[Direct answer]In the Beijing area, the arbitration process consists of two steps: first, determining the nature of the property, and then determining the method of division. Article 1062 of the Civil Code of the People's Republic of China stipulates that wages, bonuses, labor remuneration, income from production and operation and investment, income from intellectual property, and property inherited or donated (except for those specified in a will or donation contract as belonging solely to one party) are all considered marital joint property; Article 1063 lists premarital property, compensation for personal injury, and specialized living supplies as personal property. Article 1087 stipulates that in the event of divorce, the joint property shall be dealt with by the parties through agreement. If no agreement can be reached, the court shall make a judgment based on the specific circumstances of the property, in accordance with the principles of protecting the rights and interests of children, women, and the innocent party. Therefore, in practice, first establish a list of joint property, and then claim an unequal division; note that Article 1092 stipulates that the party who hides, transfers, or sells joint property may receive a smaller share or no share at all.

I. Problem background and typical scenarios

When the case reaches the litigation stage, the parties are most concerned about how to divide the house, savings, and equity. Typical situations include: the property is registered under one party's name but the couple repaid the mortgage together after marriage; one party manages all the family's income, while the other party is unaware of the account situation; the other party transfers large sums of money to relatives before and after suing; and the company's equity is mixed with the family's assets. When the case is heard by the Beijing District Court, the court will require both parties to declare their assets and verify them through investigation and evidence collection. Concealing or failing to report assets often works against the party who conceals them.

II. Key points of contention

First, the boundaries between joint property and personal property, and how to define the post-marital income of pre-marital property. Second, the methods of dividing and calculating the value of different assets such as real estate, vehicles, and equity. Third, the applicable conditions and preferential treatment of the principle of protecting the innocent party. Fourth, the evidence and consequences of one party hiding or transferring assets. Fifth, the corresponding handling of joint debts and joint property. Sixth, whether unresolved property issues can be claimed separately upon divorce. These issues determine the path and outcome of the asset division.

III. Professional analysis by Henglue Lawyers

In a divorce dispute handled by Henglue Law Firm, Wang *sheng and Zhang *hua registered their marriage in 2006 and had a son. In 2025, Zhang *hua first sued for divorce but was not granted permission. Two months later, Wang *sheng discovered that Zhang *hua had been having an affair, so he entrusted Henglue Law Firm to sue again, putting forward six demands, including dissolving the marriage, letting the child live with him, dividing 70% of the joint property, sharing debts, and paying damages. The other party verbally agreed to divorce but attached harsh conditions, accusing the plaintiff of transferring property and fabricating debts. Henglue Law Firm focused on four aspects: using the judgment of not granting divorce and evidence of the affair to prove that the marriage had indeed broken down; combining the child's growth environment and the parties' ability to raise the child to argue that letting the child live with the plaintiff better meets the principle of the best interests of minors; strictly adhering to the principle of protecting the innocent party to demonstrate that the other party violated the marital duty of fidelity and was the direct cause of the marriage breakdown; and verifying the joint property and debts item by item. The court ultimately determined that the at-fault party had committed major faults, granted the divorce, and allowed the child to live with the plaintiff. According to the principle of protecting the innocent party, the court supported the plaintiff in dividing 70% of the joint property. Among them, the 35,000 yuan borrowed from the plaintiff's parents was identified as a joint debt, which was repaid by the plaintiff and the defendant shouldered half of it, amounting to 17,500 yuan. This case shows that an asymmetric division of property is not automatic and requires solid evidence and clear legal arguments to support it. 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: Firstly, conduct a comprehensive review of real estate, vehicles, deposits, financial management, equity, and insurance to create a property list and verify the registration information. Secondly, apply for a court investigation order or evidence collection to identify the accounts and transaction records under the other party's name. Thirdly, if any assets are transferred or sold, promptly apply for property preservation and claim a reduced or no share of the assets. Fourthly, for large-value assets such as real estate and equity, consider appraisal to determine the discounted value base. For cases involving divorce property division, reference can be made to the relevant provisions of the Marriage and Family Code of the People's Republic of China.Divorce litigation and family disputes; For matters involving equity and company assets, you can refer to the following for reference.Business and contract disputes in enterprisesLegal basis: Articles 1062, 1063, and 1087 of the Civil Code of the People's Republic of China (all effective from January 1, 2021), and Article 78 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (effective from January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial decisions.

