December 26 Main results of the day

The Moscow City Court overturned the decision of the court of first instance, which in favor of the wife invalidated the apartment donation agreement concluded between father and son, as well as the subsequent apartment sale agreement concluded between the son and a third person, refused to satisfy the claims, and also satisfied the counterclaims requirements.

The essence of the dispute was as follows. During the marriage, the spouses from Moscow purchased an apartment in the northern part of the capital, which in 2020 was presented by a father to his son. Then the son took out several loans secured by this property. After 2 years, he sold the apartment with the existing encumbrances to a third party, who used credit funds secured by the purchased real estate to pay for the transaction. 4 months after the sale of the apartment, the wife filed a claim against her husband, son and the buyer of the apartment to invalidate these transactions, recognize the apartment as joint property of the spouses and divide it on the basis that she did not give her husband’s consent to donate the apartment to his son.

By the decision of the Timiryazevsky District Court, the wife’s demands were satisfied, since the notarial consent of the wife was not found in the case. During the consideration of the case in the court of appeal, the Bureau of Lawyers “De Jure”, representing the interests of the Bank, managed to convince the judicial board of the conspiracy of all family members to withdraw the apartment from the security of several banks and an insurance company. The Bureau’s position was also supported by the prosecutor, who agreed with the wife’s omission of the one-year deadline for challenging the gift transaction and the dishonesty of all family members living in the mortgaged apartment. As a result, the collateral for the loans was restored and all family members were evicted. The interests of the Bank in the appellate court were defended by Sergei Bibikov, senior lawyer of the Bureau of Lawyers “De jure”.