Is there a legal time limit for the transfer of property in divorce?

Updated on society 2024-06-25
10 answers
  1. Anonymous users2024-02-12

    Nope. If you find that the other party's property has been transferred, you can file a lawsuit for redistribution of the property within one year of the discovery.

    Marriage. Article 47 Where, at the time of divorce, 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 forges debts may receive a smaller 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.

    People's courts are to sanction conduct that obstructs civil litigation as provided for in the preceding paragraph in accordance with the provisions of the Civil Procedure Law.

  2. Anonymous users2024-02-11

    Some people don't want to score their property after the divorce, so they will transfer the property before the divorce, and this is actually wrong. In addition, the other party is not a fool, so after this incident happened, the other party was also unwilling. And if the other party submits the relevant evidence to the court, the other party may obtain more property, so it is recommended that you do not think about these careful thoughts.

    Because property is the largest possible part of the property, some people will transfer the property to someone else's name.

    Regarding the transfer of property between the husband and wife, if the house is purchased jointly by the husband and wife, then one party is not eligible to transfer the property at all. There is also an unauthorized transfer, such as the sale of the joint property of the husband and wife, which is also very wrong. The law generally protects the person who has been harmed.

    There are also some people who have this ability after marriage. But they don't want their wives to share the property with them, so they buy the house in the name of someone else, such as their mother or father, and so on.

    There is no law on marriageIn fact, it is not necessary for two people to live together, and many people do not know how long it will take to transfer property. China's marriage law does not stipulate how long it takes for the transfer of property at the time of divorce to be considered a transfer of property, but if the other party discovers this situation after marriage, it can also be reported to the court. In fact, if you do this, you have already broken off the relationship between the two parties, and it also makes the other party feel that you are a very unreliable person, and the two of you want to live together.

    It is important to retain evidence, if the other party wants to live a good life with you, then there is no need for everyone to behave like this. But if one party is lazy at home and does not provide any benefits to the family, then the property can not be divided equally, as long as everyone can show relevant evidence.

  3. Anonymous users2024-02-10

    According to Article 17 of the Marriage Law, the following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: wages and bonuses; income from production and operation; proceeds from intellectual property rights; Property acquired by inheritance or gift (i.e., property determined in the will or gift contract to belong only to the husband or wife) that is not expressly owned by one of the parties; other property that should be jointly owned; At the time of divorce, if 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, 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 smaller share or no share.

  4. Anonymous users2024-02-09

    If it is found that the other party has been maliciously transferring the property after the divorce has been sued by the court or without the court has been prosecuted, then you can apply to the court to protect the property of the husband and wife.

    Criminal Law of the People's Republic of China" Article 314 Concealing, transferring, selling, or intentionally destroying property that has been sealed, seized, or frozen by the court, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, or a fine.

    Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Property Preservation Cases by People's Courts》 Article 15: People's courts shall employ corresponding measures of sealing, seizure, or freezing on the basis of property preservation rulings. Where the overall value of land, houses, or other immovable property that can be preserved is clearly higher than the amount indicated in the preservation ruling, the people's court shall employ measures to seal, seize, or freeze the corresponding value of the immovable property, except where the immovable property is indivisible in use or where division would seriously reduce its value. Where measures are taken to freeze funds in bank accounts, the people's courts shall clarify the specific amount to be frozen.

  5. Anonymous users2024-02-08

    The transfer of property to someone else's customer, or the sale, damage, or falsification of property is a case of property transfer, and it is considered a transfer of property within about two months.

  6. Anonymous users2024-02-07

    1.The transfer of property before divorce is mainly the transfer of joint property of the husband and wife. According to Article 47 of the Marriage Law of the People's Republic of China, if one party conceals, transfers, sells, or destroys the joint property of the husband and wife at the time of divorce, or falsifies debts in an attempt to encroach on the property of the other party, Article 17 of the Marriage Law stipulates that the following property acquired by the husband and wife during the existence of the marriage relationship shall be jointly owned by the husband and wife

    salaries, bonuses; income from production and operation; proceeds from intellectual property rights; Property acquired by inheritance or gift (i.e., property determined in the will or gift contract to belong only to the husband or wife) that is not expressly owned by one of the parties; other property that should be jointly owned; 2.At the time of divorce, if 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, 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.

