It will no longer be possible to sell jointly owned property without notarized consent: what has changed for married couples in 2026

Following the entry into force of Law No. 4824-IX, the rules governing the formalization of legal transactions involving marital property have changed in Ukraine. The new provisions concern both the procedure for obtaining consent from one spouse to dispose of joint property and the transfer of property to children. The legislature has tightened the requirements for the notarization of such documents while simultaneously simplifying certain procedures for families with children.

One of the key changes involves an updated approach to obtaining the consent of the other spouse for the sale, gift, or other disposition of property held in joint ownership. Whereas previously, in many cases, a statement with a notarized signature was sufficient, the law now explicitly stipulates that such consent must be formalized exclusively as a notarized legal transaction.

This refers to contracts that require notarization or state registration—specifically, the sale or purchase of real estate, gifts, mortgages, or other transactions involving the spouses’ joint property. The absence of a properly executed consent may serve as grounds for declaring the transaction invalid.

The amendments were made to align the provisions of the Family Code of Ukraine with those of the Civil Code, which already contained requirements for the notarization of co-owners’ consent in cases involving the disposal of property subject to state registration or notarization.

At the same time, the law continues to operate on the presumption that when one spouse enters into a contract, they do so with the consent of the other. However, if it is proven that the transaction was entered into without the actual consent of the other spouse and does not constitute a minor household matter, such an agreement may be challenged in court.

The legislature has specifically clarified that declarations of consent executed under the old rules prior to May 25, 2026, remain valid for the transactions for which they were issued.

When certifying consent, the notary verifies a number of important circumstances: the date of acquisition of the property, whether the parties were married at the time of acquisition, the legal regime of ownership, the identity of the applicant, and their authority. The notary also verifies that the expression of will is voluntary and that the document complies with legal requirements.

To obtain a notarized consent, you generally need to provide your passport, TIN, marriage or divorce documents, title deeds for the property, and information about the future agreement.

It is important to note that even after a divorce, property acquired during the marriage continues to be considered joint property unless otherwise determined by a court or contract. Therefore, the notarized consent of the former spouse is also required for its disposal.

In addition, the law has simplified the procedures for transferring property to children. From now on, if a child acquires real estate, a vehicle, or other valuable property as a gift, permission from the guardianship and custody authority is not required. For example, parents or relatives can execute a gift agreement for an apartment or a vehicle without additional approval from the guardianship authority.

At the same time, the state retains control over cases involving the disposal of property that already belongs to a child. Therefore, permission from the guardianship authority remains required for the sale or other disposal of a child’s property…

At the same time, the state retains control over the disposal of property that already belongs to the child. Therefore, permission from the guardianship authority remains mandatory for the sale or other disposal of a child’s property.

If you have any questions regarding obtaining spousal consent, entering into contracts, or protecting property rights, please consult the lawyers at the “Strategic Advocacy” law firm.