The list of joint property can be confirmed only by certain types of evidence.
A mistake in proving could lead to a negative result in the proceedings in court.
In accordance with Russian legislation, tothe joint property of spouses includes any movable or immovable property, cash, bank deposits, securities, stocks, shares, income earned from work (including from doing business). If the division of property matter in whose name (husband or wife) is registered. The division of property may be held separately from the divorce.
How to prove the existence of property in court
The Civil Procedure Code requiresto all the circumstances of the case were confirmed by admissible evidence. As an example, a case where the couple shared an apartment, bought in marriage. The fact of its existence is confirmed by a certificate of ownership or contract of sale.
Thus, the list of property can be proved by submitting written documents to the court. These include not only constitutive of paper. The court takes into account any documentation:
- Cash payments and receipts on the acquisition of things,
- The instruction manual with warranty card,
- Invoices, orders, receipts, certificates,
- Savings books and instruments for opening an account,
- Extracts from the register of shareholders certified by the registrar,
- Financial Statements of earnings.
The main thing - to a written document containing information about the property and was decorated appropriately.
If the original document has been lost, you can always get a duplicate. It is necessary to contact the organization that issued the original, write an application and get a second copy.
What about witnesses?
According to the law, are a testimonyevidence. Meanwhile, the specifics of cases on the division of property is that its presence or absence can be confirmed only by written evidence. But in some cases, witnesses may play a positive role.
Husband and wife shared a vacation home. At the time of consideration of the case by the court in the house were finishing work. Wife at home did not apply, but wanted to get half of its price, together with the cost of finishing. Written evidence showing the amount of money spent and the amount of work she could not imagine, but the invited witnesses.
After evaluating the documents, the testimony of her husband, who did not deny that part of the work performed, and the testimony of witnesses, the court partially satisfied the requirements of his wife.
Bailiffs and inventory of property
With the help of bailiffs canthe seizure of property. Typically, this occurs when the need for the section household goods (furniture, furnishings, household equipment). If one of the parties impedes or denies the existence of assets, your opponent can make a request for the production of its inventory.
The Court makes a decision and issues a writ of execution. On the basis of executive document police officer at the location of the property makes it an inventory and send it to the court.
Inventory is carried out with the participation of both parties and two witnesses. On the day and time of this writing, the plaintiff and the defendant shall be informed in advance bailiff.
Here are ways you can confirm the list of property to be distributed.