Lawyer reveals whether ex-spouses can sue for money for gifts
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It is impossible to return money spent on gifts to an ex-husband through the court if there were no previously agreed conditions for the return, lawyer Ilona Guskova told NEWS.ru. According to her, during the proceedings the court evaluates the nature of the relationship between the parties and the existence of agreements on the return of the transferred funds or property.
Former partners can sue each other for the return of money or gifts, but if the court finds that your relationship was close, you lived as spouses, then these funds and gifts will not be returned, because when you transferred them, you did not set conditions for their return , Guskova explained.
The lawyer recalled that, according to Article 1109 of the Civil Code of the Russian Federation, money transferred to fulfill a non-existent obligation is not subject to return. She emphasized that it is on the basis of this rule that in most cases the court refuses to satisfy such claims.
Courts consider such cases, but in most cases the claim for the return of the gifted funds or property is not satisfied. If money or things were transferred without a condition of return, they are classified as a gift. In this case, Article 1109 of the Civil Code of the Russian Federation applies, according to which money transferred in fulfillment of a non-existent obligation is not subject to return , Guskova summarized.
Earlier, deputy Tatyana Butskaya said that it is necessary to combat the conclusion of marriage contracts , which set families up for potential divorce in advance. She emphasized that such a practice does not correspond to traditional Russian values.
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