How to re-register a car to your wife without deregistration under a marriage contract

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.

Car gift for wife

You can write the document yourself: print it on a printer or by hand. In triplicate: to each of the spouses and to the registration authority.

Important: a notary is not needed.

The 13 percent tax is not paid.

Attention! If a car was purchased on credit and is pledged, then it can be donated only with the consent of the bank (pledger). If a car is seized, then transactions with it are impossible at all.

To avoid paying tax, you should contact the tax authorities and provide a copy of your marriage certificate.

If the spouses divorce in the future, the husband will not be able to claim the 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.

What documents are needed to re-register a car?

You need to collect a certain package of documents and contact the appropriate authorities. But often people do not know what documents may be required. So, you will need:

Two passports of Russian citizens – wife and husband.
A passport for the car itself is also required.
A document confirming the registration of the car.
A document indicating the place of registration of the spouses.

And, of course, you need to write a statement or draw up a purchase and sale agreement, or present a will. In each case, everything is individual.

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.

Transferring the car to the wife under a prenuptial agreement

Husband and wife have the right to sign a marriage contract. There they indicate that the owner of the car is the wife.

Important: The transaction is certified by a notary. The state duty is 500 rubles.

Re-registration of a car to the wife by signing an agreement on the division of property between the wife and husband

The agreement procedure is formalized by a notary.

The essence of the agreement is that the spouses, by mutual agreement, establish that their particular car (individual details) is the property of the wife.

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.

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.

Where to go for re-registration

To re-register a car, spouses should contact the territorial traffic police department (MREO). Moreover, the law does not establish the obligation to apply at the place of residence: you can choose any one in the administrative-territorial unit (Order of the Ministry of Internal Affairs of Russia dated 08/07/2013 N605, which approved the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of public services for the registration of motor vehicles and trailers for them, section II, paragraph Name of public service).

You must first go to the site via the Internet and use the appointment service for the selected time. The applicant will need to appear at the traffic police station at the specified time.

MREOs provide the opportunity to pay the state duty on the spot ; employees provide details for payment. Payment is made through the terminal.

If a citizen pays the state fee through the State Services website in cashless form, then he is given a 30% discount (Federal Law “On Amendments to Chapter 25.3 of Part Two of the Tax Code of the Russian Federation” from November 7, 2018).

The state fee without changing plates will be 850 rubles. (500+350), and with replacement – 2850 (2000+500+350) rubles.

Accordingly, with a discount, the state duty will be 595 rubles. (350+245) and 1995 rub. (1400+350=245), according to clause 36. pp. 37, paragraph 38, paragraph 1, art. 333.33 Tax Code of the Russian Federation.

To re-register, the car must be physically available . It is placed on a special platform, where MREO employees conduct an inspection and check the numbers.

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.

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.

Despite the fact that the property of spouses acquired during marriage is common joint property, for the traffic police authorities there can be only one owner. The spouse who owns the car pays taxes for it, fines and bears other encumbrances.

The following methods are suitable for transferring a car to another spouse:

present;
marriage contract;
property division agreement.

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 procedure for re-registration of a car

Re-registration of vehicle licenses is carried out through the State Traffic Safety Inspectorate. For this purpose, the norms of Order of the Ministry of Internal Affairs of the Russian Federation dated August 7, 2013 No. 605, which approved the Administrative Regulations for vehicle registration, are applied.

When transferring rights from husband to wife, the following rules will apply:

a change in ownership occurs by conducting registration records, issuing a new vehicle registration certificate, and making a corresponding entry in the title;
there is no need to deregister the car and re-register it, since the registration address does not change (if spouses live separately in different regions, you will have to register the car at the wife’s place of residence);
changing state numbers is not necessary, as this is decided by the parties to the transaction themselves.

For registration purposes, an application can be submitted not only to the traffic police department, but also through the MFC, the government services portal. However, attendance at the traffic police is still mandatory, since during re-registration the vehicle is inspected.

The re-registration process occurs as follows:

the woman must come with documents directly to the traffic police department at her place of residence;
for registration, an application is filled out in the form approved by Order of the Ministry of Internal Affairs No. 605;
to verify the VIN identification code and the numbers of the main units, you need to submit the vehicle for inspection to the traffic police;
checking documents using the traffic police database will take no more than an hour;
The woman will receive a vehicle registration certificate on the day of application, and the entry in the PTS will be certified by traffic police officers.

If a woman does not have a driver's license, any person with a power of attorney can present the car for inspection. Refusal of registration is permitted in the presence of prohibitions and arrests reflected in the traffic police database. Problems may also arise if, during inspection of the car, a discrepancy between the VIN code and the information in the vehicle passport is revealed. In this case, the traffic police officer may require a technical examination.

After receiving a vehicle registration certificate, a woman can dispose of the car at her own discretion. However, you will also have to take into account the norms of the Civil Code of the Russian Federation and the Investigative Committee of the Russian Federation - when selling or donating property owned by joint ownership, the notarized consent of the second spouse is required. Since the re-registration of rights to the wife does not affect the joint ownership regime, the husband’s consent to the sale or gift to third parties will be a prerequisite.

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.