Is It Required for Both Husband and Wife to Sign the Sales Contract When Purchasing Land During the Marriage Period?
Purchasing Land During Marriage: Is it Mandatory for Both Husband and Wife to Sign in the Sale Contract?
According to Article 35 of the Law on Marriage and Family 2014, regulations on possession, use, and disposal of common property are as follows:
Article 35. Possession, use, disposal of common property
The possession, use, and disposal of common property are agreed upon by the husband and wife.
The disposal of common property must be agreed upon in writing by the husband and wife in the following cases:
a) Real estate;
b) Movable property that, according to the law, must be registered for ownership;
c) Property that is currently the main source of income for the family.
=> Thus, according to the above regulations, when purchasing land during the marriage period, it is mandatory to have the agreement of both husband and wife. In this case, it is compulsory for both husband and wife to sign the notarized contract. If only the husband signs the sale contract, there must be a written authorization from the wife or an agreement stating that the land purchase is using the husband's separate property.
Must Land Purchase Authorization be Notarized at the Place Where the Land is Located?
According to Article 42 of the Law on Notarization 2014, regulations on the scope of notarizing contracts and transactions involving real estate are stated as:
A notary public of a notarial practice organization may only notarize contracts and transactions involving real estate within the province or centrally run city where the notarial practice organization is headquartered, except for the cases of notarizing wills, written refusals to receive estates that are real estate, and written authorizations related to the exercise of rights to real estate. => Thus, according to the above regulations, the case of authorization to purchase land is not required to be conducted at the notarial office where the land is located.
Respectfully.
