Deed Of Sale Of Motor Vehicle
DEED OF SALE OF MOTOR VEHICLE
KNOW ALL MEN BY THESE PRESENTS:
That I, (name of seller), Filipino, of legal age, a resident of (address of seller), is the lawful owner of a certain motor vehicle which is more particularly described as follows:
MAKE: MOTOR NO.: SERIES: SERIAL/CHASSIS NO.: TYPE OF BODY: PLATE NO.: YEAR MODEL: FILE NO.: C.R. NO.:
That for and in consideration of the sum of (amount in words) (P 000.000.00), Philippine Currency, receipt whereof is hereby acknowledged to my entire satisfaction, I hereby sell, transfer and convey by way of Absolute Sale unto (name of buyer), Filipino, of legal age, and resident of (address of buyer), the above described motor vehicle, free from all liens and encumbrances.
IN WITNESS WHEREOF, we have hereunto affixed our hands this ____ day of _______________ at ________________, Philippines.
(NAME OF SELLER) (NAME OF BUYER)
Seller Buyer
WITH MARITAL CONSENT:
________________________ _________________________
Name of Seller’s Spouse Name of Buyer’s Spouse
SIGNED IN THE PRESENCE OF:
__________________________ ____________________________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
_____________________________ ) SS.
BEFORE ME, a Notary Public for and in the City of ___________________, this ___________________, personally appeared:
Name SSS Nos. / Driver’s License No.
(Name of Seller) ____________________________
(Name of Buyer) ____________________________
who are known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged to me that the same is their own free act and voluntary act and deed.
This instrument, consisting of (__) pages, including the page on which this acknowledgment is written, has been signed on the left margin of each and every page hereof by the concerned parties and their witnesses, and sealed with my notarial seal.
WITNESS MY HAND AND SEAL, at the place and date above-written.
Notary Public
Doc. No. ……..;
Page No. …….;
Book No. …….;
Series of 2010.
What is the formal type of paper to use for this kinds of documents?
It is usually printed on a long bond paper.
is their a possibility to remove or waive the Marital consent if the CR of the vehicle named only to the husband or wife?
This depends on the property relations between the spouses and the time the vehicle was acquired. If they got married before August 3, 1988, the default property relations would be conjugal partnership of gains (CPG). If they got married on or after August 3, 1988, the default property relations would be absolute community of property (ACP). Of course, they could have entered into a marriage settlement.
If CPG and vehicle was acquired prior to marriage, marital consent can be waived.
If CPG and vehicle was acquired during the marriage, marital consent cannot be waived (there is a presumption that whatever you acquired during the marriage was acquired using common funds, unless this was through inheritance or the exclusive funds of the acquirer).
If ACP, marital consent cannot be waived – whatever one brings to the marriage is considered property of the marriage.
Please note that this is based only on what I understand about the rules. I am not a lawyer.