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Article 44. Foreclosure on the property of spouses of the Marriage (Matrimony) and Family Code of the Republic of Kazakhstan
1. For the obligations of one of the spouses, foreclosure is applied only to the property of this spouse. If this property is insufficient, the creditor has the right to demand the allocation of the debtor's spouse's share, which would be due to the debtor's spouse in the division of the spouses' common property, in order to foreclose it.
2. Foreclosure is levied on the common property of the spouses for the common obligations of the spouses, as well as for the obligations of one of the spouses, if the court finds that everything received under the obligations of one of the spouses was used for the needs of the family. If this property is insufficient, the spouses are jointly and severally liable for the specified obligations with the property of each of them.
If a court verdict establishes that the common property of the spouses was acquired or increased at the expense of funds obtained by one of the spouses through criminal means, the penalty is applied accordingly to the common property of the spouses or to a part of it.
3. The liability of spouses for harm caused by their minor child is determined by the Civil Code of the Republic of Kazakhstan. Foreclosure on the property of the spouses in case of compensation for damage caused by their minor child is carried out in accordance with paragraph 2 of this Article.
President
Republic of Kazakhstan
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