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Evidence collection regarding real estate

  • Time:2018-01-05
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Evidence collection regarding real estate
When it comes to the division of real estate in the case of divorce, the lawyer will collect the evidence from the following aspects:
1. For the personal real estate acquired before marriage or community property acquired after marriage, the lawyer will need to obtain the ownership certificate as a proof of ownership; if acquiring the property certificate is difficult or if the property registration is still in the process, the lawyer may request just the recording information of the real estate according to local regulations where this real estate is located. At the same time, the client shall prepare evidence of the purchase contract, purchase invoices and other related documents in possession;
2. If the name of the third party other than minor children is listed on the ownership certificate of the real estate, since the real estate involves the right and interests of a third party, the court generally will not handle it during the divorce case proceeding unless all parties mediate during a court trial.
3. If the real estate is attached with bank mortgage, the lawyer needs to know the first installment of the loan, the situation of the repayment of loans and the outstanding balance of loans, mortgage contract, loan repayment details, etc.;
4. If the source of the purchase is related to the personal property of one or both parties prior to the marriage, the lawyer will also need to collect the contribution proof. It any third person also contributed to the purchasing. The lawyer will also collect relevant evidences to prove the nature of the third-party contribution to identify whether it is a donation or debt.
5. If the parties disagree on the market value of the property, we should try to understand and choose a proper calculation method of the market value of the real estate and collect the relevant evidence.
6. If necessary, the lawyer may collect evidence of the current residents in the real property in question, obtain evidence of whether the other parties have any other property or place of residence, obtain evidence from a property management company residents' committee and other institutions where the property is located if possible.
7. If there is any other outsider shows up to claim the title of the real property, the client and the outsider may be advised to solve the case through a separate proceeding.
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