How to re-register a car to my wife without deregistration in 2021? What do you need?

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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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.
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.
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.

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:

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
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.
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

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.

Summing up

Among the different methods and options for registering a car for a wife is drawing up a purchase and sale agreement . If you use it, the family will not have to spend a lot of time standing in line at the notary’s office.

You can also save a decent amount of time. Also, after registration, the wife has full responsibility for the car.

The new legal regulations make it possible to change numbers and significantly simplify the transaction between relatives.

The most important thing is to strictly follow the law and all the rules related to re-registration; you can not only get rid of the suspicions of the traffic police inspection, but also carry out the registration process without the need to collect a huge number of documents.

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:

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.
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.
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.
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.
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.

Why re-register a car?

In most cases, re-registration of a car is required as part of a divorce proceeding. If, by a court decision or by agreement between husband and wife, it was decided that the car will remain with the woman, but at the moment it is registered in the name of the man, then it is necessary to re-register.

The need for re-registration may also arise during marriage. For example, for many categories of women the cost of transport tax is reduced, which is beneficial for the family budget.

There are situations when the husband has large financial obligations and the vehicle is planned to be confiscated by a court decision. In this case, it is easier to re-register the car to your wife. According to the law, they cannot take the car from her . If the car is sold at auction, the woman will receive only half the cost.

In accordance with modern legislation, any person included in the insurance has the right to drive a car. Therefore, the fact that the car is registered to the spouse does not mean that the husband will not be able to drive it .

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

At the legislative level, it is permissible to use several methods of transferring a car to a spouse. Each of them has its own advantages and disadvantages. Before you start collecting documents and starting the procedure, you should decide on the method.

Contract of sale

Concluding a purchase and sale agreement is the most universal and common way of transferring rights to property to a spouse. For the transaction to be free, the following conditions must be met:

Gift deed

An important aspect associated with a gift agreement is that it is desirable to have it in writing. Despite the fact that oral form is also acceptable by law, it will not be an argument in court proceedings.

It is not necessary to notarize the deed of gift. Note that a necessary condition is that the donor has ownership rights to the car, as well as the legal capacity of both parties.

Detailed article on the topic:

Car donation agreement between close relatives

General power of attorney

The transfer of rights under a general power of attorney not only does not imply deregistration of the car, but is not a legal transaction at all. In essence, the owner simply allows the authorized person to use the car and carry out certain manipulations with it, specified in the document.

A general power of attorney is issued only through a notary and has a limited validity period - up to 3 years. If the owner dies under the power of attorney, the car passes to his heirs. Let us note that the wife is the successor in the first place, but if there are children, then they will also receive the right to part of the property.

Re-registering a car to your wife through a general power of attorney should be considered as a last resort. This option is not profitable and entails many difficulties.

Detailed flock on the topic:

What is a general power of attorney for a car and how to formalize it correctly

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.

Package of documents and procedure for re-registration

It is possible to re-register a car from wife to husband and vice versa without deregistration. Paperwork is possible without the presence of the former owner.

Re-registration methods:

At the traffic police department.
In the multifunctional center.
On the State Services portal, after registering in your Personal Account.

You will need a list of documents:

Completed application form.
Purchase agreement, deed of gift or inheritance documents.
Passport.
PTS, registration certificate.
Receipt for state duty.
OSAGO policy. It can be reissued to a husband or wife if the policy is valid.

After this, the documents are checked and the car is inspected by a traffic police officer.

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.

How can you transfer a car without deregistration to your wife while you are married?

There are several ways to transfer a car to a relative. The wife is also a close relative.

Avoiding the bank and bailiffs in case of debt is not the only reason for re-registration. Although transport is common property, it is indivisible. In the event of a divorce, it may be necessary to transfer the car to the spouse.

It doesn't matter whether she has a driver's license. Even if the spouse does not drive a car, she can become a car owner.

The wife must be present when the car is re-registered.

To carry out the procedure, the following conditions must be met:

The car must not be encumbered with a lien, a ban on registration or sale, not seized, etc.
Both spouses have legal capacity and capacity.
Spouses' documents and vehicle documents are valid.

If these conditions are met, then you can re-register the car in one of three ways: through a purchase and sale agreement, by deed of gift or by general power of attorney.

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.

Documents and organizations to visit

After choosing a re-registration method, you need to find out what is needed to re-register the car to your wife. To do this, you will need to prepare a package of documents and visit certain authorities.

When answering the question, what documents are needed to re-register a car to your wife, you can note:

Personal documents - Russian passports of both spouses.
Car passport.
A document to confirm the place of registration.
Vehicle registration documents.

To re-register, you should contact the traffic police . Now the procedure for deregistering a car can be completely replaced by a simpler replacement of registration information.

In this case, you can give or sell the car to your wife, but the numbers remain the same. The re-registration time takes 10 days from the moment the owner contacts the traffic police.

Despite this, some difficult situations are possible that may delay the process somewhat. This should be taken care of in advance.

If you do not deregister the car during registration, the procedure will go much faster and will not take much time . Changing your number is a rather painstaking process.

You will first need to write an application, wait for the numbers to be produced and assigned to the new owner. Based on this, we can conclude that leaving the old license plates will save time and money.

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:

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.
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.
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.
Visit the State Traffic Inspectorate on time and provide a package of documentation.
Wait until the procedure for re-registering the car to your wife is completed and receive the completed papers.

The cost of re-registration of a car

Before describing the re-registration process itself, it is worth indicating how much it costs to re-register a car for your wife. The procedure associated with re-registration is not free.

You will need to pay a certain amount for documents and registration services. Here are the two main payments that will need to be made when registering a car in 2021:

Drawing up a purchase and sale agreement – 1000 rubles.
The state fee for making changes to the PTS data is 200 rubles.

If you take out insurance, you will have to pay for it too . This document is not required if the car is registered without simultaneous deregistration.

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:

On the list.
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.”
Click on the item “change vehicle owner data”.
Read information about the service and indicate its type.
Fill out the online form. It will contain information about the vehicle and the new owner.
Select the traffic police department to which you will contact.
Submit the form and wait for the system to process it.
At the appointed time, contact the authorized body with a prepared package of documentation.

Do I need to change insurance when re-registering a car?

It is not necessary to change the insurance; it can only be reissued to the new owner of the car.

Before submitting documents to the traffic police, you must first renew your MTPL insurance policy.

In order not to change insurance, the husband must submit an application to the insurance company with which he entered into an agreement.

When an insurance company employee receives a written application to change information on the policy, he must make changes to the “Special Notes” section, where he should indicate that another person is a party to the contract and indicate the date of the changes made.

Knowing how to correctly re-register a car from a husband to a wife during marriage, you will protect yourself as much as possible from unnecessary payments, save on state fees, and will also be able to re-register a car quickly if you contact the State Services portal.

Not long ago, the process of re-registering a car was simplified: today the owner of the vehicle does not need to deregister it. And the new owner can re-register the car; the old owner does not have to be present.

You can transfer a car from a husband to a wife by concluding a purchase and sale agreement or a gift agreement.

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