If an apartment was purchased under a equity participation agreement before marriage, but the ownership right to it was registered in the Unified State Register of Real Estate during the marriage, then the apartment is still not considered the joint property of the spouses.
Case Facts:
21.11.05 V.N. Denezhny and OOO Stroitelnaya Kompaniya Variant entered into a shared construction agreement (hereinafter referred to as the equity participation agreement) in relation to property rights to a 3-room apartment worth 1,257,284 rubles.
The full cost under the equity participation agreement is paid by V.N. Denezhny by 25.01.06.
02.09.06, A.I. Denezhnaya and V.N. Denezhny registered their marriage.
22.01.07, the apartment under the equity participation agreement is transferred based on the acceptance certificate to V.N. Denezhny.
31.01.07, V.N. Denezhny's ownership right to the apartment is registered in the Unified State Register of Real Estate.
Position of the Supreme Court of the Russian Federation:
1. A necessary condition for recognizing property as joint is its acquisition by the spouses during the marriage.
2. The ownership right to the disputed apartment arose on the basis of the equity participation agreement dated 21.11.05, that is, before the marriage of the parties. The shareholder under this agreement is V.N. Denezhny, the obligation to pay the cost of the apartment is assigned to V.N. Denezhny and is his personal obligation.
3. The fact of repayment during the marriage of the personal debt of one of the spouses under the obligation arising from the equity participation agreement concluded before the marriage, as well as the fact of registration of ownership of the apartment during the marriage, in accordance with the provisions of Art. 34 of the RF Family Code are not grounds for recognizing the residential premises as the common joint property of the spouses.
4. In accordance with the legal position set out in the Determination of the Constitutional Court of the Russian Federation dated 01.03.11 No. 352-O-O, the fulfillment by a spouse of a personal obligation that arose before the marriage, at the expense of 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 Dеtermination of the Supreme Court of the Russian Federation No. 19-KG25-6-K5 dated 13.05.25.
21.11.05 V.N. Denezhny and OOO Stroitelnaya Kompaniya Variant entered into a shared construction agreement (hereinafter referred to as the equity participation agreement) in relation to property rights to a 3-room apartment worth 1,257,284 rubles.
The full cost under the equity participation agreement is paid by V.N. Denezhny by 25.01.06.
02.09.06, A.I. Denezhnaya and V.N. Denezhny registered their marriage.
22.01.07, the apartment under the equity participation agreement is transferred based on the acceptance certificate to V.N. Denezhny.
31.01.07, V.N. Denezhny's ownership right to the apartment is registered in the Unified State Register of Real Estate.
Position of the Supreme Court of the Russian Federation:
1. A necessary condition for recognizing property as joint is its acquisition by the spouses during the marriage.
2. The ownership right to the disputed apartment arose on the basis of the equity participation agreement dated 21.11.05, that is, before the marriage of the parties. The shareholder under this agreement is V.N. Denezhny, the obligation to pay the cost of the apartment is assigned to V.N. Denezhny and is his personal obligation.
3. The fact of repayment during the marriage of the personal debt of one of the spouses under the obligation arising from the equity participation agreement concluded before the marriage, as well as the fact of registration of ownership of the apartment during the marriage, in accordance with the provisions of Art. 34 of the RF Family Code are not grounds for recognizing the residential premises as the common joint property of the spouses.
4. In accordance with the legal position set out in the Determination of the Constitutional Court of the Russian Federation dated 01.03.11 No. 352-O-O, the fulfillment by a spouse of a personal obligation that arose before the marriage, at the expense of 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 Dеtermination of the Supreme Court of the Russian Federation No. 19-KG25-6-K5 dated 13.05.25.