Articles | SOT ZEYINI

Division of marital property May 29, 2026 • 363 views

How Is a Mortgaged Home Divided During Divorce in Kazakhstan?

If an apartment or house was purchased with a mortgage during marriage, it is usually considered marital property. This means both spouses may have rights to it, even if the property is officially registered only in one spouse’s name. However, dividing a mortgaged home is more complicated than dividing ordinary property. The property is pledged to the bank, so the court must consider not only the spouses’ rights, but also the outstanding mortgage debt, the loan agreement, and the bank’s interests.

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Division of marital property May 29, 2026 • 281 views

Is property acquired before marriage divided?

As a general rule, property acquired before marriage is not divided in divorce. It is considered the personal property of the spouse who owned it before the marriage. For example, if a man bought an apartment before marriage and later got married, his wife does not automatically receive a 1/2 share in that apartment upon divorce. The same applies if a woman bought a house before marriage: her husband does not automatically become a co-owner. However, there is an important exception. If during marriage joint funds, the other spouse’s personal funds, or the labor of either spouse were invested into the property and those investments significantly increased its value, the property may be recognized as joint marital property or compensation may be awarded. In short: property before marriage usually stays personal, but serious improvements during marriage can change the legal picture.

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Division of marital property May 29, 2026 • 300 views

Can a husband get a share if the house is registered to the wife?

Yes. A husband may claim a share if the house or apartment was acquired during the marriage. Even if the property is registered only in the wife’s name, it may still be considered joint marital property. In Kazakhstan, the key issue is not only whose name appears in the ownership documents. The court will look at when the property was acquired and what funds were used. If the house was purchased during the marriage and it is not proven to be the wife’s personal property, the husband may ask the court to recognize it as joint property and determine his share.

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Division of marital property May 29, 2026 • 1406 views

Can a wife get a share if the house is registered to the husband?

Yes. A wife may claim a share if the house or apartment was acquired during the marriage. Even if the property is registered only in the husband’s name, it may still be considered joint marital property. In Kazakhstan, the key issue is not only whose name appears in the ownership documents. The court will look at when the property was acquired and what funds were used. If the house was purchased during the marriage and it is not proven to be the husband’s personal property, the wife may ask the court to recognize it as joint property and determine her share.

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Division of marital property May 29, 2026 • 286 views

How is property divided in divorce?

In divorce, property acquired by spouses during marriage is usually considered joint marital property and may be divided between them. As a general rule, the spouses’ shares are presumed equal. However, property division is not always a simple 50/50 process. The court may consider when the property was acquired, what funds were used, whose name it is registered under, whether there is a prenuptial agreement, whether there are children, mortgages, loans, sold property, business assets, and other circumstances. The key point is this: if property is registered only in one spouse’s name, that does not automatically mean it belongs only to that spouse. If it was acquired during marriage, the other spouse may also have rights to it.

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Visitation schedule, custody, parental rights May 29, 2026 • 311 views

Whose permission is needed to sell a child’s property?

If property is registered in the name of a minor child, or the child is a co-owner, the parents cannot simply sell it at their own discretion. In most cases, the consent of the parents or legal representatives and permission from the guardianship and custody authority are required. The purpose of this rule is to protect the child’s property rights. Until the child reaches adulthood, they cannot fully dispose of their property independently, so the state supervises transactions to make sure the child’s interests are not harmed. In simple terms: if the child owns the property, “we are the parents, so we decide” is not enough. The child’s interests come first.

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Visitation schedule, custody, parental rights May 29, 2026 • 270 views

What is a child visitation schedule?

A child visitation schedule is a clear arrangement that defines when, where, and how the parent living separately communicates with the child. It may be established: by agreement between the parents; through mediation; through the guardianship authority; by court decision. A vague phrase such as “the father may see the child” is usually not enough. A proper schedule should specify the exact days, time, location, handover procedure, phone calls, video calls, holidays, school vacations, and special conditions.

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Visitation schedule, custody, parental rights May 29, 2026 • 236 views

Can insults against the other parent be used as evidence?

Yes. If a mother or father insults the other parent in front of the child, this may be used as evidence in court. However, a general statement such as “he insults me in front of the child” or “she speaks badly about me” is usually not enough. The court will look at specific facts: what exactly was said; how often it happened; whether the child heard it; how it affected the child; whether there are audio, video, messages, or witnesses; whether there is a psychologist’s opinion; what the guardianship authority says. If a parent regularly says things like “your father abandoned you,” “your mother does not love you,” “do not go to him,” or “tell the court you do not want to see her,” this may be considered psychological pressure and an attempt to turn the child against the other parent.

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Visitation schedule, custody, parental rights May 29, 2026 • 250 views

Балаға психологиялық қысым деген не?

Балаға психологиялық қысым — баланың ішкі күйіне, қауіпсіздік сезіміне, өзін-өзі бағалауына және қалыпты дамуына зиян келтіретін сөздер, әрекеттер немесе тұрақты мінез-құлық. Бұл тек ұрып-соғу емес. Кейде балаға физикалық күш қолданылмаса да, оның психикасына ауыр зиян келуі мүмкін. Мысалы, баланы қорқыту, кемсіту, кінәлау, “сен ешкімге керек емессің” деп айту, бір ата-анасына қарсы қою, баланы сот немесе алимент дауына құрал ету — мұның бәрі психологиялық қысым белгілері болуы мүмкін. Психологиялық қысым сырт көзге бірден байқалмауы мүмкін. Бірақ балада қорқыныш, тұйықталу, жылауықтық, ұйқының бұзылуы, сабақ үлгерімінің төмендеуі, ата-ананың бірінен қорқу немесе өзін кінәлі сезіну сияқты белгілер пайда болуы мүмкін. “Қол тигізген жоқ қой” деген сөз психологиялық зиян жоқ дегенді білдірмейді. Кейде сөз де соққыдан кем ауыр болмайды.

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Visitation schedule, custody, parental rights May 29, 2026 • 295 views

What is termination of parental rights?

Termination, or deprivation, of parental rights is a court measure under which a mother or father loses legal rights in relation to the child. The parent can no longer raise the child, represent the child’s interests, make important decisions on behalf of the child, or act as the child’s legal representative. However, termination of parental rights does not release the parent from the duty to support the child. The parent may lose rights, but the obligation to pay child support remains. This is one of the most serious legal measures in family law. It is not used because of ordinary conflict between parents. It is applied when the parent’s conduct seriously violates the child’s rights and interests.

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