New rules for parents and spouses: how consents for property transactions will now be formalized
In the Official Bulletin of Ukraine (issue No. 48) the Ministry of Justice order was published, introducing new requirements for formalizing consents for certain property transactions, in particular, now in specified cases a full notarial certification is required instead of just signature authentication.
The changes came into effect on June 13 and concern transactions involving children's property, joint property of spouses, as well as property transferred under management agreements or encumbered by mortgage or pledge.
From now on, for a number of property transactions, not just the authentication of the signature on the application is required, but a full notarial certification of consent. This applies to:
- concluding transactions by one of the parents (adopters) regarding the property of a minor, as well as transactions concluded by a minor regarding their property (consent of the other parent (adopter) is not required if one parent is captured or held hostage/interned in neutral countries/missing under special circumstances or declared missing/has lived separately from the child for at least six consecutive months and does not participate in their upbringing and maintenance/their place of residence is unknown);
- concluding transactions by one spouse regarding joint property if the document certifying ownership is issued in the name of one spouse;
- concluding transactions by a person regarding alienation or pledge/mortgage of property transferred under a management agreement;
- concluding transactions by one spouse regarding pledge/mortgage of property that is joint property of the spouses.
Such consents must be made on special notarial document forms. They are prepared by a notary in at least two copies, one of which remains in the notary's file.
The procedure for collecting state duty when certifying such documents by state notaries is set at the rate of 0.03 of the non-taxable minimum income of citizens (currently 0.51 UAH).
At the same time, the principle of the irreversibility of laws and other normative legal acts over time operates.
It is also emphasized that the principle of irreversibility of laws over time applies: previously notarized consent statements remain valid and can be used further.
It is important that officials of local self-government bodies are not authorized to certify the consents mentioned above.
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