How to transfer property in a divorce, what to do about the transfer of property before divorce, and

First of all, the transfer of property in divorce is aimed at the transfer of joint property of the husband and wife. There are different ways to transfer property in divorce depending on the property

1. Deposit, when transferring the deposit, the party who transfers the property will generally set up a new account, and quietly transfer the deposit to the new account, if the other party is not aware and does not know the new account, it is difficult to find out the property in the other party's account.

2. There are many ways to transfer the company's equity, including: immediately transferring the company's working capital, maliciously transferring the company's property in the form of deliberately assuming joint and several guarantee liability, creating a false "loan" lawsuit, making the spouse bear joint and several debts, using equity on behalf of the spouse, concealing the joint property of the husband and wife, "contributing" by borrowing, and sharing the capital injection debt in divorce, etc., specifically to reduce the equity they occupy to small or even zero, resulting in the appearance of no equity or even foreign debts, and deceiving the other party.

3. Real estate, in the transfer of real estate, is generally easier to find. Common ways to transfer real estate are: concealing the property information you own, transferring the property to someone else's name without permission, and getting cash.

4. Private donation of property, it is difficult to provide evidence for private gift of cash, this situation is more risky, although it is a conspiracy with a third party to transfer property, but if the third party does not admit it afterwards, it is likely to cause the result of chicken and egg beating.

How to avoid property transfer before divorce.

1. If you transfer deposits, pay attention to the other party's deposit certificate and the bank where you deposit the money, so as to provide legal evidence to the court. At the same time, you can also find out which banks the other party has from the receipts for paying water and electricity bills, mobile phone bills, etc., and when you find that there is a problem with the other party's financial situation, you need to start paying attention to collecting evidence. After understanding the other party, you can apply to the court for an inquiry, and it is foolproof.

2. If the equity of the company is transferred, because the company is outside the life of the husband and wife, it is difficult to detect when the other party transfers property, even if it is perceived, it is not easy to collect evidence, therefore, in the face of the other party's transfer of the company's equity, you can hire a professional lawyer to help you investigate the operation of the other party's company to avoid greater losses.

3. Transferring real estate and concealing real estate information without permission. Therefore, if one party's behavior is mysterious or abnormal, causing the other party to suspect that there is another property, the other party should pay attention to find the ticket or deposit record of one party to see if there is a large payment for a period of time, as well as the record of remittance to the real estate company, or directly to the real estate company in the name of the husband and wife entrusted to pay for verification, or use business investigation to collect evidence. After this situation occurs, it is difficult to complete the above investigation matters by relying on the other party's own energy, so it is recommended to hire an experienced lawyer to handle it in the face of a large amount of property.

4. In the case of private donation of property, it is very difficult to adduce evidence for the private donation of property because the act of donation has a certain degree of privacy. At this time, you need to pay more attention to it in ordinary times.

With the continuous development of modern society, divorce between husband and wife is not uncommon, but in divorce, both husband and wife have to involve the division of property, so some couples begin to transfer property before divorce, thenHow to transfer property before divorceHow to avoid the transfer of prenuptial property before divorce? Let me tell you about it.

How to transfer property before divorce 1: Transfer deposits.

Transferring deposits is relatively simple, usually suspicious of opening a new account, and then transferring the deposit to the new account for a long time, if the other party does not find out, does not know the existence of the new account, it is difficult to find out how much money is in the account.

How to transfer property before divorce 2: Transfer real estate.

It is usually to hide the property information and transfer the property to someone else's name in exchange for cash. On the surface, this method is not very clever, because the whole transaction process has to be in the real estate transaction center, others will know about it at the first time, and it will take a long time, but it can get a lot of cash in the shortest possible time, and can find a reason to cover up.

How to transfer property before divorce 3: Talk about property transfer with private gifts.

This type of transfer requires the cooperation of others, and the risk factor is quite high.

How to transfer property before divorce 4: Transfer company assets or equity.

The transfer of the company's property or working capital and the creation of a fake loan situation are to reduce their own equity to zero, resulting in a situation where there is no equity and foreign debt.

How to avoid property transfer before divorce.

1. For the transfer of deposits, you can check whether there is any change in a large amount of funds on his relevant receipts such as water and electricity bills and mobile phone bills, as well as the bank information of the other party's online banking or bank card.

2. For the transfer of real estate, if one party suspects that the other party has a real estate transfer, the other party should pay attention to find his ticket or deposit transactions, or go directly to the real estate transaction center to verify the name of the husband and wife, or go to the housing management department to inquire and collect evidence.

3. For those who donate property privately, it is very difficult to inquire because of the great privacy. However, it is usually given to relatives or trusted people, so you need to pay more attention to your family assets at ordinary times.

4. For the transfer of company funds or equity, this is more difficult to prevent, unless both parties work in the same company and have a higher position, if not in a company, it is difficult to find, even if it is found, it is difficult to collect evidence, therefore, in the face of the other party's transfer of company funds or equity, you should hire a professional lawyer to help you investigate the situation of the other party's company, to avoid property transfer, resulting in significant losses.

I conclude: That's what I'm rightHow to transfer property before divorceIt is hoped that couples who are preparing for divorce should pay more attention to the transfer of premarital property, and can sign a prenuptial agreement or hire a professional to protect their legitimate rights and interests.

Methods for the transfer of joint property between husband and wife in divorce: Under normal circumstances, the parties may collect relevant evidence of the transfer of the joint property by the other party, and when requesting the division of the joint property, the party shall not share or share less. If it is discovered after the divorce, it can file a lawsuit with the court to request that the joint property be divided again.

[Legal basis].

Article 70 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

Where the husband and wife repent on the issue of property division after they divorce by mutual agreement and request that the property division agreement be revoked, the people's court shall accept it.

Where, after trial, the people's court does not discover that there was fraud or coercion at the time of entering into the property division agreement, it shall reject the parties' litigation claims in accordance with law.

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 debts of the husband and wife in an attempt to encroach on the property of the other party, the other party may receive a smaller share 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 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.

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.

It is illegal to transfer property, and according to the provisions of the Marriage Law, if it is discovered, it is necessary to divide the property less or no share, so it is not recommended to transfer, but it is not easy to find out if you deposit money in someone else's account.

1. Houses, cars, etc. need to be registered: if they are transferred to close relatives, and they are transferred significantly lower than the market **, and there is no actual payment, etc., there is a possibility of being determined to be malicious collusion and revoked;

2. Deposit: If the arrears owed to close relatives are fabricated without supporting evidence, there is also the possibility of being found to be malicious collusion and revoked;

3. Those who have not been assigned due to transfer and are found after the divorce will still be required to redistribute.

How to deal with the transfer of property in the event of divorce.

In divorce cases, there are three main issues involved, namely, whether to decide on divorce, who will raise the minor children, and how to get a fair share of the joint property. Among them, the division of property is the most complex and the most controversial. In reality, it is common to encounter situations where one party sells the joint property of the husband and wife, deregisters the company, writes a fake IOU, etc., transfers the property, and attempts to encroach on the property of the other party.

In general, lawyers are often powerless to do anything about this kind of behavior. If your property is movable or has become movable, its liquidity is difficult to control. There are many divorced parties who are worried and distressed that the other party maliciously incurs debts and transfers property, and they are often helpless when they encounter similar situations.

The circumstances in which property is transferred are:

1.transfer of existing deposits;

2.Income is not deposited in the passbook in the name of the husband and wife;

3.Privately owned ** house;

4.Privately ** other joint property of the husband and wife;

5.Transferring or donating the joint property of the husband and wife without compensation, etc.

The circumstances of malicious debt generally include:

1.making false IOUs;

2.misrepresentation of expenses;

3.Utilization of related company liabilities, etc.

How to deal with the transfer of property in the event of divorce.

1.Collect clues in their passbook and write down their account bank, no matter where they transfer the money, it will not have much impact, and they can apply to the court to inquire about the transfer records, and ask the court to explain the whereabouts and uses of the deposits, and review the necessity of the transfer;

2.If the other party has a high income but does not have any savings, the court will order him to explain his income and expenses, and review the reasonableness and necessity of the expenses;

3.For the transfer of immovable property: since it belongs to the joint property of the husband and wife, either party has no right to unilaterally transfer it, otherwise the other party can claim that the sale is invalid and pursue its legal responsibility for the transfer;

4.For the transfer of general items: keep the purchase receipt;

Where it is necessary to collect evidence, if one party transfers property in divorce proceedings, and if it is not recognized after being cross-examined, and is later verified by the court, it will not be allowed to distribute or divide the transferred property. Sufficient evidence must be obtained. For example, relevant invoices, ** and the place where the property is hidden, etc.

Apply for pre-litigation property preservation!

Civil Procedure Law of the People's Republic of China

Article 93 stipulates that the following conditions must be met for pre-litigation property preservation:

1) The parties do not have time to file a lawsuit, and the obligor has malicious acts or other reasons, and does not take preservation measures, and the lawful rights and interests of the obligee will be irreparably harmed. It must be urgent.

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 in accordance with its authority.

3) The applicant must provide a guarantee, otherwise, the court rejects the application.

4) Pre-litigation applications are limited to lawsuits for payment.

Sue and apply for property preservation.