[Direct answer]It can be checked. 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 debts in an attempt to seize the other party's property, the court may reduce or deny the share of the joint property to such party when dividing the joint property. The Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024) grants parties the right to apply for investigation and evidence collection and property preservation. Lawyers can apply to the court for an investigation order to retrieve the other party's bank account transactions, securities and wealth management accounts, real estate and vehicle registration information, and industrial and taxation information. The key to identifying hidden deposits lies in clues and channels: first, sort out suspicious transfers, large cash withdrawals, and related accounts; then use the investigation order to supplement the subject and details; and simultaneously apply for preservation to prevent further loss of property.

I. Problem background and typical scenarios

Often, family finances are managed by one party, and the other party only discovers that there are hardly any savings in the other's account or that the funds have been dispersed and transferred out when they divorce. Typical scenarios include: monthly fixed transfers of salary card funds to a relative's account; large cash withdrawals without any explanation of their purpose; opening accounts in others' names to store funds; transferring assets through the purchase of wealth management products, insurance, or virtual currencies; and transferring funds to relatives under the guise of loans. The parties often only know that there is money, but cannot find out where it is or where it has gone. At this point, it is necessary to use legal means and professional channels to investigate and clarify the situation.

II. Key points of dispute

First, how to obtain the other party's account information and whether it can be directly queried. Second, the application conditions and search scope of the investigation order. Third, the timing, scope, and guarantee requirements of property preservation. Fourth, the analysis and judgment of fund flows, identifying which are reasonable expenses and which constitute concealed transfers. Fifth, the identification of related accounts and assets under the names of third parties. Sixth, the legal consequences after identification, whether the assets can be distributed in a reduced or non-distributed manner, or whether they can be redistributed again.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once handled a foreign-related divorce and property division case: Ms. Zhang and Mr. Liu registered their marriage in 1991. Both of them were foreign nationals and had lived in Beijing for a long time. Their marriage broke down due to Mr. Liu's infidelity. Since they could not go through the divorce registration process through the civil affairs department due to their foreign nationality, the couple reached an agreement on the dissolution of their marriage and the division of their property after consulting with our lawyers, and then entrusted our lawyers to handle the case through litigation. Our lawyers conducted a comprehensive review of the property owned by both parties, including real estate, deposits, financial products, insurance, and pension memberships, confirmed the court's jurisdiction and prepared all the materials, and proposed a division plan where the property owned by each party would belong to them individually. Finally, the couple signed an agreement and dissolved their marriage through court mediation. The key to this case lies in the completeness of the property review: only by first identifying and listing all the deposits, financial products, and domestic and overseas assets can a fair and enforceable solution be formed. Regarding the response to the concealment and transfer of deposits, the approach is also to first fix the clues and then verify them through investigation orders and preservation measures. Specifically, the steps are as follows: first, sort out the known accounts and suspicious transfers to form a clue list; second, apply for property preservation simultaneously when suing to freeze the main accounts; third, apply for an investigation order to retrieve the transaction records and analyze the destination of the funds and the corresponding counter-performance; fourth, claim rights to the property held in others' names based on the fund chain. 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: First, save the known account numbers, card numbers, and transfer clues in advance; Second, apply for property preservation simultaneously when suing to prevent funds from continuing to flow out; Third, apply for an investigation order through a lawyer to retrieve bank transaction records and account details; Fourth, make a comparison table of time and amount for suspicious transactions to facilitate explaining the abnormalities; Fifth, if fraudulent debts are found, focus on verifying the loan agreement and the flow of funds. Legal basis: Articles 1092, 1066, and 1087 of the Civil Code of the People's Republic of China (all effective from January 1, 2021), and the provisions on preservation and investigation and evidence collection in the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and effective from January 1, 2024). For matters involving divorce property and investigation, reference can be made to the relevant provisions.Divorce litigation and family disputesFor matters involving creditor's rights and enforcement, you may refer to the following for reference.Creditor's rights and debts, and enforcement; For those involving financial assets, you can refer to the following for more information.\nFinancial capital and cross-border transactions involving foreign entities.The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, locating the assets does not mean recovering them. Preservation and evidence collection should proceed simultaneously. Secondly, analyzing transaction records requires patience, as abnormalities often hide in frequent small-amount transfers and associated accounts. Thirdly, assets under the name of third parties are not necessarily unclaimable. When the funding chain is clear, rights can be asserted. Fourthly, if the other party conceals or transfers assets, the claimant can assert that they should receive a smaller share or no share during the asset division. Fifthly, if assets are discovered after divorce, a lawsuit can still be filed, but attention should be paid to the statute of limitations. For matters involving divorce property investigation and preservation, the claimant can seek legal assistance through the following channels:Divorce litigation and family disputesWe provide a comprehensive solution for services, which includes both execution and claim recovery, which can be integrated with each otherCreditor's rights and debts, and enforcementFor reference, it involves the company's accounts and operating fundsBusiness and contract disputes in enterprises.

VI. Frequently Asked Questions

Q1: Can I directly go to the bank to check the other party's account?

Generally, this is not possible. Banks are obligated to maintain confidentiality, and unless it is requested by the account holder or an authorized authority in accordance with the law, others cannot directly access the information. In divorce litigation, lawyers can apply to the court for an investigation order, and then use the order to obtain account statements and details from the bank. Alternatively, the court can conduct an investigation on its own initiative, but specific account clues must be provided to improve efficiency.

Q2: What clues should I prepare to search for hidden deposits?

First, sort out the known bank card numbers, the opening banks, the salary payment accounts, the wealth management and securities accounts, the frequently used transfer targets, and the times of large cash withdrawals. The more specific the clues are, the more targeted the investigation order will be. You can also provide the other party's work unit, business entity, and associated person information, which will help to identify accounts held in others' names.

Q3: How much does it cost to investigate and preserve evidence?

The expenses mainly include attorney fees, property preservation guarantee fees, and possible notarization or appraisal fees. The property preservation guarantee can reduce expenses through insurance. It is recommended to first assess the scale of the assets being investigated and the necessity of preservation, and then determine the investment. The specific amounts shall be subject to the provisions of the entrustment contract and the agency's fee standards.

Q4: After detecting the transferred funds, how much can be recovered?

It depends on whether the transfer behavior can be identified as malicious and whether the evidence is sufficient. If it is identified as concealment or transfer, the court may allocate a smaller share or no share to the party in question during the division of marital property; if it is discovered after the divorce, the party may file a separate lawsuit for a second division. The specific amount of repayment or compensation will be determined by the court based on the actual circumstances, and it cannot be predetermined in advance.

Q5: Can the funds still be traced if they are transferred to a relative's name?

You can try. If there are abnormal fund transfers between the relative's account and the other party, or no reasonable consideration, you can argue that the disposition is not effective against you or request the return of the corresponding share based on the fund chain. The key to providing evidence lies in the authenticity of the transaction and the reasonableness of the consideration. You need to retrieve evidence of the transfer, the contract, and the purpose of the transaction to form a complete chain of evidence.

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 to avoid missing the statutory time limits. →Divorce litigation legal services·Beijing Henglue 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.