Supreme Court: shares of minor children in the right to housing do not interfere with selling it in bankruptcy
Krympress reports:
The debtor disputed the sale of a mortgage apartment. Among other things, he referred to the fact that its owners were also 2 of his minor children. The first instance and appeal refused. The cassation considered the illegal implementation at the auction of children’s shares and directed the dispute for a new consideration.
According to the Armed Forces of the Russian Federation, the share of minor children in the right of ownership of the apartment does not interfere with selling it as a single object. The presence of such shares can be taken into account when distributing the money that will remain after the repayment of the claim of the collateral creditor. Earlier, the Supreme Court has already agreed with a similar conclusion.
This does not apply to situations when shares are allocated in kind.
The Armed Forces of the Russian Federation upheld the acts of the first and appeal instances.
Document: Definition of the Armed Forces of the Russian Federation of 12.02.2025 N 307-ES24-19017
Source: Consultant Plus
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