What happens if one of the parties transfers property in the event of a divorce?

When you divorce, if one party automatically uses the joint property of both of you to transfer it privately, it is illegal and illegal, and if it can be ascertained, he will not get any benefits, and this can find evidence.

If one party transfers property before the divorce, the other party may apply to the court for a redivision of the marital property.

According to Article 1092 of the Civil Code, if 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 share less 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.

When dealing with the specific situation, if one party illegally conceals or transfers the joint property of 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".

Legal analysis: (1) During the existence of the marital relationship, if one party transfers the joint property of the husband and wife without authorization, the other party may request the people's court to divide the joint property of the husband and wife.

2) In the event of divorce, if one party transfers the joint property of the husband and wife without authorization, the joint property of the husband and wife may be divided without or less.

3) After the divorce, if it is found that one party has transferred the joint property of the husband and wife without authorization before the divorce, he may request the court to divide the joint property of the husband and wife again.

Legal basis: Article 1066 of the Civil Code of the People's Republic of China During the existence of a marital relationship, in any of the following circumstances, one of the husband and wife may request the people's court to divide the joint property:

1) One party has conduct that seriously harms the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or falsifying the joint debts of the husband and wife;

2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

1. What should one party do when one party transfers property during divorce What should one party do when divorce hides, transfers, sells, destroys the joint property of the husband and wife, or falsifies debts? First, the infringed property party should cooperate with the court to actively investigate and collect evidence, obtain evidence of the other party's above-mentioned acts, and protect its property rights and interests to the greatest extent. Second, as long as it is proved that one party has committed the above-mentioned acts, the court may give less or no score to that party.

Third, after the divorce, if evidence is obtained to prove that the property during the existence of the marital relationship was monopolized by one party with the above-mentioned acts, the other party may request Dachen to file a lawsuit with the court to request the division of the joint property of the husband and wife again. Fourth, the people's courts shall impose sanctions, such as fines and detention, in accordance with the provisions of the Civil Procedure Law, for the above-mentioned acts that obstruct civil litigation. where a crime is constituted, criminal responsibility is pursued in accordance with law.

II. How to Handle the Joint Property of Husband and Wife China's "Marriage Law" stipulates that husband and wife have equal rights to dispose of joint property. Processing is the right of disposition. When disposing of the joint property of husband and wife, the consent of all co-owners shall be obtained.

Where one party disposes of the imitation common property without the consent of the other party, it is an invalid civil act. It should be noted, however, that in order to protect the interests of bona fide third parties, the judicial interpretation of the Supreme People's Court stipulates that if a third party does not know, its acts are valid. In the case of community property, the husband and wife are legally jointly owned.

According to the principles of civil law and the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law, the rights of the co-owners of jointly owned property involve all the common property, not just the part of the property in which they hold their share. During the existence of the co-ownership relationship, one of the co-owners has no right to unilaterally dispose of the common property without the consent of the other co-owners, nor does he have the right to unilaterally dispose of the part of the property that belongs to his own share, and disposes of it without authorization. Therefore, if one of the spouses makes a decision on the disposition of the marital property for reasons other than the needs of daily life, the husband and wife shall negotiate on an equal footing and obtain the consent or acquiescence of the other party.

The act of transferring the joint property of the husband and wife will definitely damage the legitimate interests of the other party, after all, for the joint property of the husband and wife, the husband and wife are jointly owned at this time, and neither party can take it for himself. At the time of divorce, such a situation can be said to occur frequently, and at this time, it is necessary to actively investigate and collect evidence to prove that the other party has transferred the joint property of the husband and wife, so that this part of the property can be divided and disposed of.

The transfer of property by one party in the event of divorce is handled as follows:

1. At the time of divorce, the injured party may request that the transferred party be divided into a small or no share of the joint property of the husband and wife;

2. If the act is discovered after the divorce, a lawsuit may be filed with the people's court to request that the joint property of the husband and wife be divided again. In a divorce lawsuit, when the court is requested to divide a property in a divorce, the requesting party bears the burden of proof that the property exists and that the property is indeed the joint property of the husband and wife.

If you have not yet filed a lawsuit or have filed for divorce, and it is found that the other party has already transferred property, you can apply to the court for property preservation. If the situation is urgent, the party that has not transferred the property may apply to the court for property preservation before filing a lawsuit, and if the court rules to adopt property preservation measures after accepting the application for property preservation before litigation, it shall be enforced immediately. At this time, it is important not to file a lawsuit within 15 days after the preservation measures are taken, otherwise the court will lift the property preservation.

[Legal basis].Article 1091 of the Civil Code of the People's Republic of China.

If there is any of the following circumstances that lead to divorce, the innocent party has the right to claim damages:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abusing or abandoning family members;

5) There are other major faults.

Article 1090.

In the event of a divorce, if one party is in financial difficulty, the other party who can afford it should provide appropriate assistance. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Article 47 of China's "Marriage Law" stipulates: "At the time of 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 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.

However, according to the principle of "whoever asserts the property shall provide evidence", the party that has not transferred the property must adduce evidence to prove that the other party has concealed the property, and how much it has hidden, and if it cannot provide evidence, it will have to bear adverse legal consequences. In real life, many parties with low family status are often at a disadvantage in evidence collection when dividing property in divorce. In addition to housing, there are also equity and management rights, etc., when a divorce lawsuit occurs, one party conceals, transfers property, or even fabricates false debts from time to time, if the injured party does not understand the new financial management method, or does not know at all; If you don't know what one party is doing outside, and what you see every day is these things in the open and nothing in the dark, then you can't complete the evidence collection task required by law; When objective facts cannot be fully proven, one can only look at the property that belongs to oneself to others.

Therefore, when dealing with the division of marital property, it is necessary to have professional assistance, and when necessary, entrust a lawyer to intervene in a timely manner, so as to better protect their legitimate rights and interests.

If, at the time of divorce, one party conceals, transfers, sells, destroys, or fabricates debts in an attempt to encroach on the property of one of the other parties, the division of the joint property of the husband and wife may be divided with less or no share, and after the divorce, the other party discovers that the above acts have been committed, and may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

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. Ji Xian cover.

Civil Code of the People's Republic of China

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 dividing the joint property of the husband and wife 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 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.