The merits of the case are the following: The notary refused the wife [plaintiff to the above case] in issuance of the inheritance certificate to the residential apartment which the wife considered common property with her late husband because it occurred that her husband had allegedly divorced with her 17 years before his death and demised all his property, including the residential apartment in question as his sole property to his niece.  Considering the wife’ claim the courts of three instances supported the defendant (the niece of the late husband) pointing out that also because the residential apartment in question was purchased on the same day as the marriage registration day, therefore that apartment was purchased with personal funds of the late husband only. Russian Supreme Court remitted the case to the first instance court for a new trial stating that the lower courts did not estimate the fact that funds used for the purchase of the residential apartment in question were the sale proceeds of another residential apartment being common property of the same spouses (they had previously been married during six years), and the common property of the spouses is presumed by law despite the fact that the real estate was purchased on the first day of marriage.

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