How to collect evidence for the transfer of property of one party to the divorce

Today I will share with you what to do if one of the parties to the divorce transfers property? The Supreme People's Court's Several Specific Opinions on the Handling of Property Division Issues in the Trial of Divorce Cases by the People's Courts stipulates that if one party illegally conceals or transfers the property jointly owned by the husband and wife and refuses to hand it over, or illegally sells or destroys it, when dividing the property, the party who conceals, transfers, sells or destroys the property shall be given a smaller share or no share. When dealing with the property in detail, the property that is hidden, transferred, sold, or damaged shall be regarded as the share of the property shared by the party who concealed, transferred, sold, or damaged the property, and the share due to the other party shall be offset 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.

The people's court may handle the party who illegally conceals, transfers, sells, or destroys the joint property of the husband and wife in accordance with the provisions of article 102 of the "Civil Procedure Law of the People's Republic of China". In order to prevent one party from disposing of property without authorization, it is best not to leave the financial power to one person to manage; If one party disposes of valuable marital property without authorization, the other party should stop it in time, especially when the other party transfers the property in the name of honoring the elders. If you have not yet filed a lawsuit or have already filed for divorce, and it is found that one party has transferred property, you can apply to the court for property preservation.

If evidence of the transfer of property by the other party before marriage is found after the divorce, the court may be requested to divide the joint property of the husband and wife again. Due to the complexity of the property transfer situation, it is recommended to hire a professional lawyer to investigate and collect evidence to protect legitimate rights and interests. Legal basis:

Article 47 of the Marriage Law of the People's Republic of China provides that in the event of a 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 debts may receive a small 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: 1. Before marriage, both parties contributed to the purchase of the house and registered it in the name of one person. 2. Concealing information about the ownership of real estate.

3. Transfer the real estate transaction to another person's name without permission. 4. Buying real estate in the name of others. Pay attention to collect invoices or tax vouchers for the purchase of real estate, and pay attention to the business transactions of the other party to check whether there is a situation of housing offset.

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. Yu Parodens.

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.

1. If one party is suspected of concealing or transferring common property, and cannot prove the reasonable use of the money, it shall be presumed that it still holds the money and divide it up. According to Article 2 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, "a party shall have the responsibility to provide evidence to prove the facts on which its own claim is based or on which it refutes the other party's claim."

Where there is no evidence or the evidence is insufficient to prove the factual assertions of the parties, the party bearing the burden of proof shall bear the adverse consequences. This is the principle of "whoever asserts shall bear the proof". 2. When the divorced parties divide the joint property of the husband and wife, if one of the parties conceals, transfers, sells or destroys the joint property of the husband and wife; or if one of the parties takes advantage of the forged debt relationship in an attempt to turn the forged debt into a joint debt of the husband and wife, and makes the other party bear the responsibility of repayment, so as to encroach on the property of the other party, the court will protect the rights and interests of the party whose interests have been harmed in accordance with the law, and will refuse to give a small or no share to the party who conceals, transfers, sells, or destroys the joint property of the husband and wife or falsifies the debt.

Article 2 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings.

1. The passbook and bank card left by the other party at home are copied or excerpted from these materials, 2. The bank card voucher left by the other party at home 3. The deposit and withdrawal voucher of the other party's bank is recorded in the notebook for memorization. 3. Inquire about the information of its real estate vehicles. 4. Inquire about their insurance information.