If, however, the disputed item is in neither party’s possession, with no outward presumption to guide the ruling and no evidence from either side, the litigants must take reciprocal oaths: each swears that the other has no right to the property. The object is then divided equally between them, because their claims are identical and neither enjoys a decisive advantage. Should an outward presumption support one of them, that presumption is followed.

Thus, if a husband and wife disagree over household fabrics or the like, anything customarily used by men is assigned to the husband, whatever is ordinarily used by women is assigned to the wife, and items suited to both are owned jointly.