At the time of divorce, if one party transfers property, whether it can apply for property preservat

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According to article 92 of the Civil Procedure Law, "the people's court may, on the basis of the application of the other party, make a ruling on property preservation in cases where the judgment may be unenforceable or difficult to enforce due to the conduct of one of the parties or other reasons; Where the parties do not submit an application, the people's court may also rule to employ property preservation measures when necessary. People's courts employing property preservation measures may order an application for the provision of guarantees; If the applicant does not provide a guarantee, the application shall be rejected.

After the people's court accepts the application, it must make a ruling within 48 hours if the situation is urgent; Where a ruling is made to employ preservation measures, enforcement shall begin immediately. ”

In a divorce case, where one party transfers property, and the other party prevents it from concealing or selling the joint property to the detriment of the latter, it may file an application for property preservation at the same time as filing a request for divorce proceedings with the people's court. The people's court will, on the basis of the application, seal or seize the joint family property ex officio.

Although applying for property preservation is a procedural right of the parties, the parties shall bear certain responsibilities. Article 96 of the Civil Procedure Law stipulates that: "If there is an error in the application, the applicant shall compensate the respondent for the losses suffered by the respondent due to property preservation."

Therefore, applicants should be cautious about applying for property preservation.

An application for property preservation may be made.

Legal analysis: If one party transfers property in a divorce, it is possible to apply for property preservation. Where an interested party does not immediately apply for preservation due to an urgent situation, its lawful rights and interests will be irreparably harmed, it may apply to the people's court with jurisdiction over the case for the place where the property subject to preservation is located, the place where the respondent is domiciled, or the people's court with jurisdiction over the case before initiating a lawsuit or applying for arbitration.

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 a divorce lawsuit, the divorce shall be granted.

Where a divorce is not allowed after a people's court has ruled that the two parties have been separated for another year, and one party initiates a divorce lawsuit again, the divorce shall be granted.

If one party transfers property at the time of divorce, the other party may apply for property preservation.

An application for property preservation shall meet the following conditions:

1. The situation must be urgent, and failure to take property preservation will cause irreparable damage to the applicant's legitimate property rights and interests;

2. The interested party must submit an application to the people's court where the property is located, and the court does not take the initiative to take property preservation measures ex officio;

3. The applicant must provide a guarantee, otherwise the court will reject the application.

4. The case must have payment content, which is a lawsuit for payment;

5. It must be the act of one of the parties that may make it difficult to enforce the judgment;

6. The application must be made in the course of the litigation. When necessary, the court may also rule ex officio to adopt measures to preserve litigation assets;

7. The applicant provides a guarantee. This is not the case if the court does not order the provision of security.

Legal basis] Article 100 of the Civil Procedure Law, the People's Court may, upon the application of the other party, rule to preserve the property, order the person to perform certain acts, or prohibit the person from doing certain acts in cases where it is difficult to enforce the judgment or cause other damage to the party due to the conduct of one of the parties or other reasons; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary.

The people's court may order the applicant to provide a guarantee if the applicant does not provide a guarantee, and rule to reject the application.

After the people's court accepts the application, it must make a ruling within 48 hours if the situation is urgent; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

When a husband and wife divorce, the other party who transfers property in violation of regulations may apply for property preservation. According to the relevant laws and regulations, if the interested party does not immediately apply for preservation due to the urgency of the situation, its legitimate rights and interests will be irreparably harmed, it may apply for property preservation and provide corresponding guarantees before initiating a lawsuit. In addition, the people's court may, to the extent that the preservation measures may cause losses, and on the basis of the actual circumstances, determine a reasonable amount of property security.

1. Can I do property preservation after signing a long-term contract?

If you meet the conditions, you can apply for property preservation. According to the law, if an interested party does not immediately apply for preservation due to the urgency of the situation, Duan Xiao, whose legitimate rights and interests will be irreparably harmed, may apply to the people's court with the place where the property to be preserved, the domicile of the respondent, or the people's court with jurisdiction over the case is to take preservation measures before initiating a lawsuit or applying for arbitration. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application.

After the people's court accepts the application, it must make a ruling within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately. Where the applicant does not initiate litigation or apply for arbitration in accordance with law within 30 days after the people's court adopts the preservation measures, the people's court shall lift the preservation.

2. Can I apply for property preservation for work-related injuries?

In the event of a work-related injury dispute, if there is a harmful act that makes it impossible to realize work-related injury compensation, the employee may apply for property preservation. According to the law, if an interested party does not immediately apply for preservation due to an urgent situation, its lawful rights and interests will be irreparably harmed, it may apply to the people's court at the place where the property to be preserved, the domicile of the respondent, or the people's court with jurisdiction over the case is to take preservation measures before initiating a lawsuit or applying for arbitration. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application.

3. What should I do if the car is preserved by the court?

If the car is preserved by the court, it can apply for the release of the preservation after providing property security to the court. If you do not apply for the release of the preservation, the vehicle can be used normally, but you cannot buy and sell, mortgage and other activities.

Property preservation refers to a property preservation measure taken by the people's court if the interested party does not immediately apply for property preservation due to the urgency of the situation, which will cause irreparable damage to its lawful rights and interests.

Article 104 of the Civil Procedure Law of the People's Republic of China.

Where an interested party does not immediately apply for preservation due to an urgent situation, its lawful rights and interests will be irreparably harmed, it may apply to the people's court with jurisdiction over the case for the place where the property subject to preservation is located, the place where the respondent is domiciled, or the people's court with jurisdiction over the case before initiating a lawsuit or applying for arbitration. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application. After the people's court accepts the application, it must make a ruling within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

Where the applicant does not initiate litigation or apply for arbitration in accordance with law within 30 days after the people's court takes measures to take measures, the people's court shall lift the preservation.

Article 107.

In cases of property disputes, where the respondent provides a guarantee, the people's court shall rule to lift the preservation.

Only the property that has been preserved cannot be transferred, and the application for property preservation shall meet the conditions for the following conditions:

1. The situation must be urgent, and failure to take property preservation will cause irreparable damage to the applicant's legitimate property rights and interests;

2. The interested party must submit an application to the people's court where the property is located, and the court does not take the initiative to take property preservation measures ex officio;

3. The applicant must provide a guarantee, otherwise the court will dismiss the application.

4. The case must have payment content, which is a lawsuit for payment;

5. It must be the act of one of the parties that may make it difficult to enforce the judgment;

6. The application must be made in the course of the litigation. When necessary, the court may also rule ex officio to adopt measures to preserve litigation assets;

7. The applicant provides a guarantee. This is not the case if the court does not order the provision of security.

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