Jurisdiction over property division cases
Property division cases are considered in compliance with the general rules of procedural legislation. According to art.31 of the CPC RK, a claim is filed in court at the defendant's place of residence.
The literal interpretation of this procedural rule assumes that cases on the division of property between spouses of jointly acquired property are subject to the jurisdiction of the courts at the defendant's place of residence.
In accordance with art. 32, paragraph 7 of the Civil Procedure Code of the Republic of Kazakhstan, claims for divorce may also be filed with the court at the plaintiff's place of residence in cases where a minor is with him or it is difficult for the plaintiff to travel to the defendant's place of residence for health reasons. It follows from this rule on jurisdiction at the plaintiff's choice that if a claim for division of property is filed simultaneously with a claim for divorce, the plaintiff has the right to apply to the court at his place of residence in the presence of circumstances provided for by the specified rule of law.
Despite the clear wording of this rule, errors in determining the jurisdiction of a dispute over the division of property between spouses are common.
Since third parties are not allowed to participate in the divorce process (with or without independent claims on the subject of the dispute), regardless of the fact that within the framework of this process there was a question of dividing the common property of the spouses, affecting the interests of these third parties. In this case, the court has the right to separate the claim for the division of property into separate proceedings.
However, there are cases when such disputes are considered jointly.
Thus, on May 28, 2015, the Enbekshikazakh District Court of the Almaty region, case No. 2-314/2015, ruled on the claim of K-va A.I. to K-va A.N. on the division of common property and on the counterclaim of K-va A.N. to K-va A.I., K-eva I.M. expert opinion and information certificate on the recovery of property and invalidation. Thus, by this decision, the court, in addition to the division of property between the spouses, considered a claim against the plaintiff's spouse's father, K-ev I.M., for the recovery of property and invalidation of expert opinions and information certificates.
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
