Statement of claim for the division of joint ownership
Attention! The Law and Law Law Company 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 lawyer Kenesbek Islam by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
To the Nauryzbay District Court of Almaty
mkrn. Orbita-2, building 20 A.
8 (727) 333-15-55
727-4760@sud.kz
The plaintiff: _____________________
IIN: __________.
address: _____________________.
bodys: _____________________
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002,
50 Zhibek Zholy Ave., office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58.
The defendant: _____________________
IIN _____________________,
address: _____________________,
bodys: _____________________
Statement of claim
on the division of joint property of spouses whose marriage has not been dissolved
The plaintiff entered into a marital marriage with a citizen registered by the Registry office of the Auezovsky district of Almaty on 08/31/20 _____________________, They have a minor daughter from a joint marriage:
02.20__ year of birth
The marriage relationship has been terminated since the beginning of 20__, as the defendant has left home and does not intend to return home, where the Plaintiff lives with an elderly mother in need of care. Further cohabitation with the defendant and the preservation of the family are impossible. The actual marital relationship between the Plaintiff and the Defendant has not yet been terminated, and the trial is underway. At the moment, there was a dispute about the division of acquired property during the marriage of the spouses, from which half of the share of the jointly acquired property belonged to the Plaintiff.
Statement of claim for the division of joint ownership
Throughout the marriage, the Plaintiff and the Defendant accumulated funds of more than 7,000,000 tenge, which were fully managed by the Defendant. After that, the Defendant, having single-handedly opened a safe deposit box in Kazkommertsbank JSC, put all the funds in the safe deposit box. And at present, we do not know whether the funds are in the safe deposit box or not, the Bank, referring to bank secrecy, has not provided information on open cells and or accounts.
Also, during the marriage, the couple opened a Page on Instagram social networks ( https://www.instagram.com/krasota_kz_ / ) which is actively working and generating income, where subscribers (subscribers are customers) consist of more than 76,600 citizens of our country and has 699 publications of goods, this indicates a high passability / marketability of goods (you can verify by clicking on the link https://www.instagram.com/krasota_kz_ / ). The creation of this page on Instagram social networks and its development are mostly the merit of the Plaintiff, however, today the Defendant enjoys the benefits of this page. Through this page, Powdered sugar (of its own production) is sold on Instagram social networks for Sugaring to beauty salons throughout the Republic of Kazakhstan (as evidenced by screenshots in applications). On average, such online sales generate revenues of more than 500,000 tenge per month. In online trading, goods are paid for through bank accounts in second-tier Banks. In connection with this, we request that a court order be issued to require second-tier banks to issue statements on current accounts of cash receipts.
Statement of claim for the division of joint ownership
In accordance with paragraph 1 of Article 33 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family”, the property acquired by the spouses during marriage (matrimony) is their common joint property. Also, paragraph 223 of the Civil Code of the Republic of Kazakhstan states that the property acquired by the spouses during marriage is their joint property, unless the contract between them provides that this property is the shared property of the spouses or belongs to one or in appropriate parts to each of the spouses by right of ownership.
37 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family”, the division of the spouses' common property can be carried out both during the marriage (matrimony) and after its dissolution at the request of either spouse, as well as in the case of a creditor's claim for the division of the spouses' common property for foreclosure on the share of one of the spouses in the common property of the spouses. According to paragraph 1, Article 38, of the same Code, when dividing common property, they are recognized as equal, unless otherwise provided by an agreement between them.
The spouses have not signed any agreement on the division of property, which legally belongs to 1/2 of the share in the right of joint ownership of the disputed property. Due to the impossibility of monetary assessment of the value of the disputed property to be divided, due to the defendant's unwillingness to provide information on the section of the Internet page on Instagram and information on the jointly accumulated funds, respectively, the impossibility of determining the amount of the state fee payable when filing a claim, We have pre-paid the state fee of 5 (five) MCI. Considering this circumstance, I ask the court to defer payment of the state fee in full until the court determines the actual value of the disputed property. 36-38 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family", Articles 150,151 of the CPC RK.
I ask the court
To make a determination on the demand from all second-tier banks on the availability of open current, deposit, savings accounts and bank cells, etc. information about available funds;
Oblige the Defendant to provide the Court with information about all working capital received from online sales on Instagram (https://www.instagram.com/krasota_kz_ / );
To collect the costs of paying the state fee from the Defendant in favor of the Plaintiff.
Grant a delay in payment of the state fee until the court determines the final value of the disputed property.
With respect,
Representative by proxy:
_________________/ Sarzhanov G. T.
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
