The list of jointly acquired property can only be confirmed with the help of certain types of evidence. And errors in proof can lead to a negative result when considering a case in court.
In accordance with Russian law, the joint property of spouses includes any movable and immovable property, money, bank deposits, securities, shares, shares, income received from employment (including from doing business). When the property is divided, it matters in whose name (husband or wife) it is registered. The division of property can take place separately from the divorce.
How to prove the presence of property in court
The Civil Procedure Code of the Russian Federation requires that all circumstances in the case be supported by admissible evidence. An example is the case when spouses share an apartment they bought in marriage. The fact of its presence is confirmed by a certificate of ownership or a sales contract.
Thus, the list of property can be proved by submitting written documents to the court. These include not only title papers. The court takes into account any documentation:
- cash and sales receipts for the purchase of things, - operating instructions with warranty cards, - waybills, orders, receipts, certificates, - savings books and agreements for opening an account, - extracts from the register of shareholders, certified by the holder of the register, - financial statements of profit.
The main thing is that the written document contains information about the property and is properly executed.
If the original document is lost, you can always get a duplicate. It is necessary to contact the organization that issued the original, write a statement and get a second copy.
But what about the testimony of witnesses?
By law, testimony is evidence. Meanwhile, the specifics of consideration of cases on the division of property is such that its presence or absence can only be confirmed by written evidence. But in some cases, the testimony of witnesses can play a positive role.
The husband and wife shared a country house. At the time of the consideration of the case by the court, finishing work was underway in the house. The wife did not apply for the house, but wanted to receive half of its price, along with the cost of finishing work. She could not provide written evidence proving the amount of funds spent and the amount of work, but she invited witnesses.
After evaluating the documents, the testimony of her husband, who did not deny that some of the work had been completed, and the testimony of witnesses, the court came and partially satisfied the demands of his wife.
Bailiffs and inventory of property
With the help of bailiffs-executors, you can make an inventory of property. As a rule, this need arises when dividing household belongings (furniture, furnishings, household appliances). If one of the parties obstructs or denies the existence of the property, the opponent can petition for the production of its inventory.
The court issues a ruling and issues a writ of execution. On the basis of the executive document, the bailiff at the location of the property makes an inventory of it and sends it to the court.
The inventory is made with the participation of both parties and two attesting witnesses. The plaintiff and the defendant are notified by the bailiff in advance of the day and time of drawing up this document.
In these ways, you can confirm the list of property to be divided.