The opening of inheritance occurs immediately after the death of the owner of the property. Persons planning to receive part of the property are given 6 months to contact the authorized body (Article 1154 of the Civil Code of the Russian Federation).

Registration of the certificate takes 2-4 weeks. When the document is ready, you need to pick it up and contact the traffic police with an application for re-registration. Additionally, you need to have with you the documents for the car and a valid MTPL insurance policy.

The procedure for registering a car will be carried out in accordance with the norms of Order of the Ministry of Internal Affairs of the Russian Federation No. 399 of June 26, 2021. When the information in the documentation is updated and the wife is added to the title and STS of the car as the owner, the woman will be able to fully dispose of the property.

Donation

A gift agreement is a financially beneficial procedure for spouses in the process of the registration act itself. However, the legal consequences of the transaction are significant: the donor loses the right to the property.

This means that if a husband gives his wife a car, then during a divorce it will be her personal property, which the husband will not be able to claim. The car will not fall into the general property mass subject to division, but will remain with the wife (clause 2 of article 256 of the Civil Code of the Russian Federation, article 572 of the Civil Code of the Russian Federation).

So before giving, the spouse should consider the degree of trust and the strength of the marriage.

• the transaction is executed without a notary , the document can be written by hand or printed on a computer and signed;
• you need three copies : two for spouses and one for the traffic police;
• when donating between spouses, the 13% tax is not paid (paragraph 2, clause 18.1, article 217 of the Tax Code of the Russian Federation, Letter of the Ministry of Finance of Russia dated 06/01/2016 No. 03-04-05/31613);
• You don’t have to de-register the car, you don’t have to change the license plate number . You will have to pay 850 rubles. for all re-registration in the traffic police;
• it is necessary to reissue the MTPL policy to the new owner ; without it, the documents will not be accepted.

Re-registration at the MFC

Multifunctional centers undertake intermediary services, functioning on the principle of a single window. The organization's work schedule is convenient for clients. Re-registration of a car to your wife through the MFC can also be carried out. If a person decides to take advantage of the facilities of the institution, the following actions must be performed:

1. Prepare a package of documentation. The list of papers that may be required in the process is reflected in paragraphs 15-16 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 605 dated August 7, 2013.
2. Pay the state fee. It is charged for replacing the STS and updating information in the PTS. The amount of the amount is reflected in Article 333.33 of the Tax Code of the Russian Federation. It is necessary to provide 1850 rubles.
3. Contact the authorized body. MFC employees will not register the vehicle themselves. However, they will help you fill out an application and register the citizen with the traffic police.
4. Visit the State Traffic Inspectorate on time and provide a package of documentation.
5. Wait until the procedure for re-registering the car to your wife is completed and receive the completed papers.

Re-registration of a personal car through a donation agreement

How to register your ex-wife
Another way to transfer your car to your wife is to give it as a gift. For this purpose, a special gift agreement is concluded. It is advisable to indicate the cost of the car. Remember that if you discuss all issues related to money in advance, the procedure will go much faster and with fewer problems.

The gift agreement can be not only written, but also oral, although it is still recommended to use the first option. In an oral agreement, the presence of witnesses is desirable.

An oral agreement must be made in the presence of at least 2 witnesses

Note! Also remember that if one of the spouses is registered as a legal entity, then the cost of the car cannot exceed ten minimum wages.

Before transferring the car to your wife, you must confirm that both of them are in a capable state and have civil rights to the object of the gift. The contract can be notarized, so if you consider this measure necessary, be prepared to pay the notary according to his tariff. If you want to terminate the contract, you will also need to visit a notary. And in any of the cases, the state duty assigned for re-registration of vehicles is implied.

Re-registration of a vehicle in the name of a wife through State Services

Remote contact with an authorized body is acceptable. The application is submitted through the State Services portal. The opportunity is available only to registered users. First of all, you need to log in to the site. Then you need to proceed according to the following scheme:

1. On the list.

2. If the car is re-registered to the wife, the used car is re-registered. Therefore, you need to select the item “executing documents when purchasing, leasing or changing information about the owner.”

3. Click on the item “change vehicle owner data”.

4. Read information about the service and indicate its type.
5. Fill out the online form. It will contain information about the vehicle and the new owner.
6. Select the traffic police department to which you will contact.
7. Submit the form and wait for the system to process it.
8. At the appointed time, contact the authorized body with a prepared package of documentation.