“Whether share, or not share” — Tatiana Tereshchenko for the blog Pravo.ru
Personal is not common. Where to put a comma? The question is relevant in family disputes about the division of marital property, the allocation of the share of the spouse in the inheritance, as well as in the bankruptcy of individuals, when it is necessary to decide what creditors are not owed. The courts say that everything depends on legally significant circumstances.
The media are interested in quite a sensible position of the armed forces of the Russian Federation on the differentiation of marital property on personal and common (see, for example, https://rg.ru/2018/07/16/chto-iz-nazhitogo-v-brake-imushchestva-ne-podlezhit-razdelu-mezhdu-suprugami.html), but omitted one detail. On which I want to pay attention.
The conclusion that
The property acquired during the marriage, but the funds owned by one of the spouses personally, the regime of joint property of the spouses does not apply
(item 10 Of the review of judicial practice No. 2 for 2017), is based on a simple idea – it is necessary to carefully read the provisions of the law and take into account all legally significant circumstances.