Can you sell a car on someone else’s behalf?
The vehicle owner is the person to whom the vehicle is registered, who also owes the vehicle tax. These 3 legal positions do not have to be identical. Of course, only the owner can sell and thus transfer ownership, who, as mentioned, does not have to be identical to the keeper.
Can I sell a car if I’m not the owner?
Since neither the vehicle registration document nor the vehicle registration document determines ownership, you as the current owner are free to make decisions about the vehicle. You can even do this without a power of attorney. If the car is yours, you can do whatever you want with it. If she writes you a power of attorney, that shouldn’t be a problem.
What do I have to consider when buying a car privately?
You deregistered the car before the sale or specified a timely re-registration in the purchase contract. The vehicle is paid for immediately in cash by the buyer. They don’t take a deposit. You hand over all papers (registration certificate part I and II, checkbook, etc.)
Can I sell my husband’s car?
The father can sell the car because he has the vehicle, the registration papers and the keys. There is no theft of a car because the father did not steal the vehicle. A return after sale is therefore excluded. Your girlfriend can only claim damages after a sale.
Who can sell a vehicle?
Conclusion, property can only be sold by the owner. The car can be sold by the owner, i.e. the person who bought it, or another person commissioned by him. It doesn’t matter who is in the letter (registration certificate part 2). It even says it’s not proof of ownership.
Who owns the car in marriage?
If the car belongs to one spouse alone, the vehicle is not included in the distribution of household effects. Rather, the car belongs to the respective final assets in the equalization of gains and is recorded there in terms of value.
Who legally owns a car?
The vehicle is registered to the person who is in the papers. The owner is the one who actually has the vehicle in his power at the moment, the owner is the one who bought it, i.e. who signed the purchase contract and paid the purchase price. The father becomes the owner.
Can the husband take the car away?
Each spouse has their “own property” – there is no joint property unless specifically regulated. If your husband does in fact own the car, you could have a property right that would allow you to take possession of the car now.
Who owns the salary in marriage?
During marriage, the matrimonial property regime does not affect the couple’s ownership structure. The law stipulates that each spouse uses and manages their assets independently. Marriage does not mean that what belongs to one also belongs to the other.
What rights as a wife?
With the civil marriage, the spouse has the right to establish the marital union. This includes living together up to sexual intercourse. The spouses have a mutual obligation to support the family adequately through their work and their property.
Who Owns Inherited Money in Divorce?
If the inherited property is modernized after marriage and the value increases as a result, it is also part of the owner’s gains. This also applies to increases in the value of the land between the inheritance and the delivery of the divorce application as a result of increased real estate prices.
Is an inheritance divided in a divorce?
If you and your spouse live in community of property, an inheritance made by one of the spouses during the marriage must be divided equally in the event of a divorce. Keep in mind that the agreement of a community of property is a special case.
Is an inheritance an asset in marriage?
In the case of an inheritance, this is not a problem. As long as the testator has not explicitly included the spouse of his heir in the will, the inheritance is a personal donation. It was then not paid on the basis of the marriage and is therefore included in the initial assets.
Is an inherited house an asset in a divorce?
In the event of a divorce, an inherited house is generally not included in the equalization of gains. If a spouse inherited the house and later expanded or modernized it, only the increase in value is included in the equalization of gains. In principle, an inheritance received during the marriage cannot be settled.
What is gain in divorce?
The gain is the difference between a partner’s final wealth at divorce and their initial wealth at marriage. The law assumes that, in principle, both spouses should each share half of the capital growth during the marriage.
How is the value of a property determined in a divorce?
There are two types of appraisals that can be used for a property valuation in the event of a divorce. A short report and a so-called market value report. A short appraisal provides a brief and clear overview of what a property is worth. All value-relevant factors and documents are taken into account.
Are heirs entitled to equalization of gains?
1 BGB, a right to an equalization of accrued gains only passes to the heirs of the deceased spouse if the latter acquired it during his or her lifetime. However, the right to equalization of accrued gains only arises when the marital property regime ends. A claim that does not exist cannot be inherited.
What does not count towards gain?
Compensation for home ownership. If the spouses acquire a house together during the marriage, the house is part of the assets and is therefore part of the gain. The value of the house on the day of the inheritance is included in the initial assets of the inheriting spouse and is therefore not taken into account in the settlement of the gain.
What happens if a spouse inherits?
If the spouses have agreed on community of property in the marital property regime, the surviving spouse inherits first-degree relatives (e.g. children, grandchildren, great-grandchildren) one quarter of the estate, the other heirs receive three quarters.
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