The spouse (citizen of the Russian Federation) apply to the Russian court for the division of jointly acquired property that is located outside the Russian Federation. Finding jointly acquired property abroad significantly complicates the legal situation of the division of property as a whole and requires the participation of a lawyer or attorney in such cases.
The Supreme Court set out in Determination No. 78-KG18-67 dated December 4, 2018, by which it canceled the decision of the Petrogradskiy District Court of St. Petersburg dated July 6, 2017, indicating the following: rights to real estate, but are the result of the spouse's exercise of his right to change the regime of joint property of the spouses.
Since, by virtue of Article 2 of the Family Code of the Russian Federation, the right to divide jointly acquired property located outside the Russian Federation is provided, the exclusive competence of a foreign court in this case is absent.
Statistics show that many Russian citizens own property of various kinds (from apartments, cars and boats to shares in companies) in Europe, Switzerland, Bulgaria, Montenegro, and Turkey.
Practice shows that filing claims in court for the division of jointly acquired property is not an ordinary case for the majority of Russian courts, and a positive outcome of such a case is possible only with a well-built legal position based on current judicial practice on similar disputes.
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