First, how do couples check each other's property? What are the ways?
You can apply to the court for investigation, or you can hire a professional lawyer to investigate. Lawyers can go to the relevant departments to investigate with the certificate issued by the law firm. Non-state organs such as companies and units may run into a wall. For example, state organs should be able to investigate property. At the same time, you can apply to the court for preservation measures for the spouse's personal property or the husband and wife's joint property. If one of the spouses applies for taking preservation measures for the personal property of the spouse or the joint property of the husband and wife, the people's court may determine a reasonable amount of property guarantee according to the actual situation within the scope of the losses that may be caused by taking preservation measures.
Second, spouses can investigate property.
1. Check bank deposits and letters of credit for evidence collection.
Two problems should be paid attention to in bank deposits involved in divorce property division:
1) The court decided to divide the existing bank deposit balance;
2) The deposit transferred by the other party during the litigation or before the prosecution is a compensation lawsuit. Therefore, when collecting the other bank deposits, we should examine two aspects, that is, the deposit balance and deposit and withdrawal details within a certain period of time.
Under normal circumstances, the parties or lawyers of the other party's bank deposits cannot directly apply to the bank for inquiry. Only lawyers can apply to the court for an investigation order or directly apply to the court for bank withdrawal. The court accepts the application on the premise that it must provide the specific bank name and bank account number of the other party. To this end, what the parties and lawyers have to do is to check the other party's bank account number.
2. Inquiry and evidence collection of wages and remuneration
In the division of divorce property, one party's salary cannot be directly used as the basis for the division of husband and wife's common property. Mainly because the division of the joint property of husband and wife is based on the existing property at the time of divorce. Therefore, inquiring about the other party's salary and remuneration is often a measure of the maintenance that the other party should bear.
When querying the salary information of the other party, we should pay attention to the following three aspects:
1) At present, most companies pay salaries by bank transfer, and the funds in the bank salary account are often more than the salary certificate issued by the company. Therefore, in addition to asking the other unit to issue a certificate of salary income, it should also ask for the bank account number for paying wages;
2) The housing accumulation fund and housing subsidy obtained by the other party during the marriage relationship also belong to the joint property of husband and wife. When inquiring about wage income, you can ask for the housing provident fund and housing subsidies to be distributed together;
3) The economic compensation for the other party's resignation (buyout length of service) is different from the general wage income, and has a strict and close relationship with the identity. Belong to the children's personal property, not as a joint property of husband and wife.
In general, you can find a lawyer to investigate. A lawyer can get the salary and income certificate of the other party by issuing a letter of introduction from a law firm to the unit for inquiry. However, the court will be required to collect bank salary accounts, housing provident fund and housing subsidies. Therefore, when inquiring about the salary income of the other party, it is better to apply directly to the court for an investigation order, or apply to the court for direct collection. Sometimes the other party may change several different units in a short time, and you need to go to these units to get them back one by one.
3, stock trading and fund account information query and evidence collection
Generally speaking, the funds in a stock account consist of two parts:
1) The current market value of the stock.
2) Equity fund account balance.
In practice, it is often controversial that because the market value of a stock fluctuates greatly, it may increase in value or decrease in value. At this time, it is necessary for both parties to negotiate what price standard to divide. If negotiation fails, the court will take a time point (the average value in a certain period) to determine the price of the stock, and order the holder of the stock to pay half the consideration to the other party.
For the inquiry of stock trading information, if it is best to name the specific securities account opening company, the court can directly go to the securities company to obtain the account opening information of the other party according to the application. If you can't give a specific securities account company, you must take the other party's ID number to CITIC Jiantou Shanghai Settlement Company or CITIC Jiantou Shenzhen Settlement Company for investigation, but the procedure will be much more complicated.
Due to the particularity of stock trading, today's stock trading will entrust a third-party bank for fund custody, that is, the stock funds will be transferred out or transferred in from the third-party bank. To this end, the application for court investigation also has two parts, one is the stock trading statement; One is the account fund statement.
4, the company equity information query
The situation of husband and wife's equity in the company is simpler than the above types of property, but it is the most difficult one in value evaluation. In financial management, there are very few companies that operate legally and keep accounts objectively. With convenient economic exchanges, there are still a large number of "shell companies". Their annual turnover is amazing and their profits are not cheap, but their annual financial statements may be at a loss. However, the ambiguity of company value and the special protection of shareholders' rights and interests by company law (shareholders' equity transfer only needs the approval of shareholders' general meeting) have brought great difficulties to the spouses of non-company shareholders. In practice, it is suggested that the parties apply to the court to preserve the other party's equity and prevent the other party from making seemingly legal equity transfer.
You can also find a professional lawyer to inquire about the company's equity information. Lawyers can go directly to the industrial and commercial departments with their practice licenses, letters of introduction from law firms and agency contracts. The inquiry covers the application for business commencement, articles of association, annual inspection report, notice of filing a case by the court, enterprise balance sheet and income statement.
5, real estate information query
Real estate situation is the most important content of property division in divorce disputes today. In most cases, both husband and wife know how many houses they have bought during the marriage, but there are still many careless wives. If there are multiple houses at home, only the name of the community is known, but the specific unit, floor and date are not known, and some even only know the approximate location. This has added a lot of trouble to the investigation. Of course, it is not excluded that some spouses deliberately conceal the purchase of real estate.
The problem often encountered in practice is knowing that you are in a specific community, but you don't know the specific room number. In this case, I suggest asking a professional lawyer to investigate, because lawyers can generally find a property company based on the lawyer's investigation letter and the other party's name and ID number. Property companies often cooperate. Ask about the specific location, and then go to the local real estate management department to inquire about the registration of housing property rights.
It should be noted that the address of the house is not necessarily the address name on the real estate license. Some real estate management departments will not provide inquiries if they find that the names are inconsistent, even if the names of the property owners are the same. To this end, be sure to ask the property company what the address description on the property registration certificate is. If the property company refuses to cooperate, the lawyer can apply to the court for an investigation order or the court can directly investigate the specific address of the house purchased by the other party in the community.
Under normal circumstances, lawyers can provide detailed addresses and names of property owners to the housing management department with investigation letters of introduction, and can obtain proof of property registration and inquiry, thus advocating the division of housing property rights. If an individual investigates by himself, it will not be discovered unless it is related.
6, social security information query
With the development of economy, insurance is increasingly divorced from people's lives. Family insurance generally involves two kinds, one is property insurance and the other is life insurance. These two kinds of insurance, according to the different insurance companies, have a variety of types of insurance.
In divorce disputes, if it can be divided into the joint property of husband and wife, under the category of property insurance, the insurance premiums paid and obtained are the joint property of husband and wife; Under the category of life insurance, only the premium paid can be divided as the joint property of husband and wife. Insurance money, because of its specific personal relationship, should belong to the personal property of one spouse, not to the joint property of husband and wife.
Inquiries about the other party's insurance information can be obtained according to the insurance company's premium receipt, insurance contract, policy certificate, home visit information, etc. Generally speaking, when you go to a specific insurance company, you can check the insurance situation based on the specific identity information of the parties. Under normal circumstances, the parties and lawyers can't go directly to the insurance company for inquiry, and they need the people's court or the people's court to go directly to the insurance company for investigation. The insurance company will reply or provide a copy of the insurance contract and payment voucher in the form of reply.
Article 1092 of the Civil Code: If one of the spouses conceals, transfers, sells, damages or squanders the joint property of the husband and wife, or forges the joint debt of the husband and wife in an attempt to occupy the property of the other spouse, the divorce may be divided into less or no shares. After the divorce, if the other party finds the above-mentioned behavior, it may bring a lawsuit to the people's court and request to divide the joint property of husband and wife again.
To sum up, the property inquiry of husband and wife generally occurs when the relationship between husband and wife breaks down and divorces. If one spouse thinks that the other spouse has concealed the property, they can inquire about the joint property through court application or lawyer investigation, which is conducive to protecting the rights and interests of both spouses and dividing the joint property to the maximum extent.