What problems should be paid attention to when applying for property preservation in divorce proceedings?

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As the saying goes, even if the husband and wife are divorced, everyone should get together well and part well. However, in real life, many couples often take covert measures to transfer property because they are afraid that the other party will divide the property. In order to prevent this kind of behavior, we'd better apply to the court for property preservation when filing for divorce, so that everyone knows.

What problems should be paid attention to when applying for property preservation in divorce proceedings?

I. Application for property preservation in divorce proceedings

1, providing guarantee.

If the people's court adopts litigation preservation measures, the applicant must provide a guarantee or pay a deposit, and the parties concerned must submit an application that meets the statutory conditions.

2. In terms of preventing property losses.

Only when the disputed property is in danger of being damaged or lost, or there is evidence that the respondent may conceal, transfer or sell its property, the people's court can decide to take property preservation measures ex officio.

3. Preservation is limited to disputed property.

When the people's court adopts property preservation measures, the scope of preservation is limited to the disputed property of the parties or the property of the defendant. No preservation measures shall be taken for the property of the outsider, and generally no preservation measures shall be taken for the property related to the case obtained by the outsider in good faith. If the respondent provides the corresponding amount and has property available for execution as a guarantee, the people's court shall promptly cancel the property preservation.

4. Apply to the court.

Property preservation before divorce proceedings shall be applied by the parties to the people's court where the property is located. After the people's court adopts pre-litigation property preservation, if the applicant brings a lawsuit, he may bring a lawsuit to the people's court that adopted pre-litigation property preservation or other people's courts with jurisdiction.

5. Preservation of real estate.

The people's court may take property preservation measures for immovable property and specific movable property (such as vehicles and ships). ) Notify the relevant property registration department not to handle the transfer formalities of the property by detaining the relevant property right certificate; When necessary, property may also be sealed up or seized.

6, the court ruled that property preservation.

If the judgment cannot be executed or is difficult to be executed due to the behavior of one party or other reasons, the people's court may make a ruling on property preservation upon the application of the other party; If the parties do not apply, the people's court may also order the adoption of property preservation measures when necessary.

As can be seen from the above, there are many problems that need to be paid attention to when applying for property preservation in divorce proceedings. For example, if you apply to the court for property preservation, the parties must submit a deposit to compensate the other party for the mistakes in property preservation. The property applied for property preservation must be disputed by both parties, otherwise the court will not agree to take preservation measures.

Extended reading:

What is the cost of property preservation? How much does it cost to apply for property preservation?

Time limit for property preservation and time for applying for property preservation?

What is the scope of property preservation in civil litigation?