Statement on the application of the statute of limitations in a civil case on the division of joint acquired property of spouses
To the Medeu District Court of Almaty
to the presiding judge
To M.M. Amirov.
from the defendant N-oh Lyazzat N-ny
representative – lawyer Sabit Davletovich Nigmetov
IIN 820125350700
79 Abylai Khan Ave., office 304, Almaty
Phone: 87054628284
statement of the limitation period.
The Medeu District Court of Almaty is investigating the civil case No. 7517-25-00-2/14020 on the claim of M.A. Munarovich against N. Lyazzat on the division of the joint acquired property of the spouses.
According to a letter from the Department of the Medeu district of Civil Registration of the Branch of the NAO "State Corporation "Government for Citizens" in the city of Almaty, there is an official record of the dissolution of marriage in respect of Mr. Munarovich and Mr. Lyazzat for No. 60-559-19-0000568 dated 09/13/2019, compiled according to a joint statement on the dissolution of marriage in mutual consent, having no minor children and disputes with the division of property.
According to paragraph 2 of Article 238 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", the state registration of the dissolution of marriage (matrimony) in the registration authorities, foreign institutions of the Republic of Kazakhstan is carried out with mutual consent to the dissolution of marriage (matrimony) of spouses who do not have common minor children, and the absence of property and other claims against each other.
At the time of the dissolution of the marriage at the civil registration authority in 2019, Mr. A.M. and I reached an oral agreement on the division of jointly acquired property. According to our agreement, I still own real estate located at 89/2 Dostyk Avenue, Almaty, Medeu district, apartment 38 (disputed property), and M.A. M. – an apartment building with a plot of land located at: Almaty region, Zhambyl district, Ungirtas rural district, Sarybastau village, DAEWOO-1 microdistrict, house 31, and a plot of land located at: Almaty region, Zhambyl district, Ungirtas rural district, Sarybastau village, DAEWOO-1 microdistrict, plot 33. All of the above-mentioned properties were acquired during the marriage period.
In addition to the specified property, our son N-Akhmetzhan, on account of the share owed to the plaintiff in the joint property, transferred to Mr. A.M. a Hyundai Accent car belonging to his son, made in 2013.
He subsequently sold the real estate and car received by Mr. A.M. under the agreement on the division of property, and all the money from the sale of the property was received by him personally. In particular, he sold an apartment building with a plot of land and a plot of land in Sarybastau village on November 5, 2020 for 2000,000 tenge and 2000,000 tenge, respectively. According to the real estate purchase and sale agreements, they state "with the consent of the former spouse of N-o Lyazzat N-ny."
Thus, the above-mentioned actions of the plaintiff and the letter from the Department of the Medeu district of Civil Registration of the Branch of the NAO "State Corporation "Government for Citizens" in the city of Almaty confirm my arguments that an agreement has been reached between us on the division of jointly acquired property.
For 6 years, the plaintiff has not made any claims to me about the division of jointly acquired property. On October 26, 2021, the plaintiff purchased an apartment building at the address: Almaty region, Zhambyl district, Uzynagash rural district, Uzynagash village, 72 Otau Street, in which he currently resides, which is confirmed by a certificate from the NGO "Government for Citizens". Thus, his arguments that he was actually left with nothing, without a roof over his head are unfounded.
These arguments are supported by information from the E-Legal Aid portal.
It is also noteworthy that the plaintiff appealed to me with a claim for the division of property after the publication of the Regulatory Resolution of the Constitutional Court of the Republic of Kazakhstan dated December 4, 2024 No. 55-NP "On the review of paragraph 6 of Article 37 of the Code of the Republic of Kazakhstan dated December 26, 2011 "On Marriage (Matrimony) and the family", which revised the statute of limitations on disputes over the division of joint property of spouses.
The disputed property is the only property I currently own.
According to paragraph 6 of Article 8 of the Civil Code of the Republic of Kazakhstan, no one has the right to take advantage of their unscrupulous behavior. I believe that the plaintiff is acting in bad faith, as he concealed from the court the fact that there was an agreement between us on the division of property and the transfer of real estate and a car to him, which he disposed of at his discretion after the dissolution of the marriage.
When deciding on my application for the application of the limitation period, I ask the court to pay special attention to paragraph 7 of paragraph 5 of the Normative Resolution of the Constitutional Court of the Republic of Kazakhstan dated December 4, 2024 No. 55-NP "On the review of paragraph 6 of Article 37 of the Code of the Republic of Kazakhstan dated December 26, 2011 "On Marriage (marriage) and family", where it says:
"The Constitutional Court considers that spouses whose marriage has been dissolved have the right to divide common joint property at their discretion and cannot be limited in time, and if there is a dispute that has arisen as a result of a violation of a person's right or a legally protected interest, the court calculates the limitation period, guided by paragraph 1 of Article 180 of the Civil Code of the Republic Kazakhstan".
According to paragraph 6 of Article 37 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", a three-year limitation period is applied to the claims of spouses on the division of common property of spouses whose marriage (matrimony) has been dissolved.
According to paragraph 1 of Article 180 of the Civil Code of the Republic of Kazakhstan, the limitation period begins on the day when the person learned or should have learned about the violation of the right. Exceptions to this rule are established by this Code and other legislative acts.
Thus, when making a decision, the court must proceed from the requirements of paragraph 1 of Article 180 of the Civil Code of the Republic of Kazakhstan.
Thus, I believe that the limitation period for the division of the joint property of the spouses began for the plaintiff, Mr. A.M., on November 5, 2020, when he made purchase and sale transactions for the alienation of jointly acquired property, according to the agreement reached between us on the division of property, i.e. actually disposed of his share according to our agreement.
The three-year statute of limitations on the dispute over the division of property expired for Mr. A.M. on November 5, 2023, is not subject to restoration, and therefore Mr. A.M.'s claims should be denied.
According to Article 179 of the Civil Code of the Republic of Kazakhstan:
2. The limitation period shall be applied by the court only upon the application of the party to the dispute made before the court's decision.
3. The expiration of the limitation period before the filing of a claim is the basis for the court's decision to dismiss the claim.
With the expiration of the limitation period for the main claim, the limitation period also expires for additional claims (for the recovery of penalties, for the liability of the guarantor, etc.).
Based on the above, I ask:
- apply the statute of limitations in the present case;
- to dismiss Mr. Munarovich's claim due to the expiration of the statute of limitations.
Appendices: a copy of the purchase and sale agreement for a residential building with a land plot dated 05.11.2020, a copy of the purchase and sale agreement for a land plot dated 05.11.2020, information from the E-Legal Aid portal dated 17.07.2025, information from Bank CenterCredit JSC dated 10.03.2015, USB flash drive Transcend JF V30/1gb" with a video recording of the residential building of M.A. M. (a USB flash drive "Transcend JF V30/1gb" will be delivered to the court by courier).
The defendant is N.N.
Representative
Lawyer S. Nigmetov 17.07.2025
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