How to prevent the other party from transferring property during the divorce process

When you find that the other party has transferred property, you must apply for property preservation as soon as possible, please listen to the details of family lawyer Zhao Dongxue.

Ways to prevent the other party from transferring property in the event of divorce:

1. Apply to the court for property preservation. Property preservation is to take the form of sealing, seizure, freezing, or other methods prescribed by law to prevent the expansion of property losses.

2. If one party has transferred the joint property of the husband and wife, he or she may immediately request the court to divide the joint property.

3. If one party transfers the joint property of the husband and wife, when the property of the husband and wife is divided in divorce, the other party may be divided less or not separately.

4. After the divorce, if the other party discovers that there is an act of transferring the joint property, he or she may file a lawsuit with the people's court to request the division of the joint property of the husband and wife again.

Legal basis] Article 1092 of the Civil Code, 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 not tremble.

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.

Here's how to prevent a divorcing party from transferring property in bad faith:

1. Carry out model notarization or agreement with the property department;

2. Don't give financial power to one person;

3. The husband and wife set up a joint account for the deposit;

4. You can apply to the court for property preservation.

Legal basis] Article 1092 of the Civil Code, 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 the joint property of the husband and wife is divided in divorce, the party may share less or no share.

After the divorce, if the other spouse discovers that he has committed the above-mentioned acts, he may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again. Rise.

Legal analysis: Before marriage, the husband and wife can make a property agreement, and agree on the property during the marriage, how to divide the property during the divorce, etc. It is also possible to take the agreement to a notary public for notarization to prove that the property ownership agreement has been reached in advance.

In addition, if it is discovered that the other party has transferred, sold, or damaged property, it may apply to the people's court for property preservation to protect its own lawful rights and interests, or at the same time request that the other party have a small or no share of the property.

Article 28: Where one of the husband and wife applies for preservation measures against their spouse's personal property or joint property of the husband and wife, the people's court may, within the scope of the losses that might be caused by the adoption of preservation measures, determine a reasonable amount of property security on the basis of actual circumstances.

Hello, although the law provides protection measures for how to transfer property in divorce, it is better to prevent it and avoid unnecessary troubles than to redivide the property through the court after the divorce. So, how to avoid the transfer of property by the other party? Actually, this is still very simple, as long as you use a little heart, unless you don't care, it is easy to avoid the other party from transferring property.

1. Notarization of property before and after marriage, property notarization is the determination of the ownership of property during the existence of the marital relationship between husband and wife, and it is not possible for the other party to transfer the notarized property before the divorce.

2. When agreeing on property, it is necessary not only to stipulate the pre-marital property, but also to stipulate the property during the existence of the marital relationship and how to divide the property during the divorce; At the same time, the husband and wife can also privately agree on the ownership of personal property before marriage and joint property after marriage by signing an agreement.

3. After the purchase of high-end items, we will purchase some high-end items, and keep the materials mentioned above for high-end items.

4. Take photos and list large family assets, and consciously look for witnesses. This may exacerbate the conflict, and if it needs to be done, it is better to do it secretly.

5. Pay attention to the account number of the other party's deposit certificate and the bank where the money is deposited, so as to provide legal evidence to the court. At the same time, you can also know which bank accounts the other party has and how much the balance is from the receipts for paying water and electricity bills, mobile phone bills, etc.

6. Understand the other party's account number to pave the way for avoiding property transfer in the future: on the premise of knowing the opening bank and account number of one party, there is generally no problem in applying to the court for inquiry.

The above are some solutions to what to do about the transfer of property before divorce, although it is not very comprehensive, but I hope to give you some inspiration. You can learn how to avoid the transfer of property by the other party, which not only avoids unnecessary disputes, but also protects your own rights and interests.

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In divorce proceedings, many divorced parties are worried and distressed that the other party maliciously incurs debts or transfers property, and they always feel helpless when they encounter such problems. Hu Jun, a senior lawyer of China's marriage and family gold medal lawyer team, summarized the following based on his years of experience in handling divorce cases: 1. The circumstances of transferring property generally include:

1. Transfer existing deposits; 2. The income is not deposited in the passbook in the name of the husband and wife; 3. Transfer general items; 4. Privately owned houses; 5. Low price ** joint property of husband and wife, etc. 2. The circumstances of malicious debt generally include: 1. Making false IOUs; 2. False declaration of expenses; 3. Use the liabilities of affiliated enterprises, etc.

3. General countermeasures that can be taken: 1. Collect clues in their passbooks and record their opening banks, no matter where the other party transfers the money, it will not have much impact, and they can apply to the court to inquire about the transfer records, and ask them to explain the whereabouts and uses of the deposit in court to review the necessity of the transfer; 2. Collect clues about their income status, ask a lawyer to come forward to investigate if necessary, if the other party has a high income, but there is no deposit, the court orders him to explain the income and expenditure, and review the reasonableness and necessity of the expenditure; 3. For the transfer of immovable property: since it is the joint property of the husband and wife, neither party has the right to unilaterally transfer it, otherwise the other party can claim that the sale is invalid and pursue its legal responsibility for disposing of the common property without authorization; 4. For the transfer of general items:

Keep the purchase invoice or other proof of purchase; 5. For the joint property of the husband and wife at a low price and the malicious debt of the affiliated enterprise: because it is obviously unfair and infringes on the interests of one of the husband and wife or the interests of the company or other shareholders, the act can be claimed to be invalid; 6. For those who make false debts: confront creditors, ask detailed questions, list the outline of questions, review the time of debt formation, do handwriting appraisal if necessary, review the purpose and necessity of debts, etc.

7. For false expenditures: review the expenditure vouchers, review the authenticity, necessity and reasonableness, and investigate and understand with the relevant units if necessary.

Article 47 of the Marriage Law Where, at the time of divorce, one party conceals, transfers, sells, or destroys the property jointly owned by 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. After the divorce, if the other party discovers that the above-mentioned conduct has been committed, he or she may file a lawsuit with the people's court requesting that the joint property of the husband and wife be divided again. Article 307 of the Criminal Law: Whoever uses violence, threats, bribery, or other methods to prevent witnesses from testifying or instructs others to give false testimony shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are serious, the sentence is between three and seven years imprisonment.

For legal questions related to divorce property division, divorce child support, and property inheritance disputes, you can consult the best divorce lawyer in Shenzhen with the China Marriage and Family Gold Medal Lawyer Group.