Deviation from the equality of shares of spouses

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Deviation from the equality of shares of spouses

Deviation from the equality of shares of spouses

01.09.2022

As of September 1, the court now has the right to deviate from the equality of the spouses' shares if one of them has reduced the common property in bad faith, including selling it on unfavorable terms without the partner's consent. This is possible even if the court did not apply the consequences of the invalidity of the transaction at the request of the other spouse.

The novelty will allow reducing the share of a dishonest spouse based only on the fact of alienation of property at an underestimated price.

The article does not contain a specific and restrictive list of bad faith actions. Any bad faith actions of a spouse that resulted in a reduction of the common property may result in a reduction of his or her share of the common property.

Federal Law No. 310-FZ of 14.07.2022

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