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Date: 3 weeks ago   Category: Law

Decision of the Supreme Court: debtors can't rewrite property on the family


The court has considered case in which the husband and the wife divided property, and the spouse has owed to a certain person about 2 million rubles of the Photo: depositphotos.com Debtors can't rewrite property on the family — such decision was passed by the Supreme Court, considering case in which spouses divided the property. At the same time the head of family owed a certain citizen about 2 million rubles, and police officers have already seized two of his houses. As events developed further, Business FM was told by the special correspondent of Rossiyskaya Gazeta Vladislav Kulikov:vladislav Kulikov the special correspondent of Rossiyskaya Gazeta "The wife of a certain man has appealed to court, I have demanded to divide property without divorce. People have such right, they can divide property, even being in marriage. The court has met halfway, have concluded the settlement agreement, and the man has oddly arrived very nobly: he has completely met all requirements of the wife, that is has given actually everything and has rewritten on the wife and the daughter. And then it has become clear that actually they had a thin calculation. The man owes about 2 million rubles and after he has rewritten to take from him it has appeared there is nothing therefore the execution creditor has filed a complaint to the Supreme Court. That, considering this case, I recognized that inferior courts have really done wrong: it was impossible to approve the settlement agreement as it infringes on the interests of the third parties. Really, the personal obligation is always a personal obligation, but it is necessary to understand. If the person undertook a debt, but money has been spent for family, or the family took, then the family has to answer and in case of the section of property it is necessary to divide also a debt. If the man undertook only, then in what degree he has to bear responsibility". Business FM has asked to comment on the decision of the Supreme Court the lawyer of the Ilyashev and Partners company Maksimilian Grishina: — the Practician this isn't new, the Supreme Court in this case hasn't introduced any short stories, he has only summed up approximately ten-year way of development of the relations between creditors and unfair debtors in the category of the family relations. — In what case of the spouse do divide property without divorce? — Sense from the point of view of the legislation in protecting the interests of one of spouses that on this property it was impossible to turn collecting on debts of other spouse, well and somehow to simplify also a burden of contents, and, perhaps, the order. That is in case the property is already divided, if necessary to realize this property it won't be necessary to receive the consent of the second spouse. Perhaps, it becomes for simplification of such moments if we don't speak about any unfair behavior. Decisions of the Supreme Court — a reference point for vessels of subordinate instances. To add BFM.ru to your sources of news?

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