What to do if the property is transferred, what to do if the property is transferred

In order to avoid their property being enforced by the court, the person subject to enforcement may secretly transfer his property before the case is decided. So, can the person subject to enforcement recover the money transferred? The deliberate transfer of property by the person subject to enforcement is an act that obstructs the order of the litigation.

If there are clues, they can be provided to the court, and the court will recover the transferred property and impose a fine or detention on the person subject to enforcement. where the circumstances are serious, it is suspected of constituting the crime of refusing to enforce a judgment or ruling. Article 74 of the Contract Law stipulates that if the debtor waives its due creditor's rights or transfers 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.

An application for property preservation may be made for the transfer of property before the divorce. 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 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 to apply to the court for property preservation when one of the parties has found that the other party has signs of damage, concealment, transfer, or sale of property after one 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.

In addition, article 47 of the Marriage Law stipulates that 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, the party who conceals, transfers or destroys the joint property or forges debts may receive a smaller share or no share when dividing the joint property of the husband and wife. 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. 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 Procedure Law.

Article 1092 of the Civil Code: 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 the joint property of the husband and wife is divided 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 the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the husband and wife divide the joint property of the husband and wife again.

Now what you need to do is to apply for property preservation or provide evidence to prove that the other party has transferred the property in bad faith. Article 111 of the Civil Procedure Law, where a litigation participant or other person commits any of the following acts, the People's Shanwu Court may impose a fine or detention according to the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law: (3) Concealing, transferring, selling, or destroying property that has been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen or settled; (6) Refusal to perform on a judgment or ruling of a people's court that has already taken effect.

Methods of secretly transferring property by the other party: If the property is its own personal property, the other party has no right to interfere. If the property is joint property, the parties may apply for property preservation in a timely manner, and when the property is divided, request that the party have a small share or no share.

If it is discovered that the transfer is made after the divorce, the joint property may be divided again.

[Legal basis].

Article 70 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

Where the husband and wife repent on the issue of property division after they divorce by mutual agreement and request that the property division agreement be revoked, the people's court shall accept it.

Where, after trial, the people's court does not discover that there was fraud or coercion at the time of entering into the property division agreement, it shall reject the parties' litigation claims in accordance with law.

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. 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.