Application of the limitation period on the division of property
During the marriage, the spouses have the right to raise the issue of property division at any time, without limitation by any statute of limitations. The three-year limitation period applies to the claims they have made after the dissolution of the marriage. The limitation period, in accordance with the general rules, begins on the day when the spouse seeking judicial protection learned or should have learned about the violation of his right. In particular, if, after the dissolution of the marriage, the former spouses continue to use common property together, the limitation period begins to run from the day when one of them commits actions preventing the other from exercising their rights in respect of this property (the property is alienated or it is taken to another place or to a room where the former spouse does not has access, etc.).
Thus, by the decision of the Panfilovsky District Court of the Almaty region, case 2-207, dated March 19, 2015, the claim for the division of property of Ergalieva R.Zh. to Yusupov M.A. for the division of jointly acquired property was denied due to the omission of the statute of limitations. So, the marriage between the parties was dissolved on July 22, 2009, at the same time the parties ceased to live together. On 13.02.2015, Yergalieva R.Zh. appealed to the court, the defendant asked the court to apply the statute of limitations.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
