Property buyers in Russia must check a seller's prenuptial agreement before purchasing a flat, legal expert Dmitry Khrulev warned.
The document forms an essential part of legal due diligence on real estate, even if the property was originally bought prior to marriage, according to comments reported by news outlet RT.
Khrulev, who serves as vice president of the Power of Dialogue International Association of Mediators, explained that real estate acquired before marriage is considered personal property under general legal rules. However, spouses hold the legal right to convert such assets into shared property or assign a specific ownership share to either husband or wife.
Because marital contracts can alter property rights, buyers need to review both the existence of the agreement and its exact terms before signing a purchase contract.
Spousal Consent and Selling Requirements
If a prenuptial contract grants the seller's wife an ownership share in the flat, a simple notarised consent form from her will not suffice. In such cases, Khrulev stated that the wife must act as a co-seller alongside her husband.
If the property has been converted into joint marital property, the transaction requires notarised consent from the other spouse. Spousal consent is unnecessary only if a flat purchased prior to marriage remained strictly the husband's personal property.
Under Russian family law, married couples can enter into prenuptial agreements before or during marriage to define their property rights. These contracts allow spouses to deviate from the standard legal regime of joint ownership, which otherwise automatically applies to assets acquired during marriage. Notarisation is mandatory for marital agreements to take legal effect.
Verifying Records and Property Titles
Khrulev advised prospective buyers to request the seller's active prenuptial agreement along with all notarised amendments. Buyers should carefully examine the exact moment the wife's property rights took effect, the precise description of the property, conditions governing potential divorce, asset division agreements, and any ongoing or past court disputes.
Transactions also require a fresh extract from the Unified State Register of Real Estate, known as the EGRN, as well as official information regarding the seller's marital history. The EGRN serves as Russia's official centralized registry for property titles, ownership rights, legal encumbrances, and real estate transactions.
If a share in the property has been allocated to the wife, the owners must first update and align their official property rights with the EGRN records before both owners sign the final sale agreement. Khrulev noted that any discrepancies between legal documents can be settled without resorting to litigation.
The guidance comes amid broader warnings for property buyers in Russia, following previous advice highlighting significant financial and legal risks associated with purchasing real estate using cash payments.
