How to determine the transfer and conceal the joint property of the husband and wife

The court found that the basis for the transfer was that there was a large amount of money in and out of a short period of time, and that the difference between the flow and outflow of such funds was very different from that before the divorce. For example, for bank deposits, the act of determining the transfer of assets:1

There is a large amount of money coming in and out in a short period of time. 2.And the inflow and outflow of large amounts of funds cannot be reasonably explained.

3.The inflow and outflow of this large amount of money is obviously abnormal compared with the flow before the divorce, that is, the inflow and outflow of large amounts of money is not the norm.

There are ways to find out the concealment and transfer of property, and there are many ways to find evidence and help ......

In practice, there are many ways for one party to conceal and transfer the joint property of the husband and wife during divorce, and the following are some commonly used methods:

1. Deposit.

When transferring deposits, the party who transfers the property will generally set up a new account, and quietly transfer the deposit to the new account, if the other party is not aware and does not know the new account, it is difficult to find out the property in the other party's account.

2. Company equity.

There are many ways to transfer the company's equity, including: immediately transferring the company's working capital, maliciously transferring the company's property in the form of deliberately assuming joint and several guarantee liability, creating a false "loan" lawsuit, making the spouse bear joint and several debts, using equity on behalf of the spouse, concealing the joint property of the husband and wife, "contributing" by borrowing, and sharing the capital injection debt in divorce, etc., specifically to reduce the equity they occupy to small or even zero, resulting in the appearance of no equity or even foreign debts, and deceiving the other party.

3. Real estate.

In terms of real estate transfer, it is generally easier to find. Common ways to transfer real estate are: concealing the property information you own, transferring the property to someone else's name without permission, and getting cash.

The specific manifestations are: concealing real estate information without permission, the parties privately purchase real estate during the marriage, and at the time of divorce, only ask for the division of the house known to the husband and wife, but never mention the house they purchased privately, and then evade the division of joint property. If the real estate is transferred to another person's name without permission, one of the husband and wife will transfer the real estate registered in his own name to the name of a third party without authorization, and then arbitrage or transfer cash.

This method is not very clever, because with this method of transferring hidden assets, the entire transaction process and all transaction information will be found in the real estate transaction center. But for his purpose, he was able to extract large amounts of cash in the shortest possible time and find reasons to spend it as a disguise, a clumsy but effective method.

4. Privately donated property.

Although it is a conspiracy with a third party to transfer property, if the third party does not admit it afterwards, it is likely to cause the result of a chicken and egg beating.

The following four circumstances, combined with legal principles, to distinguish whether it is a subjective and malicious transfer of the joint assets of the husband and wife should be viewed from the perspective of conduct, if there is an obvious intention to illegally occupy or damage the joint property of the husband and wife, and this intention can be fully realized, and the subjective and objective can be unified with each other, this situation should be determined to be an act of concealing or transferring the joint property of the husband and wife:

1. Transfer deposits, that is, withdraw or transfer bank deposits or ** account funds in your name to others, resulting in no bank deposits in your name to be divided at the time of divorce. At this time, the other party is not able to inquire about the existence of the property at all.

2. False transfer, that is, there is no actual sale or gift relationship, colluding with others to transfer real estate, vehicles, etc. to a third party, who is the nominal owner, but in fact the ownership and control are still in their own, so that one spouse cannot divide the property.

3. Selling assets, that is, selling assets under one's name to a third party through intermediaries or others to obtain cash and hide them to avoid the division of assets by spouses.

4. Private gifts, that is, gifts to lovers or other ambiguous third parties, or gifts to other familiar people, resulting in the reduction of marital property, in fact, in the end, it is still their own profit.

Here's what you need to pay attention to when you get a divorce:

1. If there is no application from one party, the court will not take the initiative to investigate, if the court files for divorce, the two parties shall submit evidence of the breakdown of the relationship between the husband and wife and the property, and the court will not take the initiative to investigate the property of both parties.

2. If one of the husband and wife believes that the other party is hiding the property, he can apply to the court to investigate the relevant evidence, and if the court decides to investigate, it will investigate the property of the husband and wife by inquiring about deposits, real estate, vehicles, equity and other means.

3. According to the provisions of the Civil Procedure Law and the Civil Code, divorce through the court is litigation divorce, which means that the husband and wife cannot reach an agreement on whether to divorce or the division of property, the assumption of debts, the maintenance of children and other issues, and file a lawsuit with the people's court, and the people's court dissolves the marriage relationship between the man and the woman through mediation or judgment after trial.

4. When hearing a divorce case, the people's court shall investigate the property of both husband and wife, and determine and divide whether it is the joint property of the husband and wife or the personal property of the husband and wife.

Article 1092 of the Civil Code provides that if one of the husband and wife conceals, transfers, sells, destroys or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife in divorce, the other party may share less or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

Handling of the transfer of the joint property of the husband and wife by one party in the event of divorce: 1. The party who has infringed property should cooperate with the court to actively investigate and collect evidence, obtain evidence of the above-mentioned acts of the other party, and protect his property rights and interests to the greatest extent. 2. As long as it is proved that one party has committed the above-mentioned acts, the court may give less or no score to this party.

3. After the divorce, if evidence is obtained to prove that the property during the existence of the marital relationship was transferred by one party, the other party may file a lawsuit with the court to request the division of the joint property of the husband and wife again. 4. The people's courts shall impose sanctions on the above-mentioned acts of obstruction of civil litigation in accordance with the provisions of the Civil Procedure Law, such as fines and detention.

Legal basis

Article 1092 of the Civil Code stipulates that one of the husband and wife conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife; or if the joint debts of the husband and wife are forged in an attempt to encroach on the property of the other party, the other party may be divided less or no share of the joint property of the husband and wife in the divorce. After the divorce, if the other party discovers the above-mentioned acts, he or she may file a lawsuit with the people's court to request Hongzhou to divide the joint property of the husband and wife again.

Legal analysis: In the event of divorce, if one party conceals, transfers, sells, or destroys the joint property of the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife, the party who conceals, transfers, sells, or destroys the joint property of the husband and wife or falsifies debts may receive a small or no share. Legal basis

Article 1076 of the Civil Code of the People's Republic of China Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling. Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted. Article 1,085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support.

The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary. Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.