1. The subject of the dispute is the recognition of the apartment donation agreement as invalid and the recognition of the right of ownership to 1/2 part of this apartment, since the plaintiff believes that the apartment is the joint common property of the spouses, and her consent to the donation was not obtained.
2. The court, satisfying the claim, proceeded from the fact that property acquired during the marriage is the joint common property of the spouses, and the disposal of such property requires the consent of both co-owners. The absence of such consent is the basis for declaring the transaction invalid. The court also took into account that at the time of the conclusion of the donation agreement, the share of the former husband in the joint property was not determined, and the transaction was concluded for the entire apartment. In addition, the court noted that the defendant did not prove her good faith, that is, that she did not know and could not know about the absence of the former wife’s consent to the donation of the apartment. The court also referred to the practice of the Supreme Court, according to which filing a claim for recognition of the contract as invalid is an effective way to protect the violated right of one of the spouses to joint property. The court also referred to the постанову [ruling/resolution] of the Grand Chamber of the Supreme Court, which indicates that the absence of written consent of one of the spouses to the alienation of joint property is not a sufficient basis for recognizing the transaction as invalid, unless the bad faith of the other party to the transaction is proven, that is, the court took into account the practice of deviating from the previous conclusions of the Supreme Court.
3. The court of cassation instance upheld the decisions of the courts of previous instances, refusing to satisfy the defendant’s cassation appeal.