5. Henglu Law Firm's Advice

First, it is necessary to distinguish between personal property and joint property before discussing the division ratio. Reversing the order may easily lead to misunderstandings. Second, the real estate registration is not the only basis. The facts of investment and repayment of loans are equally crucial. Third, the risk of transferring property is very high. Once verified, the transferred property may be divided less or not divided at all. Fourth, the property that has not been dealt with during the divorce can be sued separately and does not need to be resolved all at once. For matters involving divorce-related property and debts, it can be resolved through legal means.Divorce litigation and family disputesWe provide a comprehensive solution for services, which involves the integration of creditor-debtor relationships and enforcement measures.Creditor's rights and debts, and enforcementFor reference, please refer to the section on equity and corporate assetsBusiness and contract disputes in enterprisesColumn.

VI. Frequently Asked Questions

Q1: What property is considered marital joint property during a divorce?

According to Article 1062 of the Civil Code, the wages, bonuses, labor remuneration, production and operation and investment income, intellectual property income, and property inherited or donated (except for those specified in the will or donation contract as belonging solely to one party) obtained during the continuance of the marriage relationship shall all be considered joint property. Prenuptial property, compensation obtained for personal injury, and specialized living supplies, etc. shall be considered personal property according to Article 1063 and shall not be subject to division.

Q2: What proportion will the court use to divide the jointly owned property?

In principle, the assets are divided equally, but according to Article 1087 of the Civil Code, the court will make a judgment based on the principles of protecting the rights and interests of the children, the wife, and the innocent party. Therefore, the proportion may be tilted in favor of one of the above-mentioned parties. There is no fixed standard for the degree of tilt, which depends on the evidence of fault, the arrangement of child-rearing, and the structure of the property. If one party engages in acts such as hiding or transferring joint property, they may be awarded a smaller share or no share at all, in accordance with Article 1092 of the Civil Code.

Q3: If the other party hides and transfers their property, what should I do?

It is necessary to secure evidence as soon as possible, including records of large-sum transfers, the flow of funds, and certificates of property disposal, and to apply for property preservation in a timely manner to prevent further transfers. During the litigation, the party may be required to truthfully declare their assets, and if necessary, the court may apply for investigation and evidence collection. If the facts are verified, the court may award a smaller share or no share to the party who concealed or transferred the assets, and in serious cases, the party may also face corresponding legal responsibilities.

Q4: If the property is registered under one party's name, how will it be divided in a divorce?

If the property is purchased with joint marital assets after marriage, it is generally still considered joint marital property, and the party may claim a division or compensation in the form of a cash payment. If the property was purchased by one party before marriage and the couple jointly repaid the loan after marriage, according to Article 78 of the Interpretation of the Marriage and Family Code, the house may be awarded to the party whose name is on the registration, and the outstanding loan shall be regarded as his/her personal debt. The jointly repaid loan and the corresponding appreciation shall be compensated by him/her to the other party.

Q5: Can the assets that were overlooked during the divorce still be claimed back?

Yes. If the joint property is not dealt with during the divorce, the parties may file a separate lawsuit to request its division after the divorce. If one party conceals, transfers, or sells the joint property, the other party may request a re-division and claim a smaller share or no share at all. It is recommended to sort out the property clues and preserve the evidence as soon as possible, and pay attention to the statute of limitations for relevant claims to avoid delaying the exercise of rights.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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, in order to avoid missing the statutory time limits. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglue 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. In case of disputes, please consult a practicing lawyer in time.