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Anonymous users2024-02-16Legal Analysis: Depends on the circumstances. If it is during the marriage, the other party has the right to request the division of the joint property; In the case of divorce and division of the joint property of the husband and wife, the party may divide less or no share; In the case of divorce, the other party can file a lawsuit with the court to request that the joint property of the husband and wife be divided again.
Legal basis: Civil Code of the People's Republic of China
Article 1066:In any of the following circumstances during the existence of a marital relationship, 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 forging 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.
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 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.
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Anonymous users2024-02-15What should one party do when divorcing hides, transfers, sells, or destroys the joint property of the husband and wife, or falsifies debts?First, the party whose property is infringed 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. For example, in order to investigate her husband's forgery of a huge debt of 2.9 million yuan, a woman Xian took the IOU provided by the so-called debtor and signed by her husband to the Ministry of Public Security Research Institute to identify the writing time, and after appraisal, the IOU was written during the divorce proceedings in early 1999, which was inconsistent with the loan time written on the IOU in 1996, so it was determined that it was perjury, because Xian's husband forged a huge debt and was found guilty of "obstructing testimony".
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 by the above-mentioned acts, the other party may file a lawsuit with the court to request that the joint property of the husband and wife be divided again. Fourth, the people's courts shall impose sanctions on the above-mentioned acts of obstructing civil litigation in accordance with the provisions of the Civil Procedure Law, such as fines and detention.
where a crime is constituted, criminal responsibility is pursued in accordance with law.
The joint property of husband and wife refers to the property acquired by one or both parties during the existence of the marital relationship and provided for in the Civil Code of the People's Republic of China, which is jointly owned by the husband and wife, and the husband and wife have equal rights to dispose of the joint property. >>>More
There are legal provisions.
Co-ownership of property refers to a form of property right in which the same property belongs to two or more legal subjects. According to the General Principles of the Civil Law, it can take two forms: co-ownership and co-ownership. >>>More
Today I will share with you the problem of how to check the transfer of property in divorce. In divorce cases, according to the principle of who asserts and who bears the burden of proof, if one of the spouses claims that the other party has maliciously transferred, hidden, damaged or sold the joint property, the husband and wife shall provide the court with corresponding evidence; If the other party does not cooperate, it may apply to the court to collect relevant evidence, but relevant clues should be provided, such as the other party's ID number, bank, real estate address, etc. (1) Pay attention to the status of family property and prevent the other party from transferring funds in the name of "honoring parents" or "foreign investment"; Pay attention to equity investments held in the name of one of the spouses, insurance policies, etc. >>>More
It is said that it is joint property, it must be divided equally, if it is those real estate and the like, it can be valued and calculated, for example, there is a house at home, which is worth 1 million, then if one party wants it, it can be given to the other party 500,000, and the rest of the property can also be divided according to this division. The most important aspect of this type of segmentation is the average. >>>More
"Joint property of husband and wife" refers to the property jointly owned by the husband and wife during the existence of the relationship between husband and wife. The so-called period of the relationship between husband and wife refers to the period between the marriage of the husband and wife and the death or divorce of one of the spouses, and the property acquired by the husband and wife during this period, unless otherwise agreed, belongs to the joint property of the husband and wife. >>>More