[Direct answer]In the Beijing area, lawyers cannot conduct inquiries on their own, but they can apply to the people's court for investigation through litigation procedures in accordance with the law. Bank deposits belong to personal privacy and financial information, and are protected by law. Lawyers have no right to directly inquire about others' account information from banks. In cases of divorce, inheritance, or property division, parties can provide clues such as the other party's bank account, account number, and account name, and entrust lawyers to submit applications for investigation and evidence collection to the court. The people's court will then retrieve account transaction records, deposit balances, and other information from the bank. Parties can also apply for litigation preservation in accordance with the law to freeze the corresponding accounts and prevent the transfer of funds. According to the provisions of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), parties and their litigation agents may apply to the people's court for investigation and collection of evidence that they cannot collect on their own due to objective reasons. Therefore, the role of lawyers is to provide clues, design investigation plans, and promote the court to collect evidence in accordance with the law, rather than bypassing legal procedures to conduct inquiries directly. Inquiries and the use of information should be based on legitimate purposes and not be used to harass or infringe upon others' legitimate rights and interests.

I. Problem background and typical scenarios

In divorce and property division cases, one party often holds the main information about the family's assets, while the other party has limited knowledge of the deposits, financial management, and account situations. Typical scenarios include: one party knowing nothing about the spouse's bank accounts and balances; suspecting that the other party transferred large sums of money before the divorce but lacking evidence; knowing the other party's bank but not the specific account number; wanting to check the other party's financial products, securities accounts, and insurance policies; and worrying that the other party might continue transferring funds during the litigation process. Beijing area courts have relatively standard procedures for property investigation and evidence collection. Many parties mistakenly believe that "hiring a lawyer can help them access the other party's accounts", but in reality, except for institutions specifically authorized by law, no individuals or organizations have the right to arbitrarily inquire into others' financial information. The correct approach is to submit an application for investigation and evidence collection to the court, or to conduct inquiries and freezes through property preservation and enforcement procedures, while providing as much specific account clues as possible to improve the efficiency of the investigation.

II. Key points of contention

First, do lawyers have the authority to directly query others' bank accounts? Second, what are the conditions and required clues for applying to the court for investigation and evidence collection? Third, what is the relationship between property preservation and investigation and evidence collection, and the order of their implementation? Fourth, can the scope of investigation cover assets such as wealth management, securities, and insurance? Fifth, can evidence obtained by illegal means be used? Sixth, what are the legal consequences of concealing and transferring property after it is discovered? These issues determine whether the property can be identified and divided.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers suggest proceeding in three steps: "find clues, apply for investigation, and implement preservation". 1. **Find clues**: Gather as much information as possible about the other party's bank account, account number, frequently used accounts, salary payment bank, wealth management platforms, and insurance policies. Evidence such as bank card copies, transfer records, SMS notifications, household bills, and traces of cohabitation may also serve as clues. 2. **Apply for investigation**: Submit an application for evidence collection to the court, specifying the items, targets, and reasons for the investigation. The court will legally request account statements, balances, and transaction details from banks or other institutions. For cases involving wealth management, securities, or insurance, additional investigation requests can be made simultaneously. 3. **Implement preservation**: If evidence of funds transfer is detected, promptly apply for property preservation to freeze the corresponding accounts to avoid "finding evidence but being unable to recover it". 4. **Legal boundaries**: Evidence obtained through illegal means such as purchasing information privately, conducting inquiries under false identities, or hacking into accounts may not be admissible and may subject the perpetrators to legal liability. Evidence must be obtained through legally prescribed procedures. 5. **Legal consequences**: According to the **Civil Code of the People's Republic of China** (effective January 1, 2021), if a party conceals, transfers, sells, damages, or squanders marital assets during the divorce process, or falsifies debts to attempt to seize the other party's property, the court may award the other party a smaller share or no share of the marital assets during division. If such acts are discovered after the divorce, the other party may initiate litigation to request a redivision. Therefore, identifying assets not only affects the division basis but also the division ratio. In practice, Henglue Lawyers typically start by organizing available clues and applying for investigation, while assessing the necessity of preservation measures to form a coherent "investigation-preservation-division" plan for property division cases.

IV. Practical suggestions and legal basis

Action suggestions: First, provide as much specific information about the accounts and institutions as possible to enhance the efficiency of the investigation; Second, apply to the court for investigation and evidence collection to avoid taking illegal measures on your own; Third, apply for property preservation in time when discovering signs of transfer; Fourth, claim a smaller share or no share for the party who hides or transfers the property according to the law. For related services, please refer to the following link:Special servicesAndDivorce litigation and family disputesColumn. Legal basis: The provisions on parties applying to the people's court for investigation and collection of evidence and property preservation in the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), and Article 1092 of the Civil Code of the People's Republic of China (implemented on January 1, 2021) on the consequences of hiding and transferring jointly owned property during divorce. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, lawyers are not entitled to inquire into others' bank accounts on their own. They need to obtain evidence through court investigation. Secondly, providing specific clues to the account can significantly improve the efficiency of the investigation. Thirdly, investigation and preservation should be considered simultaneously to avoid the funds being transferred. Fourthly, those who hide or transfer joint property may be sentenced to receive a smaller share or no share at all. If you want to learn about the investigation and evidence-gathering and preservation schemes in property division, you can contact us throughSpecial servicesAndDivorce litigation and family disputesFor column consultation, please contact us.Beijing Henglue Law Firm.

VI. Frequently Asked Questions

Q1: Can lawyers directly check the other party's bank deposits?

No. Bank deposits belong to personal privacy and financial information, and lawyers have no right to directly inquire about others' accounts from banks. The usual practice is to apply to the court for investigation and evidence collection, and have the court retrieve the information according to law; or to apply for property preservation to freeze the account. Any unauthorized inquiry into others' accounts may be illegal.

Q2: How to apply for a court investigation?

Submit a written request for evidence collection to the court in the lawsuit, stating the matters needing investigation, the target institutions and the reasons, and provide as much information as possible, such as the account-opening bank, account number, and account name. If the court deems it necessary and the parties are unable to collect the evidence themselves due to objective reasons, the court will investigate according to the law.

Q3: I wonder if it's possible to check the other party's account information?

You can provide other clues to assist the investigation, such as the bank where the account was opened, the unit where the salary was paid, commonly used payment platforms, and transfer records. The more specific the clues are, the more targeted the investigation will be. If you have no information at all, you can work with a lawyer to find clues through traces of daily life, tax and social security records, and other means.

Q4: What should I do if I find out that someone has transferred their property?

The corresponding legal consequences may be claimed. If one party hides, transfers, sells, damages, or squanders the couple's joint property or forges debts during the divorce, the party may be awarded a smaller share or no share during the division of the property; if such acts are discovered after the divorce, the party may file a separate lawsuit to request a re-division of the property. At the same time, the party should apply for preservation as soon as possible to prevent the further transfer of the property.

Q5: Is it illegal to secretly check the other party's account?

This might be illegal. Obtaining others' financial information through illegal means such as purchasing information, making inquiries under false identities, and hacking into accounts not only may result in the evidence being inadmissible, but also may subject the perpetrators to civil and even criminal liability. Evidence should be obtained through legal channels such as court investigations and evidence collection, and property preservation.

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, so as to avoid missing the statutory time limit. →Specialised services - Legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.