The list of jointly acquired property can only be confirmed with the help of certain types of evidence.
And errors in proving can lead to a negative result in the consideration of the case in court.
In accordance with Russian law,Joint property of spouses are any movable and immovable things, money, bank deposits, securities, shares, shares, income earned from work (including from business). When the property is divided, it matters in whose name (husband or wife) it is registered. The division of property can be separated from the divorce.
How to prove the availability of property in court
The Civil Procedural Code of the Russian Federation requires,So that all the circumstances in the case were confirmed by admissible evidence. As an example, we can cite the case when the couple divide an apartment bought in marriage. The fact of its availability is confirmed by a certificate of ownership or a contract of sale.
Thus, the list of property can be proved by submitting written documents to the court. These include not only the title papers. The court takes into account any documentation:
- cash and commodity checks on the acquisition of things,
- operating instructions with warranty coupons,
- invoices, orders, receipts, certificates,
- Savings books and agreements for opening an account,
- extracts from the register of shareholders certified by the registrar,
- accounting reporting on profits.
The main thing is that a written document should contain information about the property and be duly executed.
If the original document is lost, you can always get its duplicate. It is necessary to contact the organization that issued the original, write an application and receive a second copy.
But what about the testimony of witnesses?
According to the law, testimony isEvidence. Meanwhile, the specifics of the consideration of cases on the division of property is such that its existence or absence can be confirmed only by written evidence. But in some cases the testimony of witnesses can play a positive role.
Husband and wife shared a country house. At the time of consideration of the case, the court carried out finishing works in the house. The spouse did not apply for the house, but wished to receive half of its price together with the cost of finishing works. Written evidence, indicating the amount of money spent and the amount of work, she could not submit, but invited witnesses.
Having evaluated the documents, the testimony of her husband, who did not deny that part of the work was done, and the testimony of witnesses, the court came in part to satisfy the wife's demands.
Bailiffs and property records
With the help of court bailiffs, you canMake an inventory of property. As a rule, this need arises when you divide the household items (furniture, furnishings, household appliances). If one of the parties obstructs or denies the existence of property, the opponent may file a petition for the production of his inventory.
The court passes a ruling and writes out the writ of execution. On the basis of the executive document, the officer at the location of the property produces his inventory and sends it to the court.
The inventory is made with the participation of both parties and two witnesses. The plaintiff and the respondent are notified in advance of the day and time of drawing up this document.
In this way it is possible to confirm the list of property to be divided.