When divorcing, how to check the property in the other party s name

There are two types of divorce. One is that both parties reach a consensus through consultation, sign the "Divorce Agreement", and go to the civil affairs department to go through the divorce procedures. At this time, it is the autonomy of the will of both parties, the expression of the opinions of both parties, and the division of the joint property of the husband and wife.

Because the Divorce Agreement is signed between two equal subjects, neither party has the right to check the property status in the other party's name. Even if it is transferred, there may be no way to know. Another form is when the two parties cannot reach an agreement, so that they cannot sign the Divorce Agreement, and the two parties have no way to go through the divorce procedures together with the Civil Affairs Bureau.

At this time, it may involve litigation divorce, and after entering the litigation procedure, you can apply to the people's court for property preservation. If you have a lawyer, the lawyer can check the vehicle information and housing information in the other party's name. However, the lawyer cannot inquire about how much money is in the other party's bank card, and the court needs to accept your application for property preservation, and the enforcement judge will inquire about it.

In the case of divorce, if you want to inquire about the real estate information in the other party's name, you can apply to the court, and the court will obtain it from the relevant real estate management department, or the court will issue an investigation order, and the lawyer entrusted by you will order it to the relevant real estate management department to obtain it.

If, after investigation, the other party did purchase the property during the existence of the marital relationship between the parties, then the division of the property can be claimed.

[Legal basis].

Article 1079 of the Civil Code: [Divorce by Litigation] Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation 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 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 1062: [Joint Property of Husband and Wife] The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1076: [Divorce by Mutual Consent]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 office.

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.

An application may be made to the court for preservation measures against the spouse's personal property or the joint property of the spouse.

The Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (Fa Shi [2003] No. 19) provides:

Article 28: Where one of the husband and wife applies to take preservation measures against the spouse's personal property or the joint property of the husband and wife, the people's court may, within the scope of the losses that might be caused by the preservation measures, and on the basis of the actual circumstances, determine a reasonable amount of property security.

According to the new Marriage Law, regardless of whether the name of one party or both parties is on the real estate certificate, as long as the property right of the house is obtained by the husband and wife through joint contribution (including loans) after marriage, it is joint property.

Legal Analysis:1Hire a professional survey company.

2.Apply for a court investigation.

3.Hire a professional lawyer to investigate.

4.Personal Survey:

1) Provide the other party's bank account number or opening bank, and go to the relevant bank to obtain the details of the account information;

2) Go to the relevant tax authorities to investigate the payment of individual income tax by the other party and extrapolate the actual income of the other party;

3) Go to the financial or personnel department of the other party's unit to conduct an investigation.

Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning Property Investigation in Civil Enforcement

Article 1: During the course of enforcement, the person applying for enforcement shall provide clues on the property of the person subject to enforcement; The person subject to enforcement shall truthfully report the assets; People's courts shall conduct investigations through the online enforcement investigation and control system, and where other methods shall be used to conduct investigations as needed for the case, other methods of investigation are to be employed at the same time.

Article 2: The person applying for enforcement shall fill out a property investigation form if he or she provides clues on the property of the person subject to enforcement. Where the property leads are clear and specific, the people's courts shall investigate and verify them within 7 days; where the situation is urgent, it shall be investigated and verified within 3 days. Where the property leads are credible, the people's courts shall promptly employ corresponding enforcement measures to dig up the slips.

Where the person applying for enforcement is truly unable to ascertain the property on his own for objective reasons, he may apply to the people's court for investigation.

Article 3: Where a people's court orders the person subject to enforcement to report on the circumstances of the assets of the person applying for enforcement or ex officio, it shall issue an order to them to report the assets. In the enforcement of monetary claims, the order to report assets shall be issued at the same time as the enforcement notice.

Where, as necessary for the case, the people's court again orders the person subject to enforcement to report the property, it shall order the banquet to issue a new order to him to report the property.

Legal Analysis: The method of checking the other party's property in the event of divorce is as follows:

1. Provide the other party's bank or opening bank, and go to the relevant bank to obtain the details of the account funds;

2. Go to the financial or personnel department of the other party's unit to conduct an investigation;

3. Go to the relevant tax authorities to investigate the payment of individual income tax by the other party.

Legal basis: Article 64 of the Civil Procedure Law provides that the parties have the responsibility to provide evidence for their own claims. The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case.

The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.

Legal analysis: You can check the property in the name of the other party, and in the divorce proceedings, the judge will require the husband and wife to declare their own property status, and will not take the initiative to investigate. Where one party conceals property, the other party may apply to a judge to investigate and collect evidence.

Legal Ombudsman Basis:

Article 1092 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 the joint property of the husband and wife is divided in divorce, the other party may receive a small share or no share. After the divorce, if the other party discovers that he or she has committed 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.

Due to the complexity of the case, if it is true that the property is divided through divorce, and your friend is temporarily unable to provide accurate information about the high supply of real estate, you can only apply to the court for an investigation order through the lawyer, go to the Shanghai Real Estate Exchange Center, and obtain her husband's housing transaction records. If you can't retrieve it, it may be more difficult. I am a local lawyer in Shanghai, if you are not sure, the consultation is free.

Article 1087 of the Civil Code of the People's Republic of China provides that in the event of a divorce, the joint property of the husband and wife shall be disposed of by agreement between the parties; If an agreement is not reached, the people's court shall 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 party who is not at fault. The rights and interests enjoyed by the husband or wife in the contracting and management of family land shall be protected in accordance with law.