Fulfilment of a premarital obligation to pay for real estate using common marital funds does not make the property joint.
N. Yu. Priymacheva filed a claim with the court against the heirs of her husband to recognise ½ of the share in the right of ownership of non-residential premises as joint marital property, arguing that during the marriage the spouses paid for the cost of the said non-residential premises using joint funds under a purchase and sale agreement concluded before the marriage.
Position of the Supreme Court of the Russian Federation:
The fact of repayment during the marriage of a personal debt of one of the spouses under an obligation arising from a purchase and sale agreement concluded before the marriage, in accordance with the provisions of Article 34 of the RF Family Code is not grounds for recognising this object as the joint property of the spouses, since the fulfilment by the spouse of a personal obligation that arose before the marriage, using the joint income of the spouses, gives the other spouse the right to demand reimbursement of half of the funds spent, taking into account the proof of the fact of incurring such expenses.
The Determination of the Supreme Court of the Russian Federation No. 16-КГ24-32-K4 dated 18.03.25.
N. Yu. Priymacheva filed a claim with the court against the heirs of her husband to recognise ½ of the share in the right of ownership of non-residential premises as joint marital property, arguing that during the marriage the spouses paid for the cost of the said non-residential premises using joint funds under a purchase and sale agreement concluded before the marriage.
Position of the Supreme Court of the Russian Federation:
The fact of repayment during the marriage of a personal debt of one of the spouses under an obligation arising from a purchase and sale agreement concluded before the marriage, in accordance with the provisions of Article 34 of the RF Family Code is not grounds for recognising this object as the joint property of the spouses, since the fulfilment by the spouse of a personal obligation that arose before the marriage, using the joint income of the spouses, gives the other spouse the right to demand reimbursement of half of the funds spent, taking into account the proof of the fact of incurring such expenses.
The Determination of the Supreme Court of the Russian Federation No. 16-КГ24-32-K4 dated 18.03.25.