The common property of husband and wife in the form of money includes wages, bonuses, income from production, operation and investment, income from intellectual property rights, cash deposits inherited or donated, housing subsidies, housing accumulation fund, old-age insurance money actually obtained or should be obtained, bankruptcy resettlement compensation, military demobilization fee, self-employment fee, etc.
That these couples have common property, the carrier and source of evidence is:
(1) Bank passbook and certificate of deposit held in the name of one of the spouses. At the same time, these evidences should be supplemented by production and operation licenses, investment vouchers, intellectual property certificates, inheritance or gift agreements, bankruptcy resettlement compensation agreements and other evidential materials.
(2) The personal account accounting data of housing subsidies and housing accumulation funds kept by the housing reform management department. This kind of evidence is generally difficult to collect the original, so it can only be copied and collected.
(3) Passbooks and certificates of deposit of demobilization fees and self-employment fees held by soldiers when they are demobilized. This kind of evidence is generally difficult to obtain because it is held by one party alone. When it is really difficult to obtain the demobilization fee, passbook and deposit certificate of retired soldiers, the remedy is to collect circumstantial materials such as enlistment files, demobilization files, demobilization fees in the current year and official documents of self-employment fees from the civil affairs department for presumption. When collecting these certification materials, you can't collect the originals, you can only collect them by copying. When soldiers are demobilized, it is proved to be effective to use the evidence materials collected by the civil affairs department, such as enlistment files, demobilization files, official documents on the payment standard of demobilization fees and self-employment fees in the year of demobilization, and to obtain the bank passbook and deposit certificate of demobilization fees and self-employment fees held by them.
2. Couples who exist in kind have the same property evidence.
Couples who exist in kind include production and operation equipment, gifts, precious jewelry purchased or inherited or donated, books and materials with great value, production and living materials and houses.
The evidence carriers and sources of these couples' joint property are:
(1) Shopping invoice. This kind of evidence can prove that production and operation equipment, precious jewelry, books and materials with great value, production and living materials, houses, etc. are the same property and its value.
(2) A certificate issued by the relevant administrative organ ex officio. House property right certificate, land use right certificate and rural collective homestead use right certificate can prove the existence of real estate, motor vehicle driving license can prove the existence of cars, and forest right certificate can prove the existence of forest trees. If the above-mentioned documents are hidden by one party and cannot be obtained, the remedy is to copy and collect the original filing materials of the application documents from the relevant departments that originally issued the certificates to prove it.
(3) Inheritance and gift agreement. This kind of evidence can prove that the legacy and the donated property exist in kind.
(4) will. This kind of evidence can prove that the property inherited according to the will exists in kind.
(5) Family property analysis agreement. This kind of evidence can prove that both husband and wife have the same property analyzed from family property in material form.
3. Couples who exist in the form of securities have the same property evidence.
Couples who exist in the form of securities * * * share the equity certificate of a limited liability company, the shares of a listed company limited by shares purchased, the government bonds purchased, etc. in the form of property investment.
The evidence carriers and sources of these couples' joint property are:
(1) Equity certificate issued by a limited liability company. This kind of evidence can prove the existence and amount of investment enterprise property. When one party conceals the equity certificate issued by a limited liability company and cannot obtain it, the remedy is to go to the industrial and commercial registration authority to copy and collect the registered articles of association and the register of shareholders of the invested company.
(2) Shares issued by a listed company limited by shares. This kind of evidence can prove the property in the form of securities and its possible value.
(3) government bonds. This kind of evidence can prove the value of property in the form of securities.
Whether it is the equity certificate of a limited liability company or the stock issued by a listed company limited by shares, its value changes rapidly, and it should be evaluated in time, and the evaluated value should be regarded as the real value when dividing the property.
4. Couples who exist in the form of intellectual property rights have the same property evidence.
Couples who exist in the form of intellectual property rights have intangible property such as patent rights, trademark rights and copyrights that come with the property.
The evidence carriers and sources of these couples' joint property are:
(1) patent certificate. This kind of evidence can prove the intangible property formed by invention and creation and its possible value.
(2) Trademark right certificate. This evidence can prove the intangible property and possible value of trademarks and brands.
If the above two certificates are hidden and cannot be obtained, the remedy is to go to the patent and trademark registration agency to copy and collect the application and published information to prove it.
(3) published works. This kind of evidence can prove the possible benefits of republishing and distributing the work.
(4) Manuscripts and publishing agreements signed with publishing houses. This kind of evidence may be the potential benefit of the forthcoming book.