[Direct answer]In the Beijing area, whether it constitutes concealment or transfer depends on whether there are legitimate reasons and actual purposes for the transfer of funds. According to Article 1092 of the Civil Code of the People's Republic of China, if a spouse conceals, transfers, sells, damages, or squanders the couple's joint property, or falsifies the couple's joint debts in an attempt to seize the other spouse's property, the court may award the other spouse a smaller share or no share of the joint property during the divorce settlement. If the other spouse discovers this after the divorce, they may request a re-division of the property. If the funds are transferred to a relative's or friend's account, held by a relative or friend, and then transferred out again, without reasonable reasons such as borrowing, repayment, or payment on behalf of others, it will generally be deemed as a transfer of property. The party claiming that the other party transferred the funds should provide evidence such as account transaction records, transfer time, amount, and the relationship between them. If necessary, they may apply to the court for investigation and evidence collection or property preservation.

I. Problem Background and Typical Scenarios

In divorce disputes, one party secretly transferring large sums of money to the accounts of their parents, siblings, or friends after the breakdown of their marriage is a relatively common way of disposing of assets. The other party often only discovers irregularities in the accounts during the divorce litigation or even after the divorce, but it's difficult to trace the whereabouts of the funds. There are three typical scenarios: first, transferring large sums of money to relatives' accounts in a short period of time before and after filing a lawsuit; second, transferring funds under the guise of loans or repayments, but without loan notes or repayment receipts; third, using relatives' and friends' accounts to collect business funds and sever the connection with the couple's joint property. When handling such disputes, Beijing-based courts typically make a comprehensive judgment based on the transfer time, amount, the parties' relationship, and the reasonableness of the purpose of the transfer.

II. Key points of contention

First, whether the transfer of funds is a normal economic transaction or a transfer of joint property. Second, how the burden of proof is allocated, and the standard of proof required by the party claiming the transfer. Third, whether the funds in the accounts of relatives and friends can be traced and recovered, and whether it is possible to add a third party or file a separate lawsuit. Fourth, the relevance of the timing of the transfer to the divorce litigation, and whether the funds transferred before and after the litigation should be treated differently. Fifth, how to determine the specific proportion of reduced or non-divided assets. These disputes focus on two dimensions: "subjective intent" and "objective flow", and the court often infers the nature of the act through the financial chain and common sense of life.

III. Professional analysis by Henglue Lawyers

Based on the practical experience of Henglue Law Firm in handling divorce property cases, the following four aspects should be taken into account. Firstly, regarding the identification standard: if there is no legitimate reason for the transfer of funds, and the transfer occurs before or after the breakdown of the marriage or the litigation, and the amount is obviously beyond the needs of daily life, the court may determine that there is an act of transferring or concealing joint property. Secondly, distinguishing between transfer and normal transactions: paying reasonable expenses for supporting parents, repaying genuine debts, and engaging in normal commercial transactions are generally not regarded as transfers; conversely, frequent transfers of large sums of money to specific relatives within a short period of time without reasonable explanations are more likely to be identified as transfers. Thirdly, regarding the pursuit and remedies: if the transferee knows that the funds are joint property and holds them on behalf of others, the right holder may request the return of the corresponding shares and, if necessary, file a lawsuit in a separate case; if the transfer is discovered after the divorce, the right holder may request a second division of property in accordance with Article 1092 of the Civil Code. Fourthly, regarding evidence collection and preservation: the right holder may obtain bank transaction records by applying for an investigation order or court investigation and evidence collection, and may apply for property preservation in the litigation to prevent the funds from further outflow. 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 suggestions: First, sort out the family's bank accounts and payment tool transaction records as soon as possible, and identify the time and amount of abnormal transfers; Second, provide a reasonable explanation for the other party's transfer request. If no explanation is provided, you can claim the transfer of joint property; Third, apply to the court for investigation and evidence collection or an investigation order to clarify the flow of funds in relatives and friends' accounts; Fourth, apply for property preservation when necessary. For matters involving debts and enforcement, you can refer to the relevant provisions.Creditor's rights and debts, and enforcementFor cases involving the confusion of companies and accounts, you can refer to the following document for guidance:Business and contract disputes in enterprisesFor cases involving family disputes as a whole, you can refer to the following materials for reference.Divorce litigation and family disputesLegal basis: Articles 1092, 1062, and 1066 of the Civil Code of the People's Republic of China (all effective from January 1, 2021), and the relevant provisions 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 rulings.

5. Henglu Law Firm's Reminder

Firstly, the dividing line between transferring property and normal transactions is whether there are legitimate reasons and actual purposes. Secondly, relatives' accounts are not safe havens, and jointly held property may be subject to legal action. Thirdly, obtaining evidence often relies on court investigations. Right holders should actively apply for investigations and evidence collection and take proper preservation measures. Fourthly, if a transfer of property is discovered after divorce, it is necessary to request a re-division within the statutory time limit to avoid losing rights. For cases involving inheritance of property, it is advisable to seek professional advice.Inheritance of property and division of family assetsTeam. For more information, please visitThe official website of Beijing Henglue Law FirmI understand.

VI. Frequently Asked Questions

Q1: If the other party transfers the money to their parents, does that count as a transfer of property?

It depends on whether there are legitimate reasons. Reasonable expenses paid to support parents are generally not considered; however, if large sums of money are transferred to parents shortly before or after a lawsuit, without any supporting evidence of borrowing or providing support, the court may determine that this constitutes a transfer of joint property. The party making the claim needs to submit the transfer records and explain the reasons why the amount significantly exceeds daily needs.

Q2: How to check the money that the other party transferred to their relatives and friends?

The parties concerned may first independently fix the known account transactions. For accounts that cannot be obtained, they may apply to the court for investigation and evidence collection or apply for an investigation order to inquire into the transaction details of banks and payment platforms. If the funds have flowed into the accounts of third parties, they may also add or claim for their return in another case in accordance with the litigation request, and apply for property preservation when necessary.

Q3: If I discover that the other party has transferred property, can I ask them to receive a smaller share in the divorce settlement?

Yes. According to Article 1092 of the Civil Code, if a party hides, transfers, sells, damages, or squanders the joint property or forges joint debts, the court may award a smaller share or no share to that party during the divorce settlement. The court will determine the proportion based on the amount of the transfer, the party's subjective fault, and the degree of verification. There is no fixed standard for the specific range of the proportion.

Q4: What should I do if I discover that my ex-spouse has transferred assets after our divorce?

You can request a second division of the marital property. According to Article 1092 of the Civil Code, if the other party discovers the aforementioned acts after the divorce, they may file a lawsuit with the people's court and request a second division of the marital joint property. It should be noted that the claim must be raised within the statutory period from the date of discovery, and the evidence of the transfer time, amount, and fund flow should be properly preserved.

Q5: What evidence is required to claim the transfer of property?

The core evidence includes bank and payment platform transaction records, transfer times and amounts, the identity relationship between the payee and the borrower, as well as promissory notes, contracts, or chat records that can explain the purpose of the funds. If it is impossible to obtain the evidence on one's own, an application should be made to the court for investigation and evidence collection. Whether the evidence can form a complete closed loop directly determines whether the claim for a reduced or non-divided share of the funds can be supported.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →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 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.