If the loan agreement was concluded before the marriage, and payments under it were made during the marriage, then the borrower spouse can be required to pay ½ of each such payment.
Position of the Supreme Court of the Russian Federation:
→ In accordance with the legal position set out in the determination of the Constitutional Court of the Russian Federation dated 01.03.2011 No. 352-O-O, the legislation provides for methods of protecting the rights of a spouse who believes that the personal obligations of the other spouse were fulfilled at the expense of their common property, in particular the right to demand compensation in proportion to his share in the common property of the spouses (according to the rules of Chapter 60 of the Civil Code of the Russian Federation).
→ 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.
Position of the Supreme Court of the Russian Federation:
→ In accordance with the legal position set out in the determination of the Constitutional Court of the Russian Federation dated 01.03.2011 No. 352-O-O, the legislation provides for methods of protecting the rights of a spouse who believes that the personal obligations of the other spouse were fulfilled at the expense of their common property, in particular the right to demand compensation in proportion to his share in the common property of the spouses (according to the rules of Chapter 60 of the Civil Code of the Russian Federation).
→ 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 Determination of the Supreme Court of the Russian Federation No. 19-КГ23-36-K5 dated 05.03.24.