  7. Anonymous users2024-02-06

    The transfer of property is mainly the transfer of the joint property of the husband and wife, and the time is generally about 2 months.

  8. Anonymous users2024-02-05

    China's marriage law does not stipulate how long it can be regarded as a transfer of property in a divorce, but only stipulates that property cannot be transferred. After the divorce with remorse, 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. The people's courts are to sanction conduct that obstructs civil litigation as provided for in the preceding paragraph in accordance with the provisions of the Civil Litigation Debate Law.

    Legal basis

    According to Article 1066 of the Civil Code, one of the husband and wife may request the people's court to divide the joint property under any of the following circumstances during the existence of the marital relationship: one party has concealed, transferred, sold, damaged, or squandered the joint property of the husband and wife, or forged the joint debts of the husband and wife, or other acts that seriously damage the interests of the joint property of the husband and wife.

  9. Anonymous users2024-02-04

    1. How to determine the transfer of property at the time of divorce The Supreme People's Court's Several Specific Opinions on the Handling of Property Division Issues in Divorce Cases by the Supreme People's Court 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 damages 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 the share of the property shared by the party who conceals, transfers, sells, or damages 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 amount 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".

    2. How to determine the time for transferring property in divorce to prevent one party from disposing of property without authorization, and it is best not to hand over financial rights 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. It is difficult to obtain evidence for cash transfer, so it is recommended to set up a joint account between husband and wife for large deposits to prevent one party from transferring without authorization; If it is found that one party may transfer property, it is possible to retain evidence such as the other party's bank account and transaction details. 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. The law protects the weak, and the party transferring the property should have little or no share of the property.

    If the debtor waives its due creditor's rights or transfers its property free of charge, causing damage to the creditor, the creditor may request the people's court to revoke the debtor's act. If the debtor transfers property at an obviously unreasonable low price, causing damage to the creditor, and the transferee is aware of the situation, the creditor may also request the people's court to revoke the debtor's act. The scope of the exercise of the right of avoidance is limited to the creditor's claim.

    The necessary expenses for the creditor to exercise the right of avoidance shall be borne by the debtor. The right of avoidance shall be exercised within one year from the date on which the creditor knows or ought to know the reasons for avoidance. If the right of avoidance is not exercised within five years from the date of the debtor's act, the right of avoidance shall be extinguished.

    In the case that it is difficult to collect evidence by oneself, you may apply to the court for the court to collect evidence 7 days in advance before the time limit for evidence collection specified by the court. For example, for **, you can check its ** records, and if ** is no longer in its name, you can ask it to say where it was transferred and why. It is normal if it is transferred slowly and reasonably and the proceeds are used for household expenses.

    If it is transferred shortly before the divorce, it is a malicious transfer and the court will pursue it.

  10. Anonymous users2024-02-03

    Legal Analysis: During the existence of the marital relationship, if one party conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the source or the joint debts of the husband and wife, or otherwise seriously harms the interests of the joint property of the husband and wife, the other party may request the people's court to divide the joint property. Legal basis

    Article 1076 of the Civil Code of the People's Republic of China 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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 request to either parent when necessary to exceed the amount originally set in the agreement or judgment. 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 shall, on the basis of the specific circumstances of the property, make a judgment 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.

Related questions
9 answers2024-06-25

There are no procedures or legal provisions for "engagement". The law stipulates that a marriage is established after it is registered. Betrothal is not a procedure that is required by law, and the law does not prohibit the parties from having a voluntary engagement ceremony. >>>More

7 answers2024-06-25

1. Agreement. When both the property and the child can be negotiated. >>>More

17 answers2024-06-25

This IOU is invalid, according to the provisions of China's contract law: >>>More

15 answers2024-06-25

The purchase of a house after marriage is generally the joint property of the husband and wife. >>>More

8 answers2024-06-25

Early internship is at the discretion of the school.