What to do if spouse hides property

It is not uncommon when in the process of divorce and division of property one of the spouses tries to hide the property he has. The question arises — is it possible to check the existence of such property independently and how to confirm its existence, if there is indeed one?

Now the ownership of the property is confirmed by the extract from the EGRN.

You will only be able to obtain information about the availability of property with your spouse if you know specific addresses or have assumptions about it. In this case, you can order your own extract from the Unified State Register of Real Estate (EGRN). For receipt of the statement it is necessary to pay a state duty. You can order such an extract by personal visit, and via the Internet – in multifunctional centers, on the website of public services (https://www.gosuslugi.ru), on the official website of Rosreestra ( https://rosreestr.ru).

Be careful! Many offices offer expedited receipt of the statement – it is not always fraudsters, very often it is just organizations earning the order of references all in the same Rosreestra. But naturally, in this case, the reference will cost you more. And in order not to get to the scammers, it is still better to use the official resources mentioned above.

In this case, the search will be done at one specific address and you will find out who is the owner of the property and some other information.

That is, the search will not be conducted on a specific person — you can’t make a request to Ivanov Ivan Ivanovich’s name and get a list of all his apartments, summer houses, cars and yachts. This is closed information.

Such information may be requested by the court. If you have any doubt at the trial that there is any other property, you need to write a motion to seek evidence in which you need to ask the court to send a judicial request to obtaining information from the Unified State Register of Real Estate. By law, if a person cannot obtain evidence on his own, the court shall assist upon his request.

How to substantiate and what to reference.

  1.  article 35 and article 57 of the Code of Civil Procedure (Civil Procedure Code) .$
  2.  Article 62, paragraph 13, of the Federal Law (Federal Law) “On State Registration of Real Estate”.
  3. item 31 of the Order of the Ministry of Economic Development of the Russian Federation of December 23, 2015 No. 968 “On establishing the procedure for providing information contained in the Unified State Register of Real Estate, and the procedure for notifying applicants about the progress of providing the information contained in the Unified State Register of Real Estate”.

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