Is the property acquired after the actual termination of marriage, but before the legally executed divorce considered communal property? Courts of three instances distributed the burden of proof in three different ways and each came to different conclusions. Which one of them is right was found by the Russian Supreme Court: its ruling illustrates one of the most challenging issues faced in dividing communal property.

Olesya Petrol, partner at Petrol Chilikov, comments:

Determining the date of the actual termination of marital relations is a very complicated issue. During such a difficult period for the family, spouses tend to doubt and change their views. As a result, the judge may receive the evidence of both continued and terminated marital relations.

The entire text can be found here.