Division of the property of the spouses when one of the spouses is an entrepreneur
In practice, there is often a situation when one of the spouses is a participant in a limited liability partnership, while shares in the authorized capital of business entities (mainly LLP) were acquired during marriage and with funds acquired during marriage, and this is not disputed. The other spouse filed a claim for the division of jointly acquired property (simultaneously with the claim for the dissolution of the marriage or after the dissolution of the marriage), which includes shares in the authorized capital of the company. First of all, it should be noted that a limited liability company is a subject, not an object of law, and does not belong to the founders (participants) by right of ownership. Whereas in the decisions the courts divide the property of these LLP. Whereas the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated July 10, 2008 No. 2 "On certain issues of the application of legislation on limited and additional liability partnerships" states that in the event of a dispute over the division of jointly acquired property, the value of the part of the LLP's property corresponding to the participant's share is included in its composition.
Questions arise when dividing up land plots and business items, especially when one of the spouses is registered as a private entrepreneur without forming a legal entity and has goods in circulation.
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