Whether the defendant can apply for property preservation in divorce proceedings

1: Yes.

2. Due to the urgency of the situation, the interested party may apply to this court for property preservation before filing a lawsuit, and after this court accepts the application for property preservation before litigation, it will make a ruling within 48 hours, and if it rules to take property preservation measures, it shall be immediately enforced. Where a party does not file a lawsuit within 15 days of taking preservation measures, the property preservation is to be lifted.

3. If a party submits an application for property preservation, it may make a ruling on property preservation after examination; Where the parties do not submit an application, a ruling may also be made to employ property preservation measures when necessary.

4. If a party fails to provide security for pre-litigation preservation, the application shall be rejected.

5. If a party is dissatisfied with a ruling on property preservation, he may apply for a reconsideration once, and the enforcement of the ruling shall not be stopped during the reconsideration period.

6. 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.

Article 92 of the Civil Procedure Law stipulates that a 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. The people's court may order the applicant to provide a guarantee when employing property preservation measures; 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 property preservation measures, enforcement shall begin immediately.

Where an interested party's lawful rights and interests will be irreparably harmed if they do not immediately apply for property preservation due to an urgent situation, they may apply to the people's court for property preservation measures before initiating litigation. The applicant shall provide a guarantee, and 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; Where a ruling is made to employ property preservation measures, enforcement shall begin immediately.

In addition, the law also stipulates that if the applicant does not file a lawsuit within 15 days after the people's court takes preservation measures, the people's court shall lift the property preservation. Property preservation is limited to the scope of the request, or property related to the case. Property preservation is to employ sealing, seizure, freezing, or other methods prescribed by law.

After the people's court freezes assets, it shall immediately notify the person whose assets have been frozen. Where assets have already been sealed or frozen, they must not be sealed or frozen repeatedly. Where the respondent provides a guarantee, the people's court shall lift the property preservation.

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.

It is possible to apply for property preservation, and this requirement is mainly to prevent the other party from transferring the property, giving it to others, etc.

This will help to ascertain the actual amount of the property in the future, so as to safeguard one's legitimate interests.

In divorce cases, property preservation can be applied. Where the judgment is difficult to enforce or other harm is caused to the parties due to the conduct of one of the parties or other reasons, the parties may apply to the people's court for property preservation.

I think it should be possible!

It is advisable to hire a lawyer to reconcile your current divorce reasons! Generally, it should be half of each side of the property! The one who is at fault should compensate more!

Legal analysis: In divorce proceedings, the defendant can apply for property preservation, because the law stipulates that the interested parties in the case can apply for property preservation in case of emergency. How to apply for property preservation in divorce:

The applicant shall provide a guarantee or payment guarantee. When a people's court adopts property preservation measures, the scope of preservation is limited to the property disputed by the parties or the defendant's property. Before the divorce, the parties shall submit an application to the people's court where the property is located.

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 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.

OK. According to the provisions of the Civil Procedure Law, the interested parties in the case can apply for property preservation in an emergency, so the defendant in a divorce case can also apply for property preservation by closing his pants.

1. How to apply for property preservation of the other party's company.

Where parties or interested parties apply to the people's court for property preservation, they shall submit an application to the people's court and provide relevant evidentiary materials. China's Civil Procedure Law stipulates that if an interested party does not immediately apply for preservation due to an urgent situation, its legitimate rights and interests will be irreparably harmed, it 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.

II. What are the issues that need to be paid attention to in pre-litigation preservation?

The issues to be paid attention to in pre-litigation preservation are: 1. The interested party shall submit an application for property preservation to the people's court before filing a lawsuit; 2. The premise of applying for pre-litigation preservation must be that the situation is urgent, that is, if the interested party waits until the lawsuit is filed before applying for property preservation, its legitimate rights and interests will be irreparably damaged; 3. Where an application is made for pre-litigation preservation, the applicant shall provide a guarantee, and if the guarantee is not provided, the people's court shall reject the application; 4. Once the ruling on property preservation is made, it will take legal effect, and if the parties are not satisfied, they may apply to the people's court that made the property preservation for reconsideration once, and the enforcement of the ruling shall not be stopped during the reconsideration period.

3. Can a building without a contract apply for preservation?

In general, no. Where an interested party does not immediately apply for preservation due to the urgency of the situation, and its lawful rights and interests will be irreparably harmed, it 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 before initiating a lawsuit or applying for arbitration.

According to Article 101 of the Civil Procedure Law, if an interested party fails to immediately apply for preservation due to an urgent situation, its legitimate rights and interests will be irreparably damaged;

Before initiating a lawsuit or applying for arbitration, an application may be made to the people's court for the place where the property subject to preservation is located, the place where the respondent is domiciled, or the people's court that has jurisdiction over the case. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application.