[Direct answer]In the Beijing area, it's possible to investigate, but in most cases, it requires legal procedures. If a party transfers a large sum of money without consultation during the marriage, it may constitute the concealment or transfer of marital joint property. Possible approaches: First, fix the known clues (the other party's account, transfer time, and payee); apply to the court for investigation and evidence collection during the divorce litigation to retrieve the bank and third-party payment transaction records; and apply for property preservation in urgent situations. Article 1092 of the Civil Code of the People's Republic of China stipulates that if a party conceals, transfers, sells, damages, or squanders marital joint property or forges debts, the court may award them a smaller share or no share in the divorce settlement; if the situation is discovered after the divorce, the party may file a lawsuit for a second division of property within three years from the date of discovery.

1. Problem background and typical scenarios

Before and after the breakdown of the relationship, there was a sudden large-scale outflow of funds from the account: the money was transferred to relatives and friends in several installments, or withdrawn in cash, redeemed from wealth management products, and even transferred to the enterprise accounts controlled by the other party. The parties involved only had scattered clues, neither knowing where the money went nor whether the court would be willing to help investigate. In practice, frequent searches include "checking the other party's bank statements in a divorce case", "what to do if the other party transfers assets", and "how to provide evidence of hidden assets in a divorce case".

II. Key points of contention

The controversy focuses on whether the transfer is a normal family expense, a business transaction, or a transfer of joint property; whether the party claiming the transfer should bear all the burden of proof; and whether the court can retrieve the transaction records, as well as the time and account scope for retrieval.

III. Professional analysis by Henglue Lawyers

The first layer is about qualitative analysis. Whether a transfer of funds constitutes a transfer as defined in Article 1092 of the Civil Code depends on the purpose of the funds, the communication between the parties, and their family spending habits. Transfers used for joint living or business activities are generally not considered transfers; however, if the funds are transferred to close third parties during a period of deteriorating marital relations, or if the amount significantly exceeds daily spending, the likelihood of a transfer is higher. The second layer concerns the allocation of the burden of proof. The party claiming that the other party transferred funds must provide initial evidence (clues, abnormal transaction records, chat logs admitted by the other party), after which the court may request additional evidence upon request, rather than relying solely on suspicion. Claims based solely on "he must have transferred the funds" are unlikely to be supported by the court. The third layer involves investigation and evidence collection. In litigation, the court may issue investigation and evidence collection letters to banks, Alipay, WeChat Pay, etc. to freeze and retrieve transaction records from specified accounts during specified periods. Beijing courts conduct meticulous reviews of property clues in divorce cases, but applicants must provide clear account information and reasonable timeframes. Overly broad requests are likely to be rejected. The fourth layer concerns protective measures and consequences. If funds are being withdrawn, applicants should immediately apply for pre-litigation or litigation property preservation, freezing accounts and seizing real estate and vehicles to avoid "finding the evidence but being unable to recover it". If a transfer is confirmed, the party involved may receive a smaller share or no share in the divorce settlement, and the applicant may file a separate lawsuit for further division after the divorce. Henglue Law Firm typically conducts a property investigation list first, then applies for evidence retrieval and preservation based on the list, tracing each clue to specific accounts and time points. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, sort out the known accounts and transfer clues as soon as possible and form a written list; Second, submit an application for investigation and evidence collection in the complaint or defense, specifying the accounts and periods; Third, apply for property preservation simultaneously; Fourth, preserve evidence such as chats and recordings showing that the other party admitted to transferring assets or making large-scale purchases. Legal basis: Articles 1092, 1066, and 1087 of the Civil Code of the People's Republic of China (effective January 1, 2021); and the relevant provisions on the division of hidden and transferred assets in the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code (Fa Shi [2020] No. 22). For matters involving property preservation and enforcement, please refer to the relevant provisions.Creditor's rights and debts, and enforcement casesFor transactions related to the business operations of enterprises, they can be combined withBusiness and contract disputes in enterprisesService.

5. Henglu Law Firm's Reminder

Three key points of financial investigation: First, identify clues before applying for evidence collection; account and time periods must be specific. Second, preserve evidence immediately when signs of asset transfer appear, rather than waiting until the court's judgment is finalized. Third, reducing or re-dividing assets relies on solid evidence rather than speculation. For comprehensive solutions regarding divorce property division, please refer to the following link:Divorce litigation and family disputesFor team-handled cases involving the investigation of difficult properties, please feel free to consult usSpecial servicesFor matters concerning inheritance and family property arrangements, you may refer to the following for reference.Inheritance of property and division of family assetsColumn.

VI. Frequently Asked Questions

Q1: When getting a divorce, can I check the other party's bank transaction records for the past few years?

There is no fixed time limit. Generally, the application is made when the relationship has clearly deteriorated to the point of litigation, and the court reviews it based on the necessity of the evidence. If the amount is unusually high and the evidence is sufficient, the court may extend the timeframe appropriately, but an overly broad scope may lead to the application being rejected. The key is to provide specific accounts and reasonable justifications.

Q2: What materials are required for applying for investigation and evidence collection?

Generally, it is necessary to submit a written application, stating the account name, the bank where the account is opened, the account number or card number, the period during which the information is to be retrieved, and the facts to be verified, together with the evidence of clues that are known. The parts that cannot be obtained by oneself shall be retrieved by the court, and the applicant shall not be allowed to inquire into others' accounts without authorization.

Q3: If I find out that the funds have been transferred, how much will he be penalized for it?

Article 1092 of the Civil Code does not set a fixed ratio. The court will determine a smaller or no share based on the amount of the transfer, the circumstances of the case, and the remaining property. Generally, the share will be adjusted according to the proportion of the transfer amount in the joint property. If the circumstances are serious, the person may be sentenced to a smaller or no share.

Q4: What should I do if I only discover the assets were transferred after the divorce?

You can file a separate lawsuit to request the division of the hidden and transferred joint property again. The statute of limitations for such a lawsuit is three years from the date of discovery. It is necessary to preserve the newly discovered evidence, such as bank statements and transfer receipts, and apply for preservation as soon as possible to prevent the assets from being transferred again.

Q5: How to prevent the other party from continuing to transfer money during the litigation process?

When filing a lawsuit, apply for property preservation simultaneously, freeze relevant accounts and real estate, and dispose of vehicles; if the situation is urgent, you can apply for it before the lawsuit, and the court will take measures within 30 days after the application. If you find any abnormal transfers, you should immediately inform the court in writing and supplement the application for preservation.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.