After 3 years of consideration in the courts, a complete victory on the 2nd round of the case!
In 2021, the Principal contacted us. At that time, a decision had already been made against her to foreclose on 1/2 of her only home to pay off the debts of her ex-husband, who had passed away by the time the claim was filed.
In the court of cassation, we managed to overturn previously issued judicial decisions and prove that the lower courts did not examine the issue of the heirs’ entry into the inheritance. As a result, the case was sent for a new review, during which the claims against the Principal were denied.
21.11.24 the appellate court upheld the decision in favor of our Principal! The Moscow City Court agreed with our arguments that the Plaintiff had unlawfully made a claim for the division of the jointly acquired property of the spouses, although he was aware of the death of the debtor, and also that the disputed housing was the only one for our Principal and her three children.
The interests of the Principal were represented by Marina Nikolaenko, Head of the Family Dispute Resolution Practice at the Bureau of Lawyers “De jure”.