A spouse may waive his/her personal share in the right to an apartment purchased during marriage using maternity (family) capital funds by means of a marriage contract.
Spouses have the right, at their own discretion, to change the regime of common joint ownership of property acquired during marriage (or part of it), both on the basis of a marriage contract and on the basis of any other agreement that does not contradict the norms of the current legislation (The Determination of the Supreme Court of the Russian Federation of November 24, 2015 No. 18-КГ15-203, of September 10, 2019 No. 18-КГ19-82).
Spouses have the right, at their own discretion, to change the regime of property acquired during marriage, as well as to include in the marriage contract and other agreement any conditions that do not contradict the law, including on the disposal of the personal property of each of the spouses. This is not prohibited by Art. 38 of the RF IC and cannot be interpreted as a violation of the law (The Determination of the Supreme Court of the Russian Federation dated 10.09.2019 No. 18-КГ19-82).
Conclusion:
By concluding a marriage contract that determines the fate of common marital assets, as well as the fate of a share in the right in common shared ownership of disputed real estate, the marriage contract achieves legal certainty regarding the owner of such a share in the right, the ownership of which arose earlier by virtue of the law on the basis of the use of maternal (family) capital (exception to the contribution principle).
Spouses have the right, at their own discretion, to change the regime of common joint ownership of property acquired during marriage (or part of it), both on the basis of a marriage contract and on the basis of any other agreement that does not contradict the norms of the current legislation (The Determination of the Supreme Court of the Russian Federation of November 24, 2015 No. 18-КГ15-203, of September 10, 2019 No. 18-КГ19-82).
Spouses have the right, at their own discretion, to change the regime of property acquired during marriage, as well as to include in the marriage contract and other agreement any conditions that do not contradict the law, including on the disposal of the personal property of each of the spouses. This is not prohibited by Art. 38 of the RF IC and cannot be interpreted as a violation of the law (The Determination of the Supreme Court of the Russian Federation dated 10.09.2019 No. 18-КГ19-82).
Conclusion:
By concluding a marriage contract that determines the fate of common marital assets, as well as the fate of a share in the right in common shared ownership of disputed real estate, the marriage contract achieves legal certainty regarding the owner of such a share in the right, the ownership of which arose earlier by virtue of the law on the basis of the use of maternal (family) capital (exception to the contribution principle).