[Direct answer]Yes, but it is limited to specific circumstances. Article 1092 of the Civil Code of the People's Republic of China stipulates that if one party conceals, transfers, sells, damages, or squanders the couple's joint property, or forges joint debts of the couple in an attempt to appropriate the other party's property, the court may award a smaller share or no share to that party when dividing the joint property in a divorce; if the other party discovers the above-mentioned acts after the divorce, he/she may file a lawsuit with the people's court to request the division of the couple's joint property again. In addition, the joint property that was omitted during the divorce may be sued for division separately; if the party regrets the property division agreement due to fraud or coercion, he/she may request to modify or revoke it within one year after the divorce by agreement. The statute of limitations for requesting a second division of property is generally three years, starting from the day after the discovery. Therefore, the key lies in whether the party can provide evidence of concealment, transfer, or omission of division.

I. Problem Background and Typical Scenarios

Many people only learn after divorce, from bank statements, property information, or from relatives and friends, that their spouse disposed of assets during the marriage or shortly before or after the divorce: some transferred savings to relatives' accounts, others transferred property at a low price, and some deliberately concealed equity and financial assets during mediation. There are also people who, in their eagerness to end the divorce, signed agreements that clearly disadvantaged them, only to regret it later. The parties often believe that "since the divorce is over, there's no way to reverse the situation". In fact, the law provides relief channels for certain circumstances, but the difficulty of proof and time restrictions cannot be ignored.

II. Key points of contention

First, what circumstances support a re-division, and what are merely cases of "unsatisfactory division". Second, the burden of proof and standard of proof for concealment and transfer. Third, how to define the scope of omitted property, and whether it includes property not mentioned in the mediation. Fourth, under what conditions can a divorce agreement be revoked or modified, and how is the one-year time limit calculated. Fifth, the starting point of the statute of limitations for a request for re-division. Sixth, whether it is possible to claim rights to property that has been transferred to a third party, and how to determine good faith acquisition.

III. Professional analysis by Henglue Lawyers

In a divorce-related property dispute handled by Henglue Lawyers, Ms. Li and Mr. Wu Zhigang agreed to divorce on June 15, 2023, stipulating that the property, vehicles, enterprise annuities, securities accounts, etc. would belong to Ms. Li. However, just three days before the transfer of ownership, Mr. Wu Zhigang unexpectedly passed away. His parents did not recognize the divorce agreement, insisting on handling the inheritance according to legal provisions, and claiming that Mr. Wu Zhigang's capacity for civil conduct was questionable during his illness. Henglue Lawyers' legal strategy was as follows: First, they demonstrated that the property involved in the divorce agreement was all marital joint property, and both parties had the right to dispose of it. The agreement did not violate any legal prohibitions. Second, they pointed out that the defendant failed to provide evidence to prove that Mr. Wu Zhigang lacked capacity for civil conduct at the time of signing the agreement, and despite the court's explanation, the defendant still refused to apply for a capacity assessment, thus bearing the adverse consequences. Third, they explained that Mr. Wu Zhigang's previous will was consistent with the intent of the divorce agreement, but he later redivided the same property through the divorce agreement, which should be implemented according to the agreement. The court adopted the above arguments, ruling that the divorce agreement was legally valid and binding on both parties, and awarding ownership of the house, vehicles, enterprise annuities (valued at 144,168.86 yuan), securities account balance (valued at 8,816.91 yuan), and held stocks to Ms. Li. This case highlights that once a divorce agreement is established, it should be fully implemented. For property that has been agreed upon but not yet transferred, it is still necessary to promptly assert and implement the transfer. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: Firstly, after the divorce, check the bank statements, real estate registration, and industrial and commercial information to verify whether there are undisclosed assets; Secondly, collect transaction receipts and fund flows for large-sum transfers and low-price transfers at suspicious times; Thirdly, pay attention to the statute of limitations, which is generally within three years from the day after the discovery; Fourthly, when claiming that the other party should receive a smaller share or no share at all, the concealment behavior should be correlated with specific assets. For disputes over post-divorce assets, you can refer to the following for reference:Divorce litigation and family disputes; For reference, it involves the execution of debt recovery and creditor's rights claims.Creditor's rights and debts, and enforcementLegal basis: Articles 1087, 1092, 152, and 188 of the Civil Code of the People's Republic of China (all effective from January 1, 2021), and Article 70 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 and regulations and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the prerequisite for re-dividing property are "there being divisible property or the existence of illegal acts", rather than simply feeling that the division is unfair. Secondly, the burden of proof for concealment of property lies with the plaintiff, and bank statements and transfer records are the most direct evidence. Thirdly, there are strict conditions and a one-year time limit for revoking a divorce agreement, and it cannot be arbitrarily overturned. Fourthly, if clues are discovered, action should be taken as soon as possible to avoid the property being disposed of again, leading to the failure of enforcement. For disputes over property after divorce, it can be resolved through legal means.Divorce litigation and family disputesThe service provides a comprehensive solution, which integrates property preservation and enforcement.Creditor's rights and debts, and enforcementFor reference, you can check the sections related to inheritance and property rights confirmationInheritance of property and division of family assetsColumn.

VI. Frequently Asked Questions

Q1: After the divorce, if I discover that the other party concealed their savings, can we redistribute the assets again?

Yes. According to Article 1092 of the Civil Code, if one party discovers that the other party has hidden, transferred, or sold the couple's joint property after divorce, they may file a lawsuit with the court to request a second division of the property and claim a smaller share or no share for the party who concealed the property. The key is to provide evidence of the ownership of the deposits and the act of concealment, such as bank statements, transfer records, and account opening materials, and to file a claim within three years from the day after the discovery.

Q2: What should be done with the property that was not mentioned in the agreement during the divorce?

The jointly owned property of a couple who have separated but not divorced can be sued for division separately, and is not absolutely restricted by general statements such as "the property has been fully divided" in the divorce agreement. However, it is necessary to prove that the property is indeed jointly owned by the couple and was not dealt with at the time of divorce. It is recommended to first obtain the ownership registration and investment certificates, clarify the acquisition time and funding sources, and then claim the division of the property.

Q3: I think the divorce agreement is too unfair. Can I change my mind about it?

Generally, this is not allowed, unless there are statutory circumstances such as fraud or coercion. According to the relevant judicial interpretations, if a party repents and requests to modify or revoke the property division agreement after a consensual divorce, the request must be submitted within one year after the consensual divorce, and the party must provide evidence of fraud or coercion. It is usually difficult to obtain support solely on the grounds of "not understanding the law at the time" or "feeling cheated afterwards".

Q4: What should I do if the other party sells the house to a relative at a low price?

It can be argued that the act of disposal constitutes a transfer of jointly owned property, and the party may request that the other party receive a smaller share or no share at all, and, if necessary, request that the relevant transaction be declared invalid or seek compensation. Whether the funds can be recovered depends on whether the transferee constitutes a bona fide purchaser, which requires considering whether the transaction price is significantly low, the relationship between the parties, and the payment receipts. It is recommended to apply for preservation as soon as possible to prevent the house from being transferred again.

Q5: Is there a time limit for re-dividing property?

Yes. The statute of limitations for litigation to request the division of marital joint property is generally three years, calculated from the day after the party discovers it; for requests to revoke a divorce agreement, they should be raised within one year after the divorce agreement is signed. If the claim is made after the statute of limitations, it may be difficult to obtain support due to the statute of limitations defense, so it is advisable to consult a lawyer and prepare evidence as soon as possible after discovering clues.

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

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·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.