What to do if bank property is transferred during divorce and bank deposits are transferred during d

Do you have a way to prove that the money belongs to your wife, if you don't, you lose. Brother advises you that it is okay for your wife to earn money by her own efforts, but it would be a bit unkind if he came to share the money you earned with you again. But he's a woman, forget it, it's so hard not to fight with a woman, and it's only 100,000 yuan if you share it, and you can't make a fortune.

In line with the principle of who delivers the evidence, if you want to file a lawsuit, then you must find evidence that it is your ex-wife's property, so it is difficult.

Even if you go to Singapore to collect evidence, you must get a certificate issued by the court, otherwise it is difficult to get the income certificate under the laws of Singapore.

It's impossible for you to win this lawsuit without hard evidence.

In accordance with the Marriage Law of the People's Republic of China

Article 47 At the time of divorce, one party conceals, transfers, sells, destroys common property or falsifies debts in an attempt to encroach on the lawful property of the other party. At the time of divorce, the party who conceals, transfers, sells, or destroys the joint property of the husband and wife shall have a small or no share of the joint property. After the divorce, if the other party discovers the above circumstances, he or she may initiate a civil lawsuit to request a new division of property.

People's courts are to give sanctions in accordance with the relevant provisions of the Civil Procedure Law for situations of obstruction of civil litigation as provided for in the preceding paragraph.

To sum up, at the time of divorce, the party who 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, under the circumstance that the other party collects sufficient proof of the above-mentioned acts, shall have a small or no share of the joint property of the other party who conceals, transfers, sells, or damages the joint property of the husband and wife, or falsifies debts in an attempt to encroach on the lawful property of the other party.

Even if the act is found to have occurred after the divorce, the aggrieved party can still initiate a civil lawsuit.

At the same time, the people's court will impose sanctions on the above-mentioned acts of obstructing civil litigation in accordance with the relevant provisions of the Civil Procedure Law.

First of all, the origin of the money is unknown.

Secondly, you don't know where the money goes.

Besides, this was only transferred on October 3rd, and it was transferred away in less than 1 month, why do you say that this money must be hers?

Now who sues who collects evidence, you have no evidence, and bank transfer records alone are useless. Unless there is some other way to prove that she earned the money during your marriage. Otherwise, there is no one to support you, let alone win, and even whether you can file a case is a problem.

In addition, the reason for divorce is also one thing, if the divorce is caused by the fault of one party, then even if the money is your joint property, how to divide it is not certain.

Legal analysis: In divorce cases, the court generally does not accept the application for investigating the deposit account of a third party outside the case, and when one party claims that all the money withdrawn is used for living expenses, it can be considered: 1. The time of deposit withdrawal and the length of time determines the amount of consumption and the motive for withdrawing money.

2. The amount of deposits withdrawn, the huge amount of deposits will not be exhausted in a short period of time. 3. One party's usual living expenses and related evidence are used for refutation and defense;

Legal basis: Civil Code of the People's Republic of China

Article 1076: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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) 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 1085: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.

In the event of divorce, the transfer of the joint property of the husband and wife is generally punished, and the party transferring the property is divided with little or no share of the joint property of the husband and wife. After the divorce, if the other party discovers that there has been an act of transferring property, 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.

[Legal basis].Article 1092 of the Civil Code of the People's Republic of China.

Where one of the spouses 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, the other party may receive a small or no share of the joint property of the husband and wife when the divorce divides the joint property of the husband and wife. 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.