Can Husband Sell a Co-Owned Car Without Wife’s Consent? – Law In A Minute

The Fiscal Fairytale of Bob and Barbara: A Decade of Domestic Bliss

In the suburban sprawl where love and pragmatism intertwine, Bob and Barbara celebrated their tin anniversary. Their matrimonial harmony was sustained by a simple, charming ritual: Bob, ever the doting husband, surrendered his entire paycheck to the queen of his heart, Barbara, who in turn, bestowed upon him a princely sum of 500 Yuan each month for his personal indulgences.

Now, you may wonder, how does a grown man navigate the economic jungle with such a meager allowance? Fear not, for Barbara, the domestic goddess, had it all figured out. She was the master chef, crafting three delectable meals daily, ensuring Bob’s belly was always as full as their shared bank account.

Bob, a steadfast cog in the corporate machine, found his office life as thrilling as watching paint dry. His only respite? Diving headfirst into the digital sea of TikTok sirens and live-streaming nymphs, where dreams of digital dalliances danced in his head.

To catch the eye of these modern-day muses, one must offer a tribute of virtual gifts. And so, Bob, armed with his secret stash saved from the days of yore, showered his chosen one with digital tokens of affection.

Yet, the path to a streamer’s heart is paved with e-commerce receipts. Bob’s coffers weren’t exactly overflowing with the necessary capital for such pursuits. Thus, hatched a plan most bold—sell the five-year-old chariot that bore his name, and feign its theft. This brilliant scheme would fill his pockets with a small fortune.

But alas, Barbara, sharper than the edge of Occam’s razor, saw through the ruse. With a flick of her wrist and a few well-placed calls, she unraveled Bob’s web of deceit. Is the sale valid?

Law In A Minute

The sale is valid, and the buyer is not required to return the car.

Despite the fact that the car was acquired subsequent to Hansel and Gretel’s marriage and is jointly owned by them, the registration documents only bear Hansel’s name. To the outside world, there is no indication that Gretel holds any ownership interest in the vehicle.

Furthermore, the buyer purchased the car at its fair market value, and the legal transfer of ownership has been completed. Consequently, it can be inferred that the buyer acted in good faith, and the sale stands as legitimate.

Legal Basis

Civil Code

Article 301

The disposition of co-owned immovable property or movable property, as well as significant repairs, alterations of nature, or changes to the use of co-owned immovable or movable property, shall be subject to the consent of co-owners holding more than two-thirds of the shares or the unanimous consent of all co-owners, except as otherwise agreed upon among the co-owners.

Article 311

If a person without the right to dispose of immovable or movable property transfers it to a transferee, the owner has the right to reclaim it; however, the transferee acquires ownership of the immovable or movable property if the following conditions are met, unless otherwise stipulated by law:

  1. The transferee was acting in good faith at the time of receiving the immovable or movable property;
  2. The property was transferred at a reasonable price;
  3. For immovable or movable property that should be registered according to the law, the transfer has been duly registered; for property that does not require registration, it has been delivered to the transferee.

If the transferee obtains ownership of the immovable or movable property under the provisions of the preceding paragraph, the original owner is entitled to seek damages from the person without the right to dispose.

If a party acquires other property rights in good faith, the provisions of the previous two paragraphs should be referred to and applied accordingly.

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