During the divorce of the husband and wife, what should the man do if he conceals his savings

Resolve it through legal means.

The other party may, in accordance with the relevant provisions, file a lawsuit with the court requesting the court to divide the joint property of the husband and wife again, and if one party conceals the joint property of the husband and wife, and the other party files a lawsuit requesting that the property be divided again, the court may, in accordance with law, make a judgment against the party who conceals the joint property of the husband and wife to divide it less or no share. Of course, when initiating a lawsuit for re-division of property, the statute of limitations shall be observed, that is, within two years from the day after the party discovers the concealed property.

Legal basis

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.

Legal Analysis: In accordance with the relevant provisions, the other party may file a lawsuit with the court to request the court to divide the joint property of the husband and wife again, and if one party conceals the joint property of the husband and wife, and the other party files a lawsuit to request the division of the property again, the court may, in accordance with the law, make a judgment against the party who conceals the joint property of the husband and wife to divide it less or no share.

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 on imitation combustion.

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.

Nanjing professional divorce lawyer Xu Naiyi will answer for you:

Common methods of bank deposit concealment and investigation problems:

1. Concealing the fact of deposits, or concealing deposit accounts.

Common way: Take out the funds on your usual savings or payroll card and save them in another bank account. At the time of the divorce, the few remaining salary cards were submitted to the court for cross-examination, and the rest of the money was claimed to have been used for family living expenses.

Solution: According to the law, only six departments have the right to inquire about bank deposits, and neither the parties nor the lawyer have the right to inquire about bank deposits. Therefore, the solution of hidden deposits is relatively complex and difficult.

Generally speaking, couples should pay attention to collecting each other's withdrawal receipts and grasping each other's savings information when they are living in ordinary life, especially for the opening bank and capital account number. Judging from the trial practice of the court, if:

(1) On the premise of knowing the bank and account number of one party, there is generally no problem in applying to the court for inquiry. But

(2) It is theoretically feasible to only know the opening bank, but not the account number, but whether the court accepts the application and the strength of the inquiry cannot be guaranteed, and if the court does not cooperate, it has to be resolved through other means. In addition

(3) Even if the bank account number is not known and the bank is not known, the court cannot investigate.

Of course, there are some individuals or institutions in the market who claim to be able to be identified through certain channels, which are mixed, and the parties must be cautious when spending money, do not see rabbits and eagles, and pay attention to the legality of evidence acquisition.

2. Steal the beams and change the pillars, take out the deposits in your name, and then evaporate from the world.

Common method: When the other party knows that the deposit has and knows the relevant savings information, the deposit is withdrawn in cash without authorization, (there is a trace of the flow by bank transfer), verbally claiming that the money has been used for daily living expenses, and actually depositing it in the bank or depositing it in the bank in the name of another person.

Handling method: In divorce cases, the court generally does not accept the application for investigation of the deposit account of a third party outside the case, and may consider when one party claims that all the money withdrawn is used for living expenses

Clause.

1. The time and length of time for withdrawing the deposit determine the amount of consumption and the motivation for withdrawal.

Clause.

Second, the amount of deposits withdrawn, huge deposits will not be exhausted in a short period of time.

Clause.

3. One party's normal living expenses and relevant evidence shall be used for refutation and defense.

According to Article 47 of the Marriage Law, as long as one of the husband and wife conceals or transfers property at the time of divorce, the other party may request the court to revoke the original property division agreement and re-divide the joint property of the husband and wife. The statute of limitations for a request for re-division of the joint property of the husband and wife is two years, starting from the second day on which the concealed property is discovered by the parties.

If acts such as concealing or transferring property are carried out in the course of divorce proceedings and are discovered, the principle of less or no division may be adopted against the perpetrator when dividing the joint property of the husband and wife in the divorce, and the people's court may take compulsory measures against the perpetrator in accordance with law in order to ensure the smooth progress of the litigation.

You can find a law firm, or a professional marriage counseling service.

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