General rule: property is usually divided equally

If property was acquired during marriage, it is usually treated as jointly acquired marital property.

This may include:

• apartment;
• house;
• land plot;
• car;
• business assets;
• money in bank accounts;
• furniture;
• household appliances;
• valuable items;
• mortgaged property;
• other assets acquired during marriage.

As a general rule, such property is divided equally. However, equal division does not always mean that every object is physically split in half. For example, an apartment may remain with one spouse, while the other receives monetary compensation.

When can property be divided not 50/50?

For unequal division, the court must find special circumstances.

Such circumstances may include:

• interests of minor children;
• children living with one parent;
• lack of income by one spouse without valid reasons;
• spending marital property against family interests;
• hiding money or assets;
• selling property without the other spouse’s consent;
• spending family funds on gambling, alcohol, or personal purposes;
• investment of one spouse’s personal funds into marital property;
• prenuptial agreement;
• property division agreement;
• health condition of one spouse;
• disability or special need of one spouse.

Each case is considered individually. The court does not change shares based on emotions. Evidence is required.

If there are children, is property automatically divided unequally?

No. The presence of children does not automatically mean that property will be divided 70/30 or 2/3 and 1/3. Children do not automatically become owners of their parents’ property after divorce.

However, the court may consider the interests of minor children. For example, if the children remain with the mother or father, that parent may objectively need housing more. In such cases, the court may consider leaving the home to one spouse with compensation to the other or increasing one spouse’s share.

Example:
Two children remain with the mother. The family has only one apartment. The father lives separately and has another place to live. In this situation, the mother may ask the court to consider the children’s interests and determine a larger share for her or leave the apartment to her with compensation to the father.

If one spouse did not work, is their share reduced?

Not always. If one spouse did not work because they cared for children, managed the household, cared for family members, or supported family life, this does not mean they lose property rights.

For example, the wife stayed home with the children for several years while the husband worked and earned income. This does not automatically reduce the wife’s share. Contribution to family life is not measured only by salary.

However, if one spouse did not work without valid reasons, did not contribute to family life, wasted common property, created debts, or acted against family interests, the court may take this into account.

What if one spouse wasted marital property?

If one spouse spent marital property against the interests of the family, the other spouse may ask the court to depart from equal shares.

For example, one spouse:

• spent family money on gambling;
• sold a car to a relative at a reduced price;
• secretly withdrew money from an account;
• sold marital property without consent;
• transferred family money to third parties;
• used common income for personal purposes;
• artificially increased debts before divorce.

In such cases, the court may be asked to account for the value of lost property, increase the other spouse’s share, or award compensation.

I invested more money. Is that enough for a larger share?

It depends. If the money was earned during marriage, it is usually considered common family income. Therefore, saying “I paid for the apartment” does not always justify a 70/30 division.

For example, the husband worked and paid the mortgage, while the wife cared for the children and household. Even though the income came to the husband’s account, the property may still be considered common.

The situation is different if one spouse invested personal funds, such as:

• money saved before marriage;
• inheritance;
• gifted money;
• proceeds from selling personal property;
• personal compensation;
• funds not considered common family income.

If the personal nature of the funds is proven, the court may consider it during property division.

If the apartment is registered to one spouse, can it be divided not 50/50?

Yes. Registration of an apartment or house in one spouse’s name does not automatically mean that it fully belongs only to that spouse. If the property was acquired during marriage, it may be recognized as marital property.

When determining shares, the court may consider:

• when the property was purchased;
• who paid the down payment;
• who paid the mortgage;
• what funds were used for payments;
• whether personal funds were invested;
• which parent the children live with;
• whether the parties have other housing;
• market value of the property;
• remaining loan debt.

If special circumstances are proven, shares may be determined unequally.

Can a mortgaged apartment be divided not 50/50?

Yes. When dividing mortgaged housing, the court may consider not only the property value but also the remaining debt to the bank.

Example:
Market value of the apartment — KZT 40,000,000.
Remaining mortgage debt — KZT 20,000,000.
Net property value — KZT 20,000,000.

If children remain with one spouse or one spouse takes over further mortgage payments, the court may leave the apartment to one spouse and determine compensation for the other.

Important: the bank is not required to automatically change the loan agreement after the court decision. Changing the borrower or mortgage terms usually requires the bank’s consent.

Can a car be divided not 50/50?

Yes. A car may remain with one spouse, while the other receives monetary compensation. If the car is needed to transport children, the court may consider this circumstance.

Unequal division may also be possible if the car was purchased with one spouse’s personal funds or if the other spouse sold the car without consent.

Can a business be divided not 50/50?

Yes. When dividing a business, the court may consider assets, income, debts, equipment, inventory, customer base, and real business value.

If the business is connected to one spouse’s personal professional activity, it may be difficult to divide physically. In such cases, the business may remain with one spouse, while the other receives compensation.

If one spouse invested personal funds in the business or the other spouse hid business income, this may also affect the shares.

Does a prenuptial agreement override the 50/50 rule?

If the spouses have a prenuptial agreement, property may be divided according to that agreement. The agreement may determine which property belongs to whom and in what shares.

For example, the agreement may state that the apartment belongs 70% to the wife and 30% to the husband. Or it may state that the business remains with one spouse and the apartment with the other.

However, a prenuptial agreement must not violate the law or put one spouse in an extremely unfavorable position.

Can spouses agree on unequal division without court?

Yes. Spouses may sign a property division agreement and set any lawful shares. This is often faster and cheaper than court proceedings.

