[Direct answer]In the Beijing area, progress can be made through two approaches: self-evidence collection and applying for court investigation. The Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024) stipulates that if the parties and their litigation agents are unable to collect evidence on their own due to objective reasons, they may apply to the people's court for investigation and collection. In practice, they can apply for investigation orders to inquire from banks, securities companies, real estate registration offices, vehicle management offices, social security agencies, and provident fund institutions. If they discover assets that have been concealed or transferred, they should promptly apply for pre-litigation or in-litigation property preservation to prevent further loss.

I. Problem Background and Typical Scenarios

Before and after divorce, one party may transfer deposits to relatives' accounts, purchase houses and cars under others' names, and divert company dividends outside the official channels. The other party often only knows the general income of the family, but cannot clarify the specific whereabouts of the assets. Common forms include: setting up accounts outside the salary card, using parents' or colleagues' accounts to hold funds, transferring equity to others' names, withdrawing large amounts of cash in advance or using insurance policies and financial products to evade division. When handling such cases in Beijing, the court usually requires the claimant to provide preliminary clues first, and then decides whether to initiate an investigation. It should be noted that such disputes often involve both factual determination and procedural requirements. The relevant materials are often scattered among both parties. Moreover, due to the short time limit and high professionalism, the earlier the evidence is systematically organized, the clearer the time points and legal basis are, the more choices there will be in subsequent negotiations or litigation, and the more likely it is to avoid losing favorable positions due to procedural errors. In the specific analysis, it is recommended to take the timeline as the main line, and match the contracts, vouchers, transaction records and relevant legal basis one by one, forming a clear processing framework, which is conducive to judging the order and feasibility of various claims.

II. Key points of contention

First, which assets fall within the scope of divisible joint property. Second, whether the claimant can provide preliminary clues to meet the threshold for initiating an investigation. Third, the differences in the scope of application between investigation orders and court-initiated investigations. Fourth, how to determine the actual ownership in cases of nominee ownership and registered ownership under another's name. Fifth, whether the transferred assets can be recovered and whether it is possible to claim that the other party should receive a smaller share or no share at all. These disputes directly determine the direction of evidence collection and litigation strategies. Sixth, whether the subject claiming rights is qualified and whether necessary counterparties and jointly liable parties have been omitted. Seventh, the integrity of evidence and the allocation of the burden of proof will directly affect the outcome. Eighth, whether relevant deadlines and procedural requirements have been complied with, and whether claims can still be made after the deadline. Ninth, how to determine and prove the scope of losses, causality, and the degree of the parties' own fault, all of which require verification on a case-by-case basis using specific materials. In addition, attention should also be paid to whether the form of evidence is legal, whether key facts can be corroborated by each other, and the differences in cost, time, and feasibility of different handling options. On this basis, the priority path to be pursued should be determined.

III. Professional analysis by Henglue Lawyers

The practical approach of Henglue Lawyers is to first conduct a financial profile of the client's assets and then collect targeted evidence. In the early stage, we estimate the potential scale of assets based on factors such as family expenditure, income level, consumption habits, and the nature of the client's employment. Subsequently, we identify key accounts and registration information, and apply to the court for an investigation order to review transaction records, wealth management accounts, securities holdings, and real estate and vehicle registrations. For suspected asset-holding arrangements, we conduct in-depth investigations by examining the source of funds, repayment records, and actual usage patterns. Property preservation and investigations are typically conducted simultaneously to prevent assets from being further transferred during the investigation period. It should be noted that evidence collection must be conducted through legal channels. Unauthorized access to others' account information may constitute a violation of the law and could harm the client's own litigation position. Once evidence is obtained, it should be promptly preserved and compared with the opposing party's statements during the trial.

IV. Practical suggestions and legal basis

Action list: First, sort out the known property clues and make a list, indicating the sources and the basis of the speculation; Second, apply for pre-litigation or litigation property preservation in time; Third, apply to the court for an investigation order to inquire into information such as banks, securities, real estate, vehicles, social security and provident funds; Fourth, collect evidence of the source of funds and loan repayment for the property suspected of being borrowed and held on behalf of others; Fifth, keep the time points of the other party's large-scale cash withdrawals and abnormal transfers. For the investigation and division of marital property, you can refer to the relevant provisions of the Marriage and Family Code of the People's Republic of China.Divorce litigation and family disputes; For matters related to enforcement and recovery of debts, you can refer to the following documents for reference.Creditor's rights and debts, and enforcementLegal basis: Articles 1092 and 1087 of the Civil Code of the People's Republic of China (both effective from January 1, 2021), the provisions on evidence investigation and preservation in the Civil Procedure Law of the People's Republic of China (amended in 2023 and effective from January 1, 2024), and the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings (amended in 2019 and effective from May 1, 2020). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the investigation must be legal. Unauthorized inquiry into others' financial information carries legal risks. Secondly, property preservation and investigation should proceed simultaneously to prevent assets from being transferred during the investigation. Thirdly, for properties held on behalf of others or registered under false names, their ownership must be verified through tracing the funding chain and actual usage. Fourthly, those who hide or transfer assets may be ordered to receive a smaller share or no share at all. For cases involving the sorting and preservation of property clues, relevant evidence can be obtained through legal means such as applying for a court order to freeze the assets in question.Divorce litigation and family disputesFor service promotion, the issues involving the company's equity and fund transactions can be addressed togetherBusiness and contract disputes in enterprisesFor plates involving cross-border assets, you can refer to the following for reference\nFinancial capital and cross-border transactions involving foreign entitiesColumn.

VI. Frequently Asked Questions

Q1: I suspect that the other party is hiding their assets. Can we find them?

It's possible, but you need to provide initial clues first. Generally, courts won't initiate a full-scale investigation solely based on suspicion. If you can demonstrate that the income level and family assets are significantly inconsistent, or there are large cash withdrawals or abnormal transfers, you can usually apply for an investigation order to inquire into the relevant accounts and registration information. Cases vary greatly in terms of evidence form, liability proportion, and procedural nodes. Relevant requests are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, assert rights in a timely manner, and keep records of reminders, communications, and service delivery to avoid the outcome being affected by insufficient evidence or the expiration of deadlines. The specific plan should be determined by a professional lawyer after evaluating the complete materials.

Q2: What evidence is needed to investigate property?

You can prepare pay slips, tax records, proof of social insurance and housing provident fund payments, property and vehicle information, company equity registration, the other party's spending and travel records, etc. The more specific the clues are, the clearer the scope of the investigation will be, and the higher the efficiency of evidence collection will be. Cases vary greatly in terms of evidence form, liability ratio, and procedural nodes, and related requests are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, assert rights in a timely manner, and keep records of reminders, communications, and service delivery to avoid the result being affected by insufficient evidence or the expiration of the time limit. The specific plan should be determined by a professional lawyer after evaluating the complete materials.

Q3: How much does it cost to conduct an investigation and implement preservation measures?

The main expenses are preservation guarantee fees and litigation fees. Preservation guarantees can reduce costs through insurance; attorney fees are negotiated based on the scope of the commission and the amount of the subject matter. If the property scale is large, the initial investment is usually commensurate with the final divisible benefits, so it is advisable to conduct a cost-benefit assessment first. Individual cases vary greatly in terms of evidence form, liability proportion, and procedural milestones. