Power of Attorney for Consent of Spouse for Purchase of Apartment Sample

How to write a power of attorney to represent the interests of a husband or wife in court?

In accordance with the Civil Procedure Code of the Russian Federation, a power of attorney to represent the interests of any individual in court by any individual can be certified by:

In the management company at the place of residence of the principal (in the HOA, housing cooperative);
The head of the organization where the principal works;
The chief physician at the hospital where the principal is being treated;
Commander of the military unit where the principal serves, etc.

The power of attorney may have approximately the following text:

(place and date of issue of the power of attorney in words)

I, gr. ___________________________________________________

" "_____ __ year of birth, passport: series ______ , N ____ ,

issued _______________________________________________________,

residing at: __________________________________,

With this power of attorney I authorize gr. ____________________

_____________________________ ««________ ____ year of birth,

passport: series ______ , N ______ , issued _______________

____________________, living at the address: ________

______________________________________________, conduct my affairs

in all judicial institutions with all rights granted

by law to the plaintiff, defendant, third party, including the right to

signing a statement of claim, presenting it to the court, complete or

partial waiver of claims, complete or partial

recognition of a claim, recognition or change of the subject of the claim, conclusion

settlement agreement, appeal of decisions, determinations and

court orders, receipt and presentation of enforcement

documents for collection, receipt of awarded property or

money and perform other actions related to the implementation

The power of attorney was issued for a period of ____________________________

with (without) the right of subrogation.

«_»__________ _ d. this power of attorney is certified

me, Chairman of the Homeowners Association “Romashka” I.I. Pupkin

The power of attorney was signed by gr. _______________________________

In my presence. His (her) identity has been established, legal capacity

Chairman of the Homeowners Association "Romashka" ___________________ /I.I. Pupkin/

The power of attorney must be in writing (preferably printed on a computer). Certified with a seal. It is better to attach to it a certificate stating that the principal is registered at the place of residence (the certificate will be provided by the same HOA) or a copy of the passport with a stamp indicating registration at the place of residence.

Sample spouse's consent to purchase an apartment

Unfortunately, the law is not perfect, and there are many gaps in it that have not yet been resolved; this type of blank spots includes the validity period of consent to purchase an apartment. Of course, if a couple has a preliminary agreement in hand, even without a final execution date, by virtue of Article 429 of the Civil Code of the Russian Federation, the apartment must be purchased no later than 12 months from the date of execution of the specified document. If there is no agreement in writing, the spouses can themselves set the duration of the consent to purchase real estate.

Answer: Dear Ivan, the refusal you received is legally binding. This is due to the fact that everything acquired in an official marriage is jointly acquired property. Such relations are regulated by clause 3 of Art. 35 IC RF . Thus, you will have to provide an agreement from your ex-spouse, otherwise you will not be able to register ownership of the property. If your ex-wife refuses to provide such consent, you can challenge the situation in court.

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Types and samples of powers of attorney

Dear visitors! When preparing powers of attorney, we recommend visiting a special website: https://notary.kdmid.ru

Below are the most commonly used samples of powers of attorney by citizens, which you can use if you wish to make changes.

Attention! There is no need to fill out the “headers” (passport details of the principal and authorized representative) and certification signatures in the sent powers of attorney; this is done by an employee of the Consulate General.

General power of attorney

A general power of attorney gives the right to the authorized person to perform any types of actions on behalf of the applicant, incl. conclude on behalf of the applicant any transactions with movable and immovable property provided for by law, dispose of the applicant’s accounts and funds at his own discretion, receive on behalf of the applicant any payments (salaries, benefits, pensions), etc.

Rate:

- immediate relatives (children, including adopted children, spouse, parents, full brothers and sisters) - 27 euros (upon presentation of documents confirming relationship: birth certificate, marriage certificate, etc.; in case of change of surname, The corresponding certificate(s) must also be submitted to the Russian civil registry office;

Notarial consent of the spouse

But when using this document, some inconveniences . For example, the principal can revoke the power of attorney at any time. Whereas it is impossible to revoke consent. The only thing that can be done is to suspend registration actions by contacting Rosreestr. If the transaction has already been completed, then you can go to court.

From a legal point of view, a power of attorney and consent to sell real estate are different documents. But, in essence, they are drawn up for the same purpose - to authorize a transaction with common property. Therefore, in some cases, a power of attorney can replace consent.

10 Jun 2020 lawurist7 116

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General power of attorney

A executed general power of attorney means the transfer of the largest possible amount of powers to another person.

Of course, it is more expedient to formalize some powers as separate instructions - a power of attorney to sign documents, to the tax office, to receive a pension, mail, or rent an apartment. A power of attorney for the departure of a child is always specially drawn up.

General powers of attorney include powers to manage property and represent interests in all bodies and organizations.

General power of attorney

Power of attorney for husband from wife documents

Hello!

and how to do it? December 01, 2020, 12:25 Svetlana, Kursk

My husband needs to register in another place, but he is constantly at work and he simply has no time to deal with these matters. Is it possible to issue a power of attorney in my name so that I have the right to sign documents for my husband? and how to do it? You need to issue a power of attorney from a notary indicating the authority to sign the necessary documents. In this case, it is advisable to indicate in more detail in the power of attorney the authorities associated with signing the documents by you.

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Hello.

Example of a general power of attorney

Power of attorney (general)

The city of Novokuznetsk, Kemerovo region of the Russian Federation.

September twentieth two thousand sixteen

I, the undersigned, Kalinin Viktor Fedorovich, born March 20, 1976, native of the city of Kemerovo, Kemerovo region, passport of a citizen of the Russian Federation series 4983 number 14368976, issued TOM of the Ministry of Internal Affairs of the Central District of the city of Novokuznetsk on April 15, 1996, division code 045-726, registered under address: Russia, Kemerovo region, Novokuznetsk, Lenin Ave., building 32, apartment 18,

with this power of attorney I authorize Alexander Valerievich Brigitov, born on June 5, 1982, a native of Kiev, Ukrainian SSR, passport of a citizen of the Russian Federation series 1965 number 4468245458, issued by the Department of the Federal Migration Service of Russia for the Kemerovo region in the Zheleznodorozhny district of Kemerovo on December 20, 2013, department code 675-055, registered at the address: Russia, Kemerovo region, Novokuznetsk, st. Pobeda, building 198,

to be my representative in all bodies, organizations and institutions of all forms of ownership, on all issues relating to my interests, to manage and dispose of all my property, whatever it may be and wherever it is located, in connection with which to conclude all transactions permitted by law , including apartments and other real estate, in particular: buy, sell, accept as a gift, exchange, lease, dispose of in any other way, determining in all cases the amounts, terms and other conditions at its own discretion;

make payments on concluded transactions, register the relevant agreements and the transfer of rights under them with the competent authorities, remove me from the state registration register and put me on the state registration register at a new place of residence, accept an inheritance or refuse it, receive property, money, valuables due to me papers, and other documents on all grounds from all persons and organizations, manage accounts in the Central Bank of Russia and its divisions, commercial, savings and other banks with the right to open and close accounts, deposit and receive any amounts of money, receive postal, telegraphic, valuable and all kinds of correspondence and parcels,

Power of attorney in free form

I, Virtukhov Igor Stanislavovich, passport series 4455, No. 741852, issued by the Central Department of Internal Affairs in Cheboksary, living at the address Ekaterinburg, st. Queen, apt. 85, I authorize Konrad Maria Antonovna, passport series 4459 No. 7856921, issued by the Central Department of Internal Affairs in Gorky, living at the address Ekaterinburg, st. Sirenevaya, 22, apt. 96, to receive postal correspondence and parcels addressed to me at post office No. 455892 in Yekaterinburg.

General. Issued for various transactions for a certain time (for example, for the representation of the company's head office by regional branches).
Special. Issued to carry out certain types of transactions (receipt of goods and materials, representation in court, etc.).
One-time. Issued for one strictly specified transaction.

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What does a general power of attorney include?

The need to issue a general power of attorney arises, as a rule, when a citizen leaves Russia or is unable to independently manage his property and enter into legal relations with other persons or bodies. Such a document is not required when a citizen is declared incompetent or partially capable - in such cases, an officially appointed guardian (trustee) acts on behalf of the citizen.

The content of a general power of attorney should include the widest possible range of powers: from managing all types of property to interaction with government and judicial authorities. When drafting, it is important to take into account the recommendations for drawing up a power of attorney to represent interests in court: special powers must also be specified.

A general power of attorney from an organization is drawn up and certified according to the rules provided for powers of attorney from a legal entity.

Power of attorney to receive documents

Before drawing up a power of attorney to receive documents, keep in mind that sometimes it is easier and cheaper to receive documents by mail (when permitted by law, for example, in response to a complaint to a government agency).

I never made it to any office; my husband did everything himself. both in the registry office and in social security and in the passport office. And in general, my grandfather went to the clinic and everything was formalized for him. Plus, the husband also filled out a lot of things - no powers of attorney were required anywhere, and in the maternity hospital, the official husband is quite a relative and representative of interests if the wife is unconscious. Officially registered, yes.

Some government services, such as obtaining a passport, are provided only in person. In some situations, it is advisable to issue a general power of attorney or a power of attorney to represent interests in court. (11.5 KiB, 11,247 hits) city of Kazan on the fourteenth of April two thousand and seventeen I authorize Alexander Viktorovich Zheleznov, born on April 30, 1982, passport of a citizen of the Russian Federation series 54 89 number 5684314354, issued by the Department of the Federal Migration Service of Russia for the Novosibirsk region in the Oktyabrsky district of the city.

