Division of Marital Property in Kazakhstan
Division of Marital Property in Kazakhstan
How the Court Divides Money, Business, Real Estate, and Assets — Even if One Spouse Is Abroad
The division of marital property in Kazakhstan is one of the most contentious, expensive, and psychologically demanding categories of legal cases.
These cases involve:
- Apartments and houses;
- Businesses and corporate shares;
- Bank accounts;
- Investments;
- Property located abroad;
- Assets registered in the names of third parties.
❗ The biggest mistake is assuming that property division is "straightforward" or "automatically split 50/50."
In practice, this is a legal battle for assets, where those who lose are the ones who:
- Delay taking action;
- Act without a lawyer;
- Fail to understand the international elements involved.
Practical Insight: In 7 out of 10 property division cases, a spouse loses assets not because they were wrong, but because they consulted a lawyer too late!
This publication was prepared by Attorney:
Samat Serikovich Sagidanov
Member of the Astana City Bar Association
📞 WhatsApp / Phone: +7 702 847 80 20
📧 Email: garantplus.kz@mail.ru
👉 Initial Consultation — Free of Charge
You may write in any language (Russian, English, Chinese). I will personally arrange the translation and provide a legally precise response to ensure you do not lose your property and funds. Simply message me on WhatsApp or via email — I will review your situation and respond as soon as possible.
"If you are reading this, the risk already exists."
What is Considered Jointly Acquired Property in Kazakhstan?
Under the laws of the Republic of Kazakhstan, all property acquired during marriage is considered the joint property of the spouses, regardless of:
- Citizenship;
- Country of residence;
- Whose name the property is registered under;
- Who actually earned the money.
Joint property includes:
- Real estate (apartments, houses, villas);
- Land plots;
- Vehicles;
- Bank accounts and cash;
- Businesses, shares in limited liability partnerships (LLPs), and sole proprietorships;
- Investments and securities;
- Income from entrepreneurial activities.
📌 Note: Judicial practice in Kazakhstan shows that even if property is registered to only one spouse, the other spouse has the right to claim their share through a Kazakhstan court.
"Warning: The Court in Kazakhstan is an arbiter, not an investigator. By law, the court is not obliged to independently search for assets or prove their origin. If a party fails to state a claim, present evidence, or build a clear legal position, the court will not fill these gaps. This works both ways: if a spouse fails to provide strong evidence that property is their personal (separate) property, the court will, by default, recognize it as jointly acquired and split it in half. Under these conditions, the outcome depends entirely on the professionalism of your lawyer."
What is Formally Not Subject to Division — And Why That Isn't Always True
Typically, the following are not divisible:
- Property acquired before marriage;
- Property received as a gift;
- Property received through inheritance;
- Personal items.
❗ However: A spouse has the right to file a claim even for such property. The court may recognize it as jointly acquired if the following are proven:
- Investment of joint funds into the property;
- Capital improvements;
- Use of the property in the interests of the family;
- Fictitious (sham) registration.
📌 Filing a claim is possible. Whether the property will ultimately be divided is decided by the court.
Does Infidelity (Affairs) Affect Property Division?
Common inquiries:
- "Does cheating affect the division?"
- "I was caught having an affair — will I lose my property?"
👉 The mere fact of infidelity does not strip a person of their property rights. However, the court considers:
- Spending on third parties (mistresses/lovers);
- Hidden transfers of money;
- Fictitious transactions;
- Damage to the interests of the family and children.
📌 In such cases, the court may:
- Reduce the offender's share;
- Award monetary compensation;
- Declare transactions null and void.
Do Children Affect Property Division?
The court takes into account:
- The presence of minor children;
- Whom they reside with;
- Actual use of the housing.
📌 In the interests of the children, the court may deviate from the 50/50 rule, awarding a larger share of the property to the spouse with whom the children remain. However, children themselves do not have ownership rights in the division of marital property.
Division of Business and Shares in LLPs
Yes. If the business was created during the marriage:
- The share can be recognized as joint property;
- Income is considered joint;
- Monetary compensation is possible.
❗ Warning: In property division cases, Kazakhstan courts find that attempts to "re-register the business" almost always weaken one's legal position. Therefore, I recommend consulting with a Kazakhstani lawyer — in this case, with me.
Can You Claim Property Located Outside Kazakhstan?
👉 Yes. A Kazakhstan court has the right to:
- Hear claims regarding the division of such property;
- Establish ownership shares;
- Award monetary compensation if division in kind is impossible.
📌 The key factor is the circumstances of acquisition, not the country where the property is located.
"It is important to note: even if physical division of property abroad is difficult, the court may apply flexible compensation mechanisms. The court can:
- Determine ideal shares in ownership;
- Award monetary compensation equivalent to the value of your share;
- Foreclose on other assets of the defendant located in Kazakhstan to cover the value of the overseas property.
Division 'in kind' (e.g., one gets the house, the other the car) is not the only solution. The court may order the payment of the share's value in a monetary equivalent.
However, there is a serious risk: without access to the object abroad, the appraisal may be formal or based on outdated data. In my practice, there are frequent cases where, due to a lack of professional legal oversight, the amount recovered was disproportionate to the real value or was unreasonably inflated by the opponent. Without an attorney's active involvement in the appraisal process, you risk receiving a judgment for an amount that does not reflect market reality."
How is a Court Decision Enforced Abroad?
Options include:
- Recovery of a monetary sum;
- Recognition of the judgment in another country;
- Enforcement through international treaties.
Applicable frameworks:
- Minsk Convention 1993 (CIS);
- Chisinau Convention 2002;
- Bilateral treaties of the Republic of Kazakhstan;
- The principle of reciprocity.
📌 Facts established by a court in Kazakhstan are not subject to re-examination.
"Everything we record in a Kazakhstan court — the legal status of property, hidden accounts, real shares — will have precedential (prejudicial) force abroad. You will not have to initiate new, exhausting, and expensive proceedings in foreign courts to establish facts. Presenting a final judgment from the Republic of Kazakhstan is sufficient: foreign courts and authorities accept these findings as established and final. This significantly simplifies the division of foreign assets and protects your interests globally. But remember: this works both ways. If your spouse proves in Kazakhstan that property (including foreign assets) is jointly acquired, that fact becomes a mandatory basis for division worldwide."
Why You Risk Losing Everything Without a Lawyer
The court does not collect evidence on its own. If you haven't proven it, you've lost.
An attorney:
- Secures assets;
- Blocks the transfer of assets;
- Files for injunctive relief (freezing orders);
- Builds the strategy;
- Ensures actual enforcement.
❗ An error at the start of a case often costs half of the property or business.
Important: Residence Abroad Does Not Protect You
It is a mistake to believe that if you live outside Kazakhstan and do not participate in the trial, the court decision will not affect you. This is not true.
The court may:
- Hear the case in the defendant's absence (given proper notification);
- Award a monetary sum even if the property is abroad;
- Determine compensation instead of division in kind.
Once the decision enters into legal force, enforcement is possible through:
- Assets located in Kazakhstan;
- Procedures for recognition and enforcement of the judgment abroad;
- Compulsory enforcement measures within Kazakhstan.
📌 In practice: If a court awards a sum against you and you do not pay voluntarily, a bailiff can initiate a travel ban from the Republic of Kazakhstan. Even if you live abroad, upon entering Kazakhstan, you may find yourself unable to leave the country until the debt is paid in full.
FAQ: Common Questions on Property Division
1. Is property registered to third parties divisible?
Short answer: Yes. The court evaluates the economic nature, source of funds, and actual use, rather than just the formal owner.
2. Does a prenuptial/postnuptial agreement affect the division?
Yes, but it is not absolute. A court can invalidate an agreement if it places one spouse in an "extremely unfavorable position."
3. Can property acquired before marriage be divided?
Yes, in specific cases. If joint funds significantly increased the property's value (e.g., major renovations).
4. Can money be recovered instead of physical property?
Yes. This is often the most effective strategy, especially for international disputes.
Legal Assistance in Kazakhstan
Attorney Samat Serikovich Sagidanov
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Expertise in international elements and remote representation;
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Handling complex business and high-value assets;
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Focus on actual results, not just "paper" victories.
