Annotation

The article examines the impact of the statute of limitations on ensuring the housing and other property rights of minor children during the division of real estate between former spouses. The author’s position is substantiated, according to which, due to the subsidiary application of civil legislation to family relations, the limitation period in property division cases should be considered not just as a procedural period, but as an integral substantive and procedural complex. The latest judicial practice of 2023–2025 on challenging prenuptial agreements and spouses’ agreements is analyzed. It is proved that a formal approach by courts to the application of the “should have known” criterion entails a hidden infringement of the child’s rights. It is substantiated that a statement on missing the deadline is a secondary right, the implementation of which is subject to strict control over good faith (Article 10 of the Civil Code of the Russian Federation). Through the prism of the Constitutional Court’s concept on the priority of social justice over formal market stability, a mechanism for applying the estoppel doctrine is proposed to protect the weaker party in a family dispute. Specific practical recommendations are formulated.