Transfer of money from a brother without a gift agreement does not make the apartment the husband’s separate property

The RF Supreme Court examined the issue: whether payment for an apartment by the spouse’s brother constitutes a gift for the purpose of classifying the apartment as the spouse’s separate property. 

The courts of appeal and cassation held that the money transfer by the husband’s relative was a gift, and therefore the apartment is separate property. 

The RF Supreme Court disagreed: a third party’s payment order does not prove a gift. Under the Russian Civil Code, any amount exceeding 10 000 rubles requires a written agreement. Since the spouse did not provide written evidence of such an agreement, the property acquired during the marriage was recognized as jointly held and subject to division. 

 

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