When is the list of marital movables invalidated and methods for detecting forgery - Counselor Islam Hammad
The list of marital movables is not only one of the customs that are followed, but it is one of the wife’s inalienable rights, so let us get to know the information about it. We also show you the cases in which the list of movables that are dropped from the husband is invalidated, while showing the possibility of some loopholes that exist. In the list of movables, so follow us in the following lines.
List of marital movables
First, you must know what the list of marital movables is, which you can learn about through the following points:
This list is an acknowledgment from the husband that he has received all of the wife’s movables, and they are in the marital home.
Provided that this list is a matter of trust, meaning that the wife has the right to request to obtain what is on that list.
Article 341 of the Egyptian Penal Code condemns the husband if he is stubborn in fulfilling that trust
Rather, this person is also considered a traitor to the trust, and here the wife has the right to file a lawsuit to recover the movables.
Or file a lawsuit to dissipate the list of movables, and the husband also has the right to pay the value of what is contained in that list.
This list is entirely the wife’s right, and she can also waive this right.
Read also the reasons for rejecting a divorce lawsuit due to harm
List of ready marital movables 2021
If you want to obtain the possibility of writing a list of marital movables legally, as the importance of this procedure legally provides the possibility of not invalidating this list or relieving the husband from the responsibility of performing this trust.
Therefore, you must adhere to some basic procedures, which include the following:
The husband must sign all papers listing the movables, and his fingerprint must be placed on each of the papers.
The husband must also acknowledge that the list of movables is in his possession, that it is in his custody, and that he is obligated to hand it over at any time you ask him to.
The husband also acknowledges that the movable property he has in trust has no right to dispose of it.
The items are described very accurately and each piece of the listing is explained with its price.
The model and color of each part are also specified in detail.
The wife must keep all the invoices with which the movables that were written in the list were purchased.
Invalidation of the list of marital movables
There are some cases in which the list of marital movables is invalidated, and these cases include the following:
The first case in which the wife waives the list of movables directly.
She does this by concluding an agreement, and therefore the wife does not have the right to request her right on that list.
Also, if the wife acknowledges that she has already received the list of movables, the list will be declared invalid.
There are two types of declarations. The first type is by writing on the front of the list of movables.
Or do this waiver separately from the list of movables.
A misdemeanor for dissipating or recovering a list of movables shall be dropped with the passage of time. If it is not adjudicated within three years, it shall be dropped immediately.
If the wife files a lawsuit against the list of movables and reconciles with the husband, she does not have the right to file a lawsuit again.
Therefore, you need to write a new list of movables so that the wife can claim them later.
Also, it should not be written that the list is due to the wife at the earliest of the two terms.
That is, the wife cannot claim unless the husband dies or divorce occurs.
Legal loopholes in the list of movables
There are loopholes that are used with the list of marital movables, which include the following points:
The first loophole is for the husband to prove that he had delivered the husband by handing over the list of movables to his wife, and she refused to deliver.
Therefore, it is proven that he did not dissipate the list of movables in any way
He was actually surprised that his wife filed that case against him.
In that case, the court must provide witnesses that it has actually received the contents of the list of movables.
Or he takes an oath before the court with witness testimony.
He must also notify the wife that she has already received the list of movables.
So that the one who owes him is negated from the element of embezzlement of the list, which is the financial element.
In this warning, it is made clear that all of the wife’s movables are already in the marital residence.
Including gold jewelry, she wears it when she goes out to her
family's house.
Witnesses are provided for this, and this warning is delivered to the home of the plaintiff’s guardian, and she acknowledges everything stated in it.
Also, the absence of the moral element is one of the things that causes the husband to abstain from committing the crime.
The moral element here is the criminal intent to embezzle the list or waste it.
Is the list of marital movables dropped?
As we mentioned, of course, it is possible for the list of marital movables to be dropped, and when the question is asked when the list of marital movables is dropped, we point out to you that there are also many cases, including:
The husband must prove the fictitious list of movables.
As it proves that the list is not identical to reality.
It also proves that she owns her jewelry and is in her possession.
It is worth noting that only in the event of a marriage contract can it be proven that the husband has not actually received this trust.
This is in the event that the husband does not consummate it.
What are the cases where the list of movables is dropped?
It is known that the list of movable property is one of the rights granted by the law to both women. The law also gives the woman the right to claim it despite not being separated from her husband. However, despite this, there are some cases in which a woman is not entitled to obtain a list of private movable property. Therefore, let us clarify the cases of omission of the list of movables, which are:
First case
When the woman assigns the list to the husband beforehand in the
marriage document.
Once the wife relinquishes it, she does not have the right to file a lawsuit to obtain her movable property.
The second case
Submitting an official document from the wife stating that she has received all her movables from the husband, supported by the wife’s signature.
This declaration is attached at the beginning of the list of movables, so the wife cannot obtain the property
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