Certificate of general power of attorney

A general power of attorney from individuals must be notarized. Please note that powers of attorney are issued outside the Russian Federation. Check with any consular department or Russian Embassy whether there are requirements for affixing an apostille (whether it is required to legalize a general power of attorney in Russia).

Revocation of a general power of attorney has its own characteristics. The Civil Code contains a requirement to notify about the revocation of a power of attorney not only to the person to whom the power of attorney was issued, but also to third parties. It is virtually impossible to establish them in the case of issuing a general power of attorney. A notarized general power of attorney must be revoked by a notary. The notary will help you take the necessary actions, which will subsequently make it possible to challenge the actions of the person to whom the general power of attorney was issued by filing a claim to invalidate the transaction.

In what cases is a spouse’s consent required to purchase an apartment - sample document

Lack of information necessary when preparing documentation or completing a transaction.
Incorrect documentation in case of purchasing a home without the help of a competent realtor or lawyer.
Principled positions on the part of the buyer in case of disagreement, for example, with the requirements of the law.
Deliberate concealment of information from a spouse, when the buyer retains the right to purchase housing in secret from one of the spouses, which means that a subsequent sale is possible without his participation.

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As for the disposal of property, the purchased housing is not yet the property of the spouses, which means that they do not have the right to manage someone else’s territory. The apartment will be considered property only after completing the registration procedure and nothing else.

Using mat capital by proxy

Many citizens are concerned about the question of whether it is possible to use the amount of maternity capital by proxy.

For example, the child’s legal representatives live abroad and are not able to manage the funds due to their distance from the border.

The Civil Code provides for Article 185, which states that a power of attorney is a written document that is issued to a specific person and is notarized.

In addition, Article 182 of the above-mentioned normative act tells us about representation, and also that this person has the full right to carry out a transaction if the power of attorney has vested him with such powers.

In addition, there are no restrictions in the legislation that would prohibit citizens from using maternity capital in the format of a power of attorney, as well as from disposing of it.

Step-by-step instruction

So, you decided to spend the money that you provided as part of the maternity capital program, but for some reason you cannot do it yourself.

The first step is to find a person who will represent your interests using a power of attorney. You verbally agree that he will represent your interests.
Next, you create a package of necessary documents, which will include a copy of your passport, a certificate for maternity capital, a child’s birth certificate, and a passport of a proxy.
Next, you and your trustee act as a notary office. If you are unable to come to the notary’s office together with your authorized representative due to the distance from each other, you can do it yourself and send the document by post.
The power of attorney is drawn up by a notary and entered into the appropriate register.
The power of attorney is given to the person who will represent your interests. Remember that the power of attorney must indicate all the powers that will be needed when disposing of your funds under the maternity capital program.

With the collected package of documents, your authorized representative must appear at the registration authority, that is, the Pension Fund of the Russian Federation or a multifunctional center.

Further, all actions will be carried out on your behalf within the framework of the powers specified in the power of attorney.

It should be remembered that maternity capital can only be spent on purposes established by law: improving housing conditions, including obtaining a mortgage, paying for a child’s education, forming a mother’s pension and paying for the rehabilitation and social adaptation of disabled children.

Documentation

Once again, we will provide you with a list of documents necessary to represent your interests.

So, since you cannot provide the original ID of your passport, you must provide a copy of your passport. The applicant must do this.
Also, you must draw up a corresponding statement indicating the information of the authorized representative.
The next document is the birth certificate of the child, upon the birth of which you became the owner of maternity capital.
Also, do not forget that your authorized representative must provide the original of his passport.
All documents must have two copies.
The last most important thing is the power of attorney that was written in relation to the trustee.

Registration of a power of attorney

A power of attorney to receive maternity capital is issued at a notary office.

There is a single form, and the form will be provided to you by the notary himself.

In addition, the notary will not only help you draft the document, but will also listen to how you intend to use it and advise you from a legal point of view.

It will tell you about all the pitfalls and possible consequences of this document, and will also help you create a list of powers that the trustee needs to manage funds within maternity capital.

The power of attorney for the disposal of maternal capital is certified by a notary’s signature and a supporting seal. Also, the notary enters information about the number and series of the document into his register.

Statement

The application for disposal of maternity capital is standard. You also fill out the paper on your own behalf, however, in paragraphs nine to 12 you indicate information about your authorized representative. You must specify:

his initials;
Place of Birth;
place of actual residence;
contact number;
information about passport data;
as well as information about the number and series of the power of attorney.

Download Power of attorney for disposal of maternity capital to husband: sample.