Review of the statement of claim on the division of the spouses' property
Attention! The Law and Law Law Firm draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
To the Zhitikarinsky District Court of Kostanay region
plaintiff: I.A.N. address: Rudny, 1 St. defendant: I.S.B.G. Zhitikara, ....-27
response to the statement of claim
The Zhitikarinsky District Court of the Kostanay region is conducting a civil case on the claim of I.A.N. to me about the division of the spouses' property. With claims on the following grounds, on the following grounds. According to the decision of the Zhitikarinsky District Court of Kostanay region dated August 12, 2019, the marriage was dissolved by mutual consent, the plaintiff had no material claims against me, there was no property dispute between us. According to the lawsuit, we took out a loan in the plaintiff's name. There was no "we", it was entirely the initiative of the plaintiff, at the time of receiving the loan there was no need to borrow money for common family needs. The plaintiff's arguments that I allegedly used this money to purchase a Kamaz car and spare parts are unfounded, since I did not purchase a Kamaz car, but rented it, for which I received a bank loan to repair it in July 2017. I personally paid off this loan for several years, there was no need to receive an additional loan. The Kamaz car has a license plate number P...TWM, as indicated by the insurance history of the vehicle owner. I subsequently transferred this Kamaz to its owner after the termination of the lease agreement. The funds received by the plaintiff under the bank loan agreements were spent on the purchase of an apartment located at the address: Gitikara, ...., which the plaintiff subsequently transferred to her mother under the donation agreement and on the purchase of a VAZ-21014 car with registration in the Russian Federation. Thus, the funds received by the plaintiff under the bank loan agreements were not used for our common needs, and are not our common property or the debts of the spouses.
Review of the statement of claim on the division of the spouses' property
And how can a loan from Halyk Bank of Kazakhstan relate to a dispute over the division of property? The loan was received by the plaintiff on 10/20/2020, at that time the marriage was terminated, the marriage was dissolved, however, instead of making claims to me for obligations to the bank back in 2019, the plaintiff continues to borrow money in 2020 and increases the debt burden and now wants me to pay off the debts that arose in full due to her fault. According to part 2 of art . 35 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family" – The property acquired by each of the spouses during the period of separation in connection with the actual termination of marriage (matrimony) is recognized by the court as the property of each of them. According to Article 38 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family": " 1. When dividing the common property of the spouses and determining the shares in this property, the shares of each spouse are recognized as equal, unless otherwise provided by an agreement between them.
The court has the right to depart from the beginning of equality of the spouses' shares in their common property based on the interests of minor children and (or) based on the interests of one of the spouses, if the other spouse did not receive income for disrespectful reasons or spent the spouses' common property to the detriment of the interests of the family without the consent of the second spouse."
I learned from her that the plaintiff received funds under bank loan agreements, she spent them at her discretion, the plaintiff did not ask me for any consent to receive loans, thus, this property (debts) is fully her obligations, and cannot be recognized as the common property of the spouses on the basis of 38 of the Code of the Republic of Kazakhstan "On Marriage (matrimony) and family". Also, the plaintiff did not provide the court with a transcript (certificate) of bank loan repayment agreements with a display of the amount of debt, interest on the use of funds, as well as the amount of penalties. In connection with the above, I will also petition the court to add additional evidence to the case file. Based on the above, I ask: - to dismiss the statement of claim of I.A.N.. Appendix: certificate of absence (availability) of real estate, a copy of the court's decision on the dissolution of marriage, insurance history of the GPO military-technical cooperation insurance company, a copy of the loan repayment schedule, a request for evidence.
03/24/2022 I.S.B.
#Lawyer #Zanger #Zan kyzmeti #Korgau Company Firm #Azamattyk #Kylmystyk #Akimshilik #Torelik #Arbitration daulary #Almaty #Kazakhstan Lawyer Zanger Korgaushi Almaty Zan Kyzmeti Kensesi Kykyk Korgau Komek Azamattyk Kylmystyk Akimshilik isteri Arbitration daulary Kazakhstan #Lawyer #Lawyer #Legal Service #Defense Company #Law Office #Civil #Criminal #Administrative #Arbitration cases disputes #Almaty #Kazakhstan Lawyer Lawyer Almaty Law Company consultation service Civil Criminal Administrative Arbitration cases disputes Defense Law Office Kazakhstan
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
