How to preserve property in divorce? How to preserve your property in a divorce

1.Prepare the prosecution materials, find out in advance whether the court with jurisdiction over the case can accept the guarantee method of "half guarantee, half guarantee", and if not, find a third party to provide property security;

2.When contacting a suitable guarantee company to apply for a letter of guarantee, you need to submit the copies or scans of the prepared litigation materials to the guarantee company for review. If there is no problem, the applicant for preservation can sign a guarantee agreement with the guarantee company, the applicant for preservation pays the fee, and the guarantee company prepares a "letter of guarantee";

3.Submit the prosecution materials and property preservation materials to the court, and after the court reviews and successfully files the case, contact the staff of the guarantee company to submit the letter of guarantee to the court after getting the "Notice of Case Acceptance", and the staff of the guarantee company can also go to the court to file the case with them, and submit the "Letter of Guarantee" immediately at the same time as the formal case is filed;

4.After receiving a complete set of property preservation applications, letters of guarantee and other property preservation materials, the case filing division will transfer them to the "business division" or the "litigation and protection group", and after reviewing and verifying that there are no errors, it will issue a "Notice of Payment of Preservation Fees", and notify the person applying for preservation to pay the relevant preservation fees, and after the preservation fees are paid, make a "Property Preservation Ruling" and transfer it to the Executive Directorate for enforcement;

5.The Executive Board shall enforce the interim order within 5 days from the date of receipt of the preservation ruling. The Executive Directorate usually uses letters to contact banks, housing authorities, industrial and commercial bureaus, ** companies and other institutions to seal and freeze the corresponding assets.

Once the preservation has been completed, the relevant agency will send a reply back to the Executive Board, and all the preservation work will be finalized.

It is sufficient to submit the "Application for Property Preservation" to the court, and clearly state the reasons for the need to preserve the property and the clues of the property.

What is it like to talk about property preservation in divorce.

Interpretation (3) of the Marriage Law of the People's Republic of China: "Where one of the spouses applies for the preservation of the personal property of the spouse or the joint property of the husband and wife, the people's court may, within the scope of the preservation measures that may be caused by the preservation measures, determine a reasonable amount of property security on the basis of the actual situation."

Property preservation is to freeze through legal means. If it is a joint property, you will also have half of the money you will pay for selling it during the marriage. Of course, if you don't have the financial ability, it's hard to recover.

Legal Analysis] You can submit an application for property preservation. Property preservation refers to the compulsory measures taken by the people's court to restrict the disposition of the parties' property or the subject matter of the dispute in order to ensure that the effective judgment can be enforced in the future or to avoid the loss of the property, in order to ensure that the effective judgment can be enforced in the future or after the party files a lawsuit. The person subject to enforcement must perform the obligation to pay compensation from the date on which the court's judgment takes effect.

If the other party refuses to enforce the judgment, the circumstances are serious and the crime of refusing to enforce the judgment or ruling is suspected. In order to protect their legitimate rights and interests, they can apply for pre-litigation property preservation when filing a lawsuit in the future. However, since pre-litigation property preservation is limited to urgent situations, the applicant must also provide a guarantee, and the court must also try the case.

In practice, there is a compromise approach, the creditor does not make pre-litigation preservation, but when the lawsuit is filed, it will communicate with the judge filing the case, and in order to prevent the defendant from transferring assets, the court is required not to serve the complaint and a copy on the defendant after the case is filed, and to make the preservation before serving it on the defendant after the judge is determined.

Legal basis] Civil Procedure Law of the People's Republic of China》 Article 100: In cases where it may be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons, the people's courts may, on the basis of the application of the opposing party, rule to preserve their property, order them to perform certain acts, or prohibit them from doing certain acts; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary. The people's court may order the applicant to provide a guarantee when taking preservation measures, and if the applicant does not provide a guarantee, rule to reject the application. 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 preservation measures, enforcement shall begin immediately.

Divorce to preserve one's property, as long as the agreement is clear at the time of divorce, you can preserve one's property.

Divorce has the following characteristics:

1. The dissolution of marriage is premised on the existence of a lawful marital relationship. Divorce is the dissolution of a lawful and valid marriage, and both parties to the marriage must meet the substantive and procedural requirements of marriage. Where a man and a woman who do not meet the requirements for marriage request a "divorce" after being married, it is not to be handled as divorce;

2. The subject of the dissolution of the marriage relationship is the parties to the marriage. The dissolution of marriage reflects the will of the parties and can only be carried out by the parties themselves. However, if the spouse of a person without civil capacity has abuse, abandonment, or other acts that seriously harm the personal rights or property rights and interests of the party without civil capacity, other persons with guardianship qualifications may request a change in the guardianship relationship in accordance with special procedures, and if the changed guardian ** the party without civil capacity initiates a divorce lawsuit, the people's court shall accept it;

3. The dissolution of marriage shall comply with the statutory conditions and procedures for divorce. Divorce agreements reached between the parties to a marriage on their own, or divorce agreements reached under the auspices of the parties' units, mass organizations, residents' (villagers') committees, grassroots mediation organizations, and other relevant departments, do not produce the legal effect of divorce. The parties need to go through the divorce formalities in accordance with the legal procedures, otherwise the legal effect of the divorce will not occur;

4. The dissolution of marriage will produce a series of legal consequences of divorce. The termination of the marital relationship will lead to a series of consequences such as the termination of the personal relationship between the husband and wife, the liquidation of joint property, the change of child support methods, and the settlement of joint debts.

Legal basis] Civil Code of the People's Republic of China

Article 1079: [Divorce by Litigation] Where one of the husband and wife requests a divorce, the relevant group may conduct mediation or directly file a lawsuit with the people's court for divorce and marriage.

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.

Property preservation in the event of divorce shall be carried out in accordance with the steps of divorce property preservation. Where one of the spouses has concealed, transferred, sold, damaged, or squandered the joint property of his or her wife, the other spouse may directly apply to the court for preservation. When a people's court adopts litigation preservation measures, it requires the applicant to first provide a guarantee or pay a security deposit, and submit an application that meets the statutory requirements.

The court will determine the amount of the property security according to the specific circumstances.

[Legal basis].

Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) Article 85: Where one of the husband and wife applies for the adoption of preservation measures against the personal property of the spouse 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, determine a reasonable amount of property balance guarantee based on the actual circumstances.

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, and does not immediately apply for preservation which will cause irreparable damage to their lawful rights and interests, they may apply to the people's court for a model to adopt preservation measures.

[Legal basis].Article 101 of the Civil Procedure Law of the People's Republic of China.

Where an interested party does not immediately apply for preservation due to an urgent situation, its lawful rights and interests will be irreparably harmed, it may apply to the people's court with jurisdiction over the case for the place where the property subject to preservation is located, the place where the respondent is domiciled, or the people's court with jurisdiction over the case 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.

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 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 if the property is delayed. 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.