Determination of the volume and value of the property to be divided
The identification of all disputed property to be divided and the resolution of the issue of its division between spouses in the framework of a single trial is one of the features of the consideration of cases in this category.
The main question that arises when considering cases on the division of property related to the joint ownership of spouses is the definition of which specific property (objects, things, obligations) should be included in the section, what is its value and how it should be divided. The solution of this issue, first of all, depends on the establishment of a legal regime for the joint ownership of spouses.
There is a legal regime of the spouses' property, i.e. the regime of their joint ownership, based on the principle of equality of shares in the common property of the spouses, as well as a contractual regime of property, i.e. an agreement of the persons entering into marriage or the spouses provided for in the marriage contract, defining the property rights and obligations of the spouses in marriage and (or) in the event of its dissolution which may establish a regime of joint shared or separate ownership of all the property of the spouses, its individual types, or the property of each of the spouses. The volume and value of the property to be divided is usually determined by the parties themselves.
However, this issue should be indicated by the court to the parties, it is necessary to suggest specifying not only the full list of property acquired during the marriage with common funds, but also jointly determine the value of each item, taking into account wear and tear and the actual price on the day of dispute resolution or on the day of termination of joint farming. Thus, the range of legally significant circumstances in the case of the division of jointly acquired property includes: the establishment of the volume of all jointly acquired property, its actual value (taking into account depreciation, for real estate - taking into account the state of the real estate market) at the time of termination of marriage or cohabitation and running a common household by the parties, determining the share of each spouse in this property and the determination of monetary compensation, if necessary, the existence of grounds for derogation from the principle of equality of shares.
However, there are court decisions in which, when dividing the property of the spouses, the court did not clarify its scope and name. Thus, in the decision of the Akkol District Court of the Akmola region dated July 09, 2015, case No. 2-245\2015, it was stated that O.V.A. filed a lawsuit against O. E.N. on the division of jointly acquired property, which was acquired during the marriage for a total amount of 1,340 100 tenge.
The court, passing the decision, indicated in the operative part "to divide the property, which is the common joint property of E.N. and V.A., allocating to V.A. a 1\2 share in monetary terms in the amount of 250,000 tenge, to recover the specified amount from E.N. V. for the benefit of V.A.".
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