Everyone who owns a plot will lose their land
- 13:15 November 25
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- Lena Levitskaya
Lawyer Irina Sivakova believes that a land plot received by one of the spouses during marriage on the basis of permanent use and then privatized is their joint property. In this regard, the notary’s requirement to obtain the approval of the ex-spouse for the donation transaction of this plot is quite justified.
However, as the Supreme Court of the Russian Federation notes, after a divorce, the consent of the second spouse to transactions with joint property is not mandatory. Thus, a woman has the right to draw up a donation agreement for a plot with her mother and register it in the Unified State Register of Real Estate without the knowledge of her ex-spouse.
It is important to note that the second spouse can challenge such a transaction within a year if he can prove that the donee knew…