For example:

• the apartment remains with the mother and children;
• the car remains with the father;
• one spouse continues paying the mortgage;
• one spouse keeps the business;
• the other receives monetary compensation;
• one spouse waives part of the property in exchange for other terms.

The agreement should be drafted clearly. The less fog in the document, the fewer legal dramas later.

What evidence is needed for unequal division?

To justify unequal division, the following evidence may be useful:

• children’s birth certificates;
• documents confirming that children live with one parent;
• housing condition documents;
• property documents;
• purchase agreements;
• mortgage or loan agreements;
• bank statements;
• payment documents;
• valuation report;
• documents proving personal investment;
• inheritance or gift documents;
• evidence of sale or concealment of property;
• evidence of wasteful spending;
• income documents;
• medical documents;
• WhatsApp/SMS/email correspondence;
• witness statements.

What claims can be filed in court?

Depending on the situation, a spouse may ask the court to:

• recognize property as jointly acquired marital property;
• determine unequal shares;
• divide property in shares such as 70/30, 60/40, 2/3 and 1/3, or otherwise;
• leave property to one spouse with compensation to the other;
• consider the interests of minor children;
• consider personal funds of one spouse;
• account for wasted or hidden property;
• recover the value of sold property;
• appoint valuation or court expert examination;
• impose an arrest or prohibit registration actions.

Can a spouse ask for 70/30 or 2/3 and 1/3?

Yes. But the court is not required to automatically approve such proportions. The claim must explain why those shares are fair.

For example:

• two or three children remain with one parent;
• most of the property was bought with one spouse’s personal funds;
• the other spouse hid or wasted marital property;
• one spouse takes over the mortgage;
• one spouse has health problems;
• the other spouse has other housing;
• the disputed home is the children’s only place of residence.

Each argument must be supported by documents.

How can a larger share be justified because of children?

If the children remain with one parent, the claim should describe specific circumstances:

• children’s age;
• where they study;
• where they are registered;
• where they actually live;
• whether they have other housing;
• children’s health condition;
• need for special care;
• why moving may harm their interests.

Simply saying “the children live with me” is usually not enough. It is necessary to show why the property is important for the children.

If one spouse sold property, does it affect the shares?

Yes, it may. If one spouse sold marital property without the other spouse’s consent, the court may take the value of that property into account.

For example, the husband sold a car before divorce. The wife may ask the court to determine the market value of the car and recover her share in money. If the car was sold at a reduced price, valuation or expert examination may be requested.

What if one spouse invested personal funds?

The personal nature of the funds must be proven.

Useful evidence includes:

• inheritance certificate;
• gift agreement;
• bank statements showing savings before marriage;
• agreement for sale of personal property;
• payment documents;
• written acknowledgments;
• correspondence;
• bank account movement.

If personal funds are proven, the court may consider them during property division.

Common mistakes

The first mistake is asking for a larger share only because the children live with you. The children’s interests must be proven.

The second mistake is assuming that the spouse who earned money owns the property. Income received during marriage is often treated as common income.

The third mistake is failing to prove personal money. Without documents, inheritance, gifts, or premarital savings may become mixed with marital property.

The fourth mistake is reacting too late after property is sold. If there is a risk of transfer, interim measures should be requested immediately.

The fifth mistake is asking for 70/30 without calculations and evidence. The court needs logic, not just a nice number.

Conclusion

Marital property can be divided not 50/50, but special circumstances and evidence are required. Equal shares are the general rule, while unequal division is an exception.

If there are children’s interests, personal investments, hidden assets, wasted property, mortgage obligations, health issues, or other important circumstances, the court may be asked to determine different shares.

Evidence is the key. With documents, 70/30 may become a serious argument. Without documents, 50/50 often remains the default classic.

FAQ — Frequently Asked Questions

1. Is property always divided 50/50 during divorce?

Usually, yes. But in exceptional cases, the court may determine different shares.

2. Can property be divided 70/30?

Yes, but the grounds must be proven, such as children’s interests, personal investments, hidden assets, or waste of marital property.

3. If the children live with me, will I get more?

Not automatically. The court may consider the children’s interests, but they must be specifically justified.

4. If the wife did not work, is her share reduced?

Not necessarily. Childcare and household work may also be considered a contribution to the family.

5. If only the husband earned income, does the property belong to him?

No. Income earned during marriage is usually considered common income of the spouses.

6. If one spouse wasted marital property, can their share be reduced?

Yes, if it is proven.

7. If I invested personal money, can I receive a larger share?

Yes, if you prove that the money was personal: inheritance, gift, premarital savings, or proceeds from selling personal property.

8. Can a prenuptial agreement set unequal shares?

Yes, a prenuptial agreement may establish a different property division regime.

9. Can the apartment remain with the parent who lives with the children?

Yes, the court may leave the home to one spouse and award compensation to the other.

10. Can a mortgaged apartment be divided not 50/50?

Yes, the court may consider the home value, remaining debt, children’s interests, and future mortgage payments.

11. Can a car be divided unequally?

Yes. A car may remain with one spouse, while the other receives compensation.

12. What if one spouse sold the property?

The other spouse may claim the value of the sold property or their share in monetary form.

13. What evidence is important?

Bank statements, payment documents, children’s documents, property valuation, correspondence, documents proving personal funds, and evidence of hidden assets.

14. Can a spouse ask for 2/3 and 1/3?

Yes, but it must be explained and proven why such shares are fair.

15. Can spouses agree on unequal division without court?

Yes, spouses may sign a property division agreement and set any lawful shares.