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Evidence collection for tangible property for divorce

  • Time:2018-01-05
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Evidence collection for tangible property for divorce
1. The lawyer may investigate the bank deposit of the two parties for the purpose of safeguarding the interests of the client. Such as the bank account number, the approximate deposit amount and the like. If necessary, the lawyer may prepare in advance a written application for court investigation of deposit information.
2. In order to safeguard the interests of the client, a lawyer may investigate the share stocks information of the other party, namely, the securities company and shareholder code, funds account, stock transaction record and capital account transaction record under one or both parties. If the client can provide specific information of the other party of the stock exchange, capital account, the lawyer may require the court to investigate in the Central Securities Clearing Company (Shanghai), the lawyer may also investigate by himself or herself to get detailed information of capital accounts and stock trading information related.
3. If either or both of the parties make a contribution to  the common property but the property is registered or purchased in the name of the third party, the attorney can assist the principal in collecting the relevant evidence and soliciting the client's advice as to whether to claim based on the legal theory of real property or debt. At the same time, it should be analyzed to the client, whether it is necessary to raise another claim.
4. For the furniture, home appliances, it is suggested that the client to list all the related property indicating the brand, specification, quantity and material of furniture, electrical appliances, and classify them into two categories as personal property before marriage and common property after marriage and provide it to the court for the court hearing.
5. If the parties or one party holds valuable jewelry, valuable antiques, paintings or other valuable properties, a list of them shall also be prepared. Related evidences of the existence and value of them shall be collected. The lawyer may also apply for property preservation to the court for seizing them.
6. If the related tangible property is easy to lose or the other party may transfer privately or conceal the property of the couple, it is suggested that the client takes evidence preservation measures such as ask for notarization, record with a camera or asks the witness for the purpose of giving testimony.
7. If the parties own the vehicle, the lawyer will collect evidence of driving license, car purchase contract, car purchase invoice, investigate whether there is any loan, the principal borrower of the loan, repayment of the loan, balance of the loan, vehicle license information, vehicle present value, the actual user of the current vehicle, etc.
8.If the property of the parties is located overseas or in Hong Kong and Macao regions, the client shall use its best endeavors to collect the relevant evidences abroad or in Hong Kong, Macau and Macao regions, the lawyer shall pay attention to the rules of international conflicts and interregional conflicts in the country or region where the property in question is located, the lawyer shall also look into the issue of whether the verdict produced by courts in China can be recognized and enforced in the country or region in question.

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