Does Ningbo have to declare all its property in a divorce lawsuit?

The court sent a property declaration form, and the first reaction of many people was whether they could write less. This form looks like a process, in fact it is directly linked to the result of the division of property at the back, and the filling method is very particular.

Background of 1. Property Declaration System

in family cases, the two parties have a natural unequal grasp of property information, and the court reduces the information gap and improves the efficiency of the trial by requiring the parties to declare truthfully. What is declared is the status of property known to oneself, including property registered in one's name and under actual control. Ningbo Intermediate People's Court formulated the family trial reform plan in 2014 and took the lead in starting the reform in Zhejiang Province. Yinzhou Court took the lead in implementing property declaration in divorce proceedings. Property declaration has become a routine link in divorce proceedings in Ningbo.

It is a duty of good faith

the declaration is based on good faith. It does not require the parties to find out all the property of the other party, but requires a truthful statement of the situation in their possession.

What is included in the scope of 2. declaration

it usually covers real estate, motor vehicles, bank deposits, financial management and funds, stocks and equity, insurance policies, creditor's rights and debts, valuables and operating assets. Premarital property and personal property should also be filled in truthfully, but the source can be indicated in the nature column.

Personal property should also be written.

Many people think that personal property is left blank without declaration, leaving the other party with room for concealment. It is safer to write down and indicate the time and source of acquisition.

Consequences of 3. failure to declare truthfully

where the joint property of the husband and wife is hidden or transferred, it may be divided less or not at the time of division; if the other party discovers it after the divorce, it may also sue separately and request another division. If the circumstances of the misrepresentation are serious, they may also face admonition, fines, etc.

Underreporting can be costly

in order to reduce the tens of thousands of yuan and omission, once verified, the loss may be the proportion of the whole property distribution, cost-effective is extremely low.

What 4. the other party refuses to declare?

If the other party refuses to declare or obviously makes a false declaration, it may submit to the court the clues it has and apply for investigation and evidence collection. If it is found that there is a concealment, the court will make a finding against it at the time of division, which is much more effective than arguing on its own.

Clues are more useful than accusations

A specific transfer record, a policy receipt, is better than ten statements that the other party must have hidden the money. The direction of proof should fall on verifiable materials.

The relationship between 5. declaration and proof

declaration is not equal to the completion of proof. The return addresses what property exists, and the specific value, nature and attribution still need to be supported by the corresponding evidence. Only by using the two together can the proposition truly stand.

Can still be added after the declaration

if an omission is found after the first declaration, it shall take the initiative to supplement the explanation to the court. Active correction is completely different from being found out by the other party in the evaluation of the court, and the former is usually not identified as concealment.

How to apply for 6. investigation and evidence collection

if the parties and their agents are unable to collect evidence on their own for objective reasons, they may apply to the people's court for investigation and collection. The application shall state the name or title of the person under investigation, the place of residence, the facts to be proved and the name and content of the evidence to be investigated. The more specific the point, the higher the likelihood of approval. Lawyers may also consult financial institutions and registration authorities with a court-issued investigation order.

1. The application should clearly state the facts to be proved.

Write-only requests to inquire about the property in the name of the other party are often rejected. It is stated that the pass rate is significantly higher due to the claim that a deposit is common property and the need to verify the flow of an account at a specific time.

2. The declaration form should be correct with the application.

The scope of the declared property and the claim shall echo each other. Declare but do not claim, the court generally does not take the initiative to deal. Checking the two materials side by side before the trial is an easily overlooked but valuable step.

7. case proof

according to Article 1092 of the Civil Code, if the common property of husband and wife is hidden or transferred, it may be divided less or not divided at the time of divorce and division. If the other party discovers it after the divorce, it may also sue separately and request another division. When examining such claims, the Ningbo court is based on verifiable clues such as running water and insurance policies, and it is difficult to shake the division plan based on oral allegations alone.

If you truthfully declare your personal property before marriage and indicate the time and source of acquisition, it shall be recognized as personal property in accordance with Article 1063 of the Civil Code and shall not be included in the scope of division-it is the practice of protecting your own rights and interests to declare your personal property truthfully.

The scope of the declared property and the claim should echo each other: if the declaration does not advocate division, the court generally does not take the initiative to deal with it, and another case will add additional time and litigation costs-the declaration form should be checked side by side with the claim before the hearing.

8. Risk Alert

• it is believed that personal property does not need to be declared and left blank directly.
• Selective underreporting for a small number of property.
• Only the declaration does not prepare the corresponding value evidence.
• Accusing the other party of concealment but offering no specific clues.
• Ignore non-cash assets such as policies and equity.

9. FAQ

is property declaration necessary?

The court requires that the declaration should be filled in truthfully, which is the party's duty of good faith.

Personal property to write?

To. Write down and indicate the time and source of acquisition to avoid being accused of concealment.

What are the consequences of underreporting?

It may be divided less or not, and those found after divorce may also face a lawsuit for division again.

What if the other party fails to declare truthfully?

Submit specific leads and apply to the court for investigation, after which the split ratio will be adversely affected.

Can I make up for the missing declaration?

You can take the initiative to add, active correction and be found in the evaluation is completely different.

What if you can't find it yourself?

You can apply to the court for investigation and collection, or a lawyer can make inquiries with the relevant agency with an investigation order.

Practical Experience of 10. Lawyers

when you receive the court's property declaration form, don't treat it as a chicken rib to go through the process. It is directly linked to the result of the division. The declaration is the status of the property that you know and actually control, which usually includes real estate, vehicles, deposits, financial funds, stock equity, insurance policies, creditor's rights and debts, valuables and operating assets. The principle of filling in is truthful and complete. If common property is hidden or transferred, it may be divided less or even divided when it is divided. If it is found after divorce, it can be sued separately for division again, thus saving a little money and failing to report it. The cost performance is extremely low.

There is a common misconception to correct: personal property should also be filled in. Many people think that before marriage or personal property can be left blank, but the result is to give the other party a "you hide" accusation. The correct way is to fill in the form and indicate the time and source of acquisition in the column of nature or source, so as to make it clear that "this belongs to me personally. The declaration does not require you to find out all the property of the other party, but only requires you to make a truthful statement of the situation you have. Therefore, it is the first step to hold the initiative in your own hands.

As for the other side, if it refuses to declare or obviously declares untrue, this is not something you can solve in a hurry. You should take the initiative to apply to the court for investigation and evidence collection-obtaining bank running water, real estate registration, equity and policy information, etc. Declaration and proof are two cooperative legs: declaration holds up the whole picture of the property of both parties, and investigation and evidence collection to make up for the part you really can't find. In terms of timing, the application for investigation and evidence collection should be submitted as soon as possible after filing the case. Don't wait until the court session to think of checking the other party's account. At that time, it is often too late to finish the clues.