Managing partner of “Leges-Bureau”, member of the Russian Lawyers’ Association Maria Spiridonova in an interview with the agency “Prime” recalled the rules for dividing property in Russia and told in what cases a spouse does not have the right to claim your housing.
First of all, such cases include property that belonged to each of the spouses before marriage, as well as property received by one of the spouses during marriage as a gift, by way of inheritance or other gratuitous transactions.
This includes, among other things, the privatization of an apartment. From a legal point of view, privatization is a free transfer to the ownership of citizens on a voluntary basis of the residential premises they occupy in the state and municipal housing stock. Thus, the privatized apartment will not be the common property of the spouses.
“Property acquired during marriage, but with personal funds belonging to one of the spouses, will not be subject to division,” the lawyer said. However, she explained that the court can recognize the personal property of one spouse as common if during the marriage they invested common money or personal money of the second spouse in it, and the investments significantly increased the value of the property.
Spiridonova recalled that the property rights and obligations of spouses in marriage and upon its dissolution can be defined in the marriage contract. In this case, the lawyer explained, the spouses also have the right to establish a regime of joint, shared or separate ownership of all the spouses’ property, its individual types or the property of each of the spouses, both acquired before marriage and during marriage.
Earlier it became known that a Russian businessman put up for sale an apartment where a woman with three children is registered. The man legally bought the dwelling and has every right to dispose of it, but the Russian woman also has the right to live in the apartment for life – like her children.
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