1. The owner of a dwelling cannot perform actions (transactions) as a result of which each co-owner will own less than 6 sq. m. m of such housing.
Transactions concluded in violation of this rule are void.
Exceptions:
— privatization,
— inheritance,
— purchase of real estate with maternity (family) capital.
Part 1.1 Art. 30 HS RF
2. The time period for the plaintiff's spouse to apply to the court with a claim for the recognition of a transaction made in the absence of the respondent's spouse's consent as invalid is 1 year.
The one-year period is counted from the moment when the plaintiff's spouse knew or should have known about the sale of property.
The "presumption of good faith" of the buyer of common matrimonial property has been introduced.
That is, the claimant spouse has the burden of proving that the buyer knew or should have known that the consent of the claimant spouse was required to sell the property.
Paragraph 3 of Art. 35 FC RF
3. The court has the right to deviate from the beginning of the equality of the shares of the spouses in their common property, if the respondent spouse committed unfair actions that led to a decrease in the common property.
Unfair action is, among other things, the commission by the defendant spouse on unfavorable terms of transactions that meet two criteria:
— transactions were made without obtaining the necessary by virtue of paragraph 3 of Art. 35 RF IC consent of the plaintiff's spouse,
— the court did not apply the consequences of their invalidity at the request of the plaintiff's spouse to the transactions.
Paragraph 2 of Art. 39 RF IC
Federal Law No. 310-FZ of July 14, 2022 "On Amendments to the RF IC and Certain Legislative Acts of the Russian Federation"