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What needs to be checked in divorce property investigation

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What needs to be checked in divorce property investigation


        

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  • 2024-06-26 07:00:01

    In many marriage relationships, the status of men and women in the family is not equal, and the property status is not in the hands of both husband and wife, but in the hands of one party. The serious situation is that one of the spouses has transferred, hidden and sold their common property for many times, while the other party is completely unaware of it. So it is particularly important for the weak party who does not control the property to do a good job of property transfer when divorce.
    First of all, we should collect as many clues as possible before divorce. For example, the bank card number, stock, fund account and insurance purchase of the other party can be collected through the other party's items left at home.
    Secondly, after the case is filed, in addition to the property that can be proved by evidence, such as vehicles, some real estate and other properties, you can apply to the court for obtaining or issuing an investigation order for the property clues that do not know the specific content. For example, application for investigation of bank flow and stock fund account or issuance of investigation order to lawyers will be investigated by lawyers. In addition to knowing how much property exists, it is also possible to find out whether the other party has transferred, concealed or sold the joint property of the husband and wife. For example, if it is found that there is a large amount of funds transferred out in the bank flow and the other party cannot give a proper reason, the court can request the other party to share less or no property when dividing the property.
    Legal basis:
    Article 39 of the Marriage Law of the People's Republic of China
    At the time of divorce, the joint property of the husband and wife shall be disposed of by both parties through agreement; If no agreement is reached, the people's court shall make a judgment on the basis of the specific conditions of the property and the principle of taking care of the rights and interests of children and women.
    The rights and interests enjoyed by the husband or wife in the household land contract management shall be protected according to law.

    Li***

    2024-06-26 07:00:01

  • civil Relevant knowledge

  • law

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