Lose land: everyone who owns a plot of land

In the 90s, the daughter received from her parents a garden plot for use, which was subsequently privatized in her name during her marriage. A year after the completion of privatization, the couple divorced. Now the woman wants to donate this plot to her mother, but is faced with a notary’s demand to provide her ex-husband’s consent to make a deed of gift. The question arises: how legitimate is this requirement?

Lawyer Irina Sivakova explains that a plot that was transferred to a spouse for use during marriage and then privatized is considered the common property of the spouses. That is why the notary requires the consent of the ex-spouse.

However, the Supreme Court of the Russian Federation takes a different position: if the marriage is dissolved, then the consent of the second spouse to transactions with common property is no longer…