An apartment purchased by spouses during marriage using a military mortgage is divided between them in equal shares.
The Supreme Court of the Russian Federation considered a dispute over the division of residential premises (apartments) purchased during marriage using funds from a targeted housing loan provided by the Federal State Budgetary Institution Rosvoenipoteka, and also expressed its position on the procedure for calculating the limitation period for claims for the division of the common property of spouses.
Position of the Supreme Court of the Russian Federation:
1. The above-mentioned laws do not provide for any restrictions for members of a serviceman's family in the mode and procedure for using residential premises acquired through participation in the accumulative mortgage system of housing provision.
2. An apartment, as acquired by the parties during the marriage through a compensated transaction through the participation of one of the spouses in the accumulative mortgage system, which is one of the forms of housing provision for servicemen, is their jointly acquired property by virtue of paragraph 1 of Article 34 of the Family Code of the Russian Federation.
3. The limitation period for claims for the division of the common property of spouses whose marriage has been dissolved is calculated from the moment when the former spouse became aware of the violation of his or her right to common property, and not from the moment other circumstances arose.
4. The plaintiff learned about the violation of his right to common property only on 26.09.22, having received an extract from the Unified State Register of Real Estate about the existing ban on registration actions in relation to the disputed apartment.
5. The limitation period may only be applied to claims for the division of the common property of spouses whose marriage has been dissolved. The limitation period, by virtue of Article 9 of the Family Code of the Russian Federation, does not apply to the division of the common property of spouses that may be made during the marriage.
1. The above-mentioned laws do not provide for any restrictions for members of a serviceman's family in the mode and procedure for using residential premises acquired through participation in the accumulative mortgage system of housing provision.
2. An apartment, as acquired by the parties during the marriage through a compensated transaction through the participation of one of the spouses in the accumulative mortgage system, which is one of the forms of housing provision for servicemen, is their jointly acquired property by virtue of paragraph 1 of Article 34 of the Family Code of the Russian Federation.
3. The limitation period for claims for the division of the common property of spouses whose marriage has been dissolved is calculated from the moment when the former spouse became aware of the violation of his or her right to common property, and not from the moment other circumstances arose.
4. The plaintiff learned about the violation of his right to common property only on 26.09.22, having received an extract from the Unified State Register of Real Estate about the existing ban on registration actions in relation to the disputed apartment.
5. The limitation period may only be applied to claims for the division of the common property of spouses whose marriage has been dissolved. The limitation period, by virtue of Article 9 of the Family Code of the Russian Federation, does not apply to the division of the common property of spouses that may be made during the marriage.
NB Previously, the position that an apartment acquired by the parties during the marriage through the participation of one of the spouses in the accumulative mortgage system for housing provision for military personnel is the joint property of the spouses was expressed by:
→ The Supreme Court of the Russian Federation in its determination of 24.01.2017 No. 58-KГ16-25;
→ The Constitutional Court of the Russian Federation in its determination of 27.06.2017 No. 1331-O, of 14.05.2018 No. 863-O.
→ The Constitutional Court of the Russian Federation in its determination of 27.06.2017 No. 1331-O, of 14.05.2018 No. 863-O.