Buying an apartment - can you make a deal without the husband's consent.

In 2025, Ukrainians face legal challenges during real estate transactions. One of the most common is whether you can buy an apartment without the consent of your husband or wife. A proper understanding of the norms of the Family and Civil Codes of Ukraine allows avoiding problems and inconveniences.

According to Ukrainian legislation, property acquired during marriage is considered joint ownership regardless of registration, experts emphasize. Therefore, a real estate purchase agreement requires the consent of both spouses.

Why it's not possible to buy an apartment without the husband's consent

The notary will refuse to certify the contract without the written notarized consent of both parties. The contract can be declared invalid, and the buyer risks losing money. Court practice remains strict regarding violations.

When consent is not required: exceptions that prove the rule

The law provides for cases when the husband or wife's consent is not required, for example, property acquired before marriage or received as a gift. However, all exceptions need documentary confirmation.

How to properly arrange consent

The procedure for arranging consent has detailed requirements. Both spouses must be present at the notary, have the necessary documents with them, and sign the application. If one of the spouses cannot be present, there are alternative options.

What is the duration of such consent

The law does not limit the duration of consent, but it is recommended that it be arranged no later than 30 days before the transaction.

What if the marriage is dissolved or the husband is missing

Divorce terminates the regime of joint ownership, so after divorce, consent is no longer required when buying. However, it is necessary to have documents about the divorce. In the case of one spouse's absence, a power of attorney or court decision is required.

How to protect yourself when buying an apartment

Checking the seller's marital status, requiring written consent from the spouse, and ensuring a source of funds are important aspects before signing any documents of the transaction.

What else Ukrainians should know

In 2025, legislation provides for a mechanism for eviction from shared housing after divorce and emphasizes the importance of due diligence when purchasing housing. Even with notarial support for the transaction, all legal aspects should be followed.

The submitted news about Ukrainian citizens facing legal issues in real estate transactions highlights the importance of both spouses' consent when purchasing housing. The legislation provides for exceptions, but they need to be documented to avoid misunderstandings. Detailed requirements for arranging consent and important aspects when making agreements are also emphasized in the text.