Divorce property preservation cost charges

Actually, most assets during marriage are jointly owned by husband and wife. After divorce, if the parties cannot agree on the division of property, they apply for litigation. Before the court makes a judgment on the division of property, in order to prevent a party from transferring, concealing, or disposing of property at will, according to the "Interpretation of Some Issues on the Trial of Marriage and Family Cases" of the Supreme People's Court, the people's court may The property involved in the litigation is adopted or enforced.

According to relevant laws and regulations, in order to carry out the preservation measures within a certain period of time, additional preservation fees are required to be paid during the preservation period. The preservation fee is the necessary expenses incurred during the execution of the preservation measures. The so-called preservation costs refer to the costs such as the preservation costs of the preservation object and the labor costs of the preservation personnel in the actual preservation process. This type of preservation cost is a necessary expense, and the payment of this type of fee is actually protecting the rights and interests of both parties.

The preservation fee is composed of multiple links. First, after the court decides to take preservation measures, the people's court shall timely issue a ruling of preservation and send it to the party concerned and the relevant unit or individual to execute; The context of the preservation is clearly explained, and at the same time, the rights and obligations of the parties under the preservation are明确stated.

In the event of preservation involving movable property, the preservation institution, which is the court, shall supervise and manage the property during the preservation period. The preservation institution shall make a detailed record of the quantity, quality, and status of the property to be preserved. At the same time, issue a preservation certificate. This link is mainly borne by the preservation institution.

In the preservation of immovable property, the relevant departments responsible for the management of the real estate registration need to carry out relevant operations. This fee is the main cost of property preservation.

Finally, after the end of the preservation period, the preservation institution shall lift the preservation measures and summarize the expense vouchers incurred during the preservation period. After the review of the court, it shall be handed over to both parties for verification. In addition to the expenses incurred by the preservation institution, if the parties hire lawyers to facilitate the implementation of the preservation process, the corresponding lawyer fees shall also be included.

In judicial practice, when applying to the court for property preservation, it is necessary to prepare corresponding evidence. The applicant should proactively present evidence to prove that the property is jointly owned by the husband and wife, and at the same time, there is a risk of concealing, transferring, or disposing of the property at will, and it is necessary to take property preservation measures.

The property preservation fee itself is also borne by the applicant in principle, and the corresponding payment vouchers should be kept during the preservation period. After the end of the property preservation period, the court shall decide whether to return the property preservation fee based on the actual situation after review.

preservation expenses are an essential reflection of the entire preservation process. The preservation institution needs to spend corresponding funds during the specific preservation time. The specific amount of preservation expenses is subject to the specific situation. Parties should actively understand the property preservation fee situation before applying for property preservation, and at the same time, courts should increase the publicity on this issue, improve the transparency of property preservation fees, so that the application of property preservation can be implemented in a standardized manner.

When a divorce occurs, each party should actively prepare relevant preservation materials and fulfill the corresponding obligations. Meanwhile, courts should increase the transparency of the preservation fee.