What To Do If The Spouse Hides The Property

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What To Do If The Spouse Hides The Property
What To Do If The Spouse Hides The Property

Video: What To Do If The Spouse Hides The Property

Video: What Happens if a Spouse Hides His or Her Assets During a Divorce? 2022, December
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Sometimes such a difficult process as a divorce is accompanied by a very painful division of property. Sometimes one of the parties tries to hide the existing property acquired in marriage, and the other party has to make an effort to prove the presence of additional property.

What to do if the spouse hides the property
What to do if the spouse hides the property

Situations are not uncommon when, in the process of divorce and division of property, one of the spouses tries to hide the property he has. The question arises - is it possible to somehow check the presence of such property on your own and how to confirm its presence, if there really is one?

Now the ownership of real estate is confirmed by the extract from the USRN.

You can independently obtain information about the availability of property from your spouse only if you know specific addresses or you have assumptions about this. In this case, you can independently order an extract from the Unified State Register of Real Estate (USRN). To receive an extract, you must pay a state fee. You can order such an extract both through a personal visit and via the Internet - in multifunctional centers, on the website of state services (https://www.gosuslugi.ru), on the official website of Rosreestr (https://rosreestr.ru).

Be careful! Many offices offer an expedited receipt of an extract - these are not always scammers, very often these are just organizations that earn by ordering certificates all in the same Rosreestr. But, of course, in this case, the certificate will cost you more. And in order not to get to scammers, it is still better to use the official resources indicated above.

In this case, the search will be performed at one specific address, and you will find out who is the owner of the property and some other information.

That is, the search will not be conducted for a specific person - you cannot make a request to the name of Ivan Ivanovich Ivanovich and get a list of all his apartments, dachas, cars and yachts. This is classified information.

Such information may be requested by the court. If you have doubts in court that there is still some property, you need to write a petition for the retrieval of evidence, in which you need to ask the court to send a court request for information from the Unified State Register of Real Estate. According to the law, if a person cannot obtain evidence on his own, the court provides assistance upon his request.

How to justify and what to refer to

  1. Article 35 and Article 57 of the Civil Procedure Code (Code of Civil Procedure of the Russian Federation).
  2. paragraph 13 of Art. 62 of the Federal Law (FZ) "On state registration of real estate".
  3. clause 31 of the Order of the Ministry of Economic Development of the Russian Federation dated December 23, 2015 No. 968 "On establishing the procedure for providing information contained in the Unified State Register of Real Estate, and the procedure for notifying applicants about the progress of providing services for providing information contained in the Unified State Register of Real Estate."

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