Rus News Journal

JUrkonsultatsija: How to deduce apartment from the joint property of spouses

the Question: Apartment in the share property of parents. The son, the daughter - in-law and the child live in apartment, and the son and the child are registered. How to translate apartment on the son that at possible divorce the daughter - in-law had no rights to a share in apartment.

Igor Nikolaevich

the Answer: In a considered situation to renew apartment from parents on the son it is the most expedient by fulfilment by parents of the transaction of donation of shares belonging to them in favour of the son. In that case presented apartment on the force of the law will not be the joint property of spouses since according to article 256 of the Civil code of the Russian Federation the property belonging to each of spouses to the introduction into marriage, and also received by one of spouses during marriage as a present or as inheritance, is its property.

Yours faithfully, Shilov Dmitry,
the lawyer of Independent analytical agency
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