In accordance with Russian legislation, joint property of spouses includes any movable and immovable things, monetary funds, Bank deposits, securities, shares, units, or income received from employment (including from business). The division of property matter in whose name (husband or wife) it was. Division of property can take place separately from the divorce.
Civil procedure Code requires that all circumstances of the case were confirmed by admissible evidence. As example, a case where the couple shared an apartment bought in marriage. The fact that its presence is confirmed by the certificate of ownership or contract of sale.
Thus, the list of property we can prove by submitting to the court written documents. These include not only the title of the paper. The court shall consider any documentation:
- cash and receipts on the acquisition of things,
- instruction manual with warranty card,
- invoices, orders, receipts, certificates,
- passbook and agreements to open accounts
- extract from the register of shareholders certified by the Registrar,
- accounting statements of profit.
The main thing - that the written document contained the information about the property and was duly executed.
According to the law, the testimony is evidence. Meanwhile, the specifics of consideration of cases on division of property such that its presence or absence can be confirmed only written evidence. But in some cases, witnesses can play a positive role.
Husband and wife shared a country house. At the time of trial in the house were finishing work. Spouse for house is not claimed, but was willing to get half of its price together with the cost of finishing works. Written evidence of the amount of money spent and the amount of work she couldn't present, but invited witnesses.
After evaluating the documents, the testimony of her husband, who did not deny that part of the works, and the testimony of witnesses, the court came partially satisfied the claim of the wife.
With the help of bailiffs-executors to make an inventory of the property. Typically, this need arises in the division of household belongings (furniture, furnishings, household appliances). If one of the parties interferes with or denies the existence of assets, the opponent may petition for production of his inventory.
The court makes a determination and issues a writ of execution. On the basis of Executive documents the bailiff at the location of the property produces its inventory and sends it to the court.
Here are ways you can confirm the list of property subject to division.
Than to prove the existence of the property in court
Civil procedure Code requires that all circumstances of the case were confirmed by admissible evidence. As example, a case where the couple shared an apartment bought in marriage. The fact that its presence is confirmed by the certificate of ownership or contract of sale.
Thus, the list of property we can prove by submitting to the court written documents. These include not only the title of the paper. The court shall consider any documentation:
- cash and receipts on the acquisition of things,
- instruction manual with warranty card,
- invoices, orders, receipts, certificates,
- passbook and agreements to open accounts
- extract from the register of shareholders certified by the Registrar,
- accounting statements of profit.
The main thing - that the written document contained the information about the property and was duly executed.
If the original document is lost, you can always obtain a duplicate of it. You must contact the organization that issued the original, to write a statement and get a second copy.
But what about the witnesses?
According to the law, the testimony is evidence. Meanwhile, the specifics of consideration of cases on division of property such that its presence or absence can be confirmed only written evidence. But in some cases, witnesses can play a positive role.
Husband and wife shared a country house. At the time of trial in the house were finishing work. Spouse for house is not claimed, but was willing to get half of its price together with the cost of finishing works. Written evidence of the amount of money spent and the amount of work she couldn't present, but invited witnesses.
After evaluating the documents, the testimony of her husband, who did not deny that part of the works, and the testimony of witnesses, the court came partially satisfied the claim of the wife.
Bailiffs and seizure of property
With the help of bailiffs-executors to make an inventory of the property. Typically, this need arises in the division of household belongings (furniture, furnishings, household appliances). If one of the parties interferes with or denies the existence of assets, the opponent may petition for production of his inventory.
The court makes a determination and issues a writ of execution. On the basis of Executive documents the bailiff at the location of the property produces its inventory and sends it to the court.
The inventory is performed with the participation of both parties and two witnesses. On the day and time of drafting this document the plaintiff and the defendant officer shall be notified in advance.
Here are ways you can confirm the list of property subject to division.