THE STATE DUMA WANTS TO GIVE THE RIGHT TO ONE OF THE SPOUSES TO ESTABLISH A BAN ON THE SALE OF HOUSING

A bill has been submitted to the State Duma providing for the possibility for one of the spouses to impose a taboo on the sale of real estate acquired during marriage. The changes suggest that it will be impossible to do this without the consent of the second spouse.

As the authors of the project note, in modern everyday life, situations are not uncommon in which a negligent spouse abuses the trust of his betrothed and commits questionable transactions with jointly acquired property bypassing common family interests and without the knowledge of the other half. Currently, according to the developers of the bill, there is a legislative omission that allows transactions with shared real estate without the written consent of such an operation of the spouse.

At the same time, in the case of notarization of the transaction, the authorized person will conduct a thorough legal examination and will necessarily require proof of the spouse's consent to such an operation. However, in practice, if it is possible to bypass the notarization of the transaction, unscrupulous spouses do so.

Judicial recognition of such a transaction as invalid is a very costly process both financially and in time. Within a year, an interested spouse may simply not have time to challenge an operation that harms family interests.

In this regard, it is proposed to grant citizens additional rights in family legal relations. The project being developed, according to Rossiyskaya Gazeta, will allow the spouses to submit an application to the Federal Register, which would prohibit the re-registration of shared real estate. Thus, the personal presence of both spouses will be necessary for the sale of the home.

There have already been changes in family legislation in the past year. So, when dividing property in case of divorce, if one of the spouses hid the sale of jointly acquired property from the second, then compensation in favor of the interested spouse will be deducted from the share of the abuser. However, according to experts, the new legal norms primarily protect the interests of bona fide purchasers of real estate, who should not suffer deprivation due to other people's family disagreements. Thus, during the division of property, a citizen could be deprived of an apartment, instead receiving a recommendation to expect material resources from the seller.

With future changes, the judicial authorities will take into account the fact of unfair behavior of one of the spouses and will demand compensation from such a person.

However, there is a downside to the coin. In the case when there are no funds from the secret sale of real estate, and there were no other valuable assets in common ownership, the person affected by the unfair actions of the spouse will simply have nothing to receive payments from. The real estate will not be returned.

Thus, the taboo on the sale of jointly acquired real estate can become a useful prevention, however, there are enough disadvantages and pitfalls in this legislative initiative. In theory, for example, an unscrupulous spouse can impose such a taboo on the property that he has no right to claim. Experts note that the best protection of the interests of conscientious spouses would be the obligation to notarize real estate transactions.