How to deal with the transfer of property by one of the spouses in the event of divorce

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.

Otherwise, you should file a lawsuit with the court early and freeze some property, and it is illegal to transfer property during this period! Article 47 of the Marriage Law: In the event of a divorce, when one party conceals, transfers, sells, or destroys the joint property of the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, the party who conceals, transfers, sells, 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 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. The statute of limitations for re-division of property is 2 years. People like you who don't understand the law sue to the court as soon as possible, and it's still the same sentence, talking about evidence, without evidence, nothing is in vain, and you are busy in vain.

When you find that the other party has transferred property, you must apply for property preservation as soon as possible, please listen to the details of family lawyer Zhao Dongxue.

Legal analysis: The divorced spouse can file a lawsuit with the court for the transfer of property. The party receiving the property infringement shall cooperate with the local people's court to actively investigate and collect evidence, obtain evidence that the other party has transferred the property, and protect its own property rights and interests to the greatest extent; As long as it is proved that one party has transferred property, the court may decide to give that party a lesser or no share.

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 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.

After the people's court has ruled that the divorce is not allowed, and the parties have been separated for one year, and one party files a divorce lawsuit again, the divorce shall be granted.

Regarding the transfer of property before the divorce, if your husband transfers the property, you can apply to the court for property preservation, which can prevent your husband from transferring the property. According to articles 92 and 93 of the Civil Procedure Law, property preservation is divided into two types: pre-litigation preservation and litigation preservation. Pre-litigation preservation is an application for property preservation and withering filed with the court before the parties file a lawsuit, which is generally applicable to urgent situations, such as discovering that the other party has transferred, sold, or damaged property before filing a lawsuit.

It should be reminded that within 15 days after the court takes the preservation measures, the applicant must file a lawsuit, and if he does not prosecute, the court will lift the property preservation; Litigation preservation is a measure taken by the court when a party discovers that the other party has signs of damage, concealment, transfer, or sale of property after the party has filed a formal lawsuit. After the court adopts property preservation measures, the obligor who has the obligation to keep the property to be preserved must keep it properly and must not hide, transfer, damage or sell the property. Laws and regulations on divorce from the return shed:

Article 17 of the Marriage Law The following property acquired by a husband and wife during the existence of a marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; (2) Income from production and operation; (3) the proceeds of intellectual property rights; (4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law; (5) Other property that shall be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property.

Article 18: In any of the following circumstances, it is the property of one of the husband and wife: (1) the premarital property of one party; (2) Medical expenses, living allowances for persons with disabilities, and other expenses received by one side as a result of bodily injury; (3) Property that is determined in the will or gift contract to belong to only one of the husband or wife; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party.