Requirements for a court decision on the composition of property to be divided between spouses
The conclusions of the court on the composition of the property to be divided between the spouses, on its value as a whole and on each component in the amount due to the spouses of shares in specific things transferred to the ownership of each of the parties, should be clearly stated in the reasoning of the court's decision, indicating the circumstances and evidence on which these conclusions are based.
Certain features are also characteristic of the operative part of the decision on the division of property between spouses. It should, first of all, contain a description of the distinguishing features of the things awarded to each of the parties (name, size, color, shape, registration number, if indicated, location of immovable property, etc.). Failure to comply with this requirement sometimes leads to disputes about which thing is in question in the court decision. The parties or the bailiff are forced to raise the issue of clarifying the decision. There must also be an indication of the value of the awarded item, since its absence is not excluded during the execution of the decision to transfer it to the recoverer, which may entail a change in the method or procedure of execution. The operative part of the decision on the division of property also indicates the distribution of court costs between the parties.
However, sometimes judges allocate property without specifically specifying it. Thus, in the operative part of the decision of the Tselinograd District Court of the Akmola region, case No. 2-243 dated April 23, 2015. it is stated that "to make a division of the land plot in the village of Ka-el, mkr. 19, uch. 49, cadastral number 01-011-015-2969, to recover from the E-ova O.A. in favor of the plaintiff 1/2 share of the land plot in monetary terms in the amount of 2131099 tenge."
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