How to check the joint property of the husband and wife in divorce, and how to check the property of

Today I will share with you the problem of how to check the transfer of property in divorce. In divorce cases, according to the principle of who asserts and who bears the burden of proof, if one of the spouses claims that the other party has maliciously transferred, hidden, damaged or sold the joint property, the husband and wife shall provide the court with corresponding evidence; If the other party does not cooperate, it may apply to the court to collect relevant evidence, but relevant clues should be provided, such as the other party's ID number, bank, real estate address, etc. (1) Pay attention to the status of family property and prevent the other party from transferring funds in the name of "honoring parents" or "foreign investment"; Pay attention to equity investments held in the name of one of the spouses, insurance policies, etc.

2) Pay attention to the external debts of the husband and wife, verify the external debts of the husband and wife, and pay attention to the details of the funds in and out of the bank accounts of both parties; In particular, the accounts of a sole proprietorship enterprise established by one party in its own name should prevent one party from fabricating the joint debts of the husband and wife by making losses or making false accounts in the form of the enterprise. (3) Apply for property preservation in a timely manner, and when suing for divorce, in order to prevent one party from transferring joint deposits, selling real estate, cars, ** and other property without permission, you can apply to the court for property preservation; In an emergency, if the lawful rights and interests will be irreparably damaged if the property preservation is not applied for immediately, the court may also apply to the court for property preservation measures before filing a lawsuit. 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.

"Joint property of husband and wife" refers to the property jointly owned by the husband and wife during the existence of the relationship between husband and wife. The so-called period of the relationship between husband and wife refers to the period between the marriage of the husband and wife and the death or divorce of one of the spouses, and the property acquired by the husband and wife during this period, unless otherwise agreed, belongs to the joint property of the husband and wife. Husbands and wives have equal rights to dispose of jointly owned property.

The consent of the spouse is required for the disposition of property by one of the spouses during the existence of the spouse.

Legal Analysis: Investigation of Divorce Property: 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 funds; 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: 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 1077:Within 30 days of the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.

Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

Article 1078:Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.

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.

Under normal circumstances, one of the spouses' property can be investigated privately, and individuals can investigate the other party's passbook, salary slips, and whether they have a real estate certificate. However, in practice, property investigation conducted by individuals is often limited by conditions such as geography and time.

1. How to check the joint property of divorce according to the law?

Under normal circumstances, one of the spouses' property can be investigated privately, and individuals can investigate the other party's passbook, salary slips, and whether they have a real estate certificate. However, in practice, property investigation conducted by individuals is often limited by conditions such as geography and time.

2. The manner in which the property is investigated

1) Hiring a professional investigation company, this has certain risks, many courts are still skeptical about the legitimacy of professional investigation companies, and some non-professional investigation companies may investigate illegally, and the evidence obtained may not be accepted by the court.

2) Apply for court investigation, many friends will say that I will apply to the court to freeze the other party's property and ask the court to investigate. This seems to be the best way to go, with no risk and no expense. However, in real life, because the business of the grassroots court is very busy, even if you apply for a court investigation, the court may not be able to spare extra manpower to investigate, and if the property under investigation is in a foreign country, the possibility of the court going to investigate is even lower.

3) Hire a professional lawyer to investigate, if the above two methods are not feasible, you can only choose to hire a professional lawyer. The lawyer may go to the relevant department to investigate with the certificate issued by the law firm. In addition to non-state agencies such as companies and units, which may run into a wall, such as the working organs of the state, should be able to investigate assets.

3. What to do if you transfer bank deposits in the event of divorce

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

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

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

3. The normal living expenses of one party and the relevant evidence are used for refutation and defense.

For those who cannot negotiate the division of common property at the time of divorce, they can submit a request to the court for the division of property after writing a complaint for the division of joint property in divorce, and the court will generally conduct an investigation by freezing the joint property of both parties.

Clause. 1. If you want to find out the situation of the common property, you can apply to the court for inquiry after filing a lawsuit with the court, and try to provide the court with information such as the name of the deposit bank and the account opening to facilitate the court's inquiry. The money and income obtained after marriage belong to the joint property of the husband and wife and are divided equally.

Second, when dividing property in divorce, the parties need to provide evidence to prove the joint property of both husband and wife. The court divides only the joint property that is evidenced by evidence. If there is no evidence to prove it, the court cannot ascertain it and will not divide it.

After the parties have sufficient evidence, they may separately file a lawsuit in the court for division.

Article 1065 of the Civil Code of the People's Republic of China provides that a man and a woman may agree that the property acquired during the marriage relationship and the property before the marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

Article 1062 of the Civil Code of the People's Republic of China 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) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

The joint property of divorce provided for by law may be investigated by individuals and courts, and the people's courts have the right to investigate and collect evidence from relevant units and individuals, and relevant units and individuals must not refuse. The people's courts shall distinguish the authenticity of the supporting documents submitted by relevant units and individuals, and review and determine their validity.

Legal basis:

Article 67 of the Civil Procedure Law of the People's Republic of China.

The people's courts have the right to investigate and collect evidence from relevant units and individuals, and relevant units and individuals must not refuse.

The people's courts shall distinguish the authenticity of the supporting documents submitted by relevant units and individuals, and review and determine their validity.

Article 1 of the Civil Code of the People's Republic of China is 1062.

The following property acquired by the husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:

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

(2) Income from production, operation and investment;

(3) the proceeds of intellectual property rights;

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

(5) Other property that shall be jointly owned.

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