The husband and wife divorced and began to divide in court the property that they bought during their life together. Among other things, there was a question: how to divide the right to lease a land plot for the construction of a house. Lower instances decided that such a right was not at all divided. The Supreme Court explained how to act in such a situation. And experts "Pravo.ru" gave their advice on this issue.
Alina Zelenskaya, the attorney of the National Law Company “Mitra”, is surprised that the lower courts could not determine the nature of the lease relations. In her opinion, it will be difficult to take advantage of the divided tenancy right in the home, if the ex-spouses are in a conflict situation: "In this case, monetary compensation is usually applied." Zelenskaya held up as an example another problem in the division of law: according to the results of the shareholding, the share in the authorized capital of LLC “Romashka” was awarded to his wife, although she had previously been with her husband. The joyful spouse calls on the company to convene an extraordinary general meeting of participants to be included in the society. However, she is refused, since the statute provides for the need to obtain the consent of all participants for the alienation of the stake. And the spouses did not get such approval in advance (Decision of the Constitutional Court of July 3, 2014 No. 1564-O).
Materials were taken from “Pravo.ru”
