What to do if the husband transfers property without permission during the divorce proceedings

Find a lawyer! It's against the law for him to do so!

The transfer of property by the husband during divorce proceedings needs to be dealt with on a case-by-case basis

1. If a lawsuit has not yet been filed or a lawsuit has been filed, and it is found that the other party has transferred, sold or damaged property, it may apply to the court for property preservation;

2. In the act of transferring hidden property, the party concerned and the person may apply to the court to order him to hand it over, and may claim that the property should be divided not or divided to the other party;

3. The court may also be requested to impose legal sanctions on illegal acts that obstruct civil litigation.

How to go through the divorce proceedings.

The divorce proceedings are:

1. Filing a lawsuit;

2. After the case is filed, the case filing tribunal will issue a notice of case filing, pay the litigation fee based on the case filing notice, and the court will formally accept the case;

3. The civil court shall conduct the trial and call for dissolution;

4. After accepting the case, issue and dismantle a summons to the other party;

5. Mediation by the court;

6. The court makes a judgment to grant or disapprove the divorce through the ** trial.

[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.

Legal analysis: If the husband transfers property during the divorce proceedings, he can apply to the court for property preservation.

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' intention to divorce voluntarily and the opinions they have reached through consultation on matters such as child support, financial misfortune, and debt disposal.

Article 1079:Where one of the husband and wife requests a divorce, they may obstruct mediation by the relevant organization or directly file a divorce lawsuit with the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and the mediation is ineffective, 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.

1. If a lawsuit has not yet been filed or a lawsuit has been filed, and it is found that the other party has transferred, sold or damaged property, it may apply to the court for property preservation; 2. In the act of transferring hidden property, the party may apply to the court to order it to hand it over, and may claim that the property is not divided or divided to the other party; The court may also be asked to impose legal sanctions for offences that impede civil proceedings. 3. If there is insufficient evidence to prove that the other party has transferred and hidden property during the litigation process, when sufficient evidence is obtained after the divorce, a lawsuit may be filed with the court again to request the division of the joint property of the husband and wife, which shall generally be exercised within two years from the date of proof.

[Legal basis].

Article 1092 of the Civil Code stipulates that if one of the spouses conceals, transfers, sells the marya, 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 share or no share when the property is divided in the joint mausoleum of the husband and wife in divorce.

Legal analysis: For the act of transferring property, a lawsuit can be filed with the people's court, which can be recovered. The act of transferring property is invalid.

1. At the time of divorce, if 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 the debts may receive a small or no share. 2。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.

In the handling of judicial practice, the concealed, transferred, or damaged property should generally be regarded as the share of the property shared by the party who concealed, transferred, damaged, or sold the property, and the share due to the other party who did not transfer it should be discounted against the joint property of the other husband and wife, and if the discount is insufficient, the party who concealed, transferred, sold, or damaged the property shall compensate the other party at a discount. According to the principle of "whoever asserts the property shall provide evidence", the party who has not transferred the property must adduce evidence to prove that the other party has concealed the property and how much it has concealed, and if it cannot provide evidence, it will have to bear adverse legal consequences. The divorce is a gradual process, and both parties will not be unaware of it, and as the defendant, they should also be vigilant and take corresponding measures against the joint property of the husband and wife.

Legal basis: Article 1092 of the Civil Code of the People's Republic of China Where 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.