The Supreme Court recalled the statute of limitations for recognizing a debt as a common obligation of spouses

The creditor asked the court to recognize the debt as a common obligation of the spouses. A bankrupt citizen declared that the statute of limitations had passed. Three authorities supported the creditor. The statute of limitations does not apply to his claim because it is aimed at distributing money from the sale of the couple’s shared property, not collection.

The Supreme Court of the Russian Federation noted: if the obligation is recognized as common, then the bankrupt’s spouse becomes a co-debtor and begins to answer to the creditor with both his share in the common property and personal property. Therefore, in such cases, the general limitation period applies as to a claim for award.

Previously, the RF Supreme Court cited this position in its review of judicial practice.

The dispute was sent for new consideration.

Document: Determination of the Armed Forces of the Russian Federation dated October 24, 2025 N 307-ES25-6752

source: ConsultantPlus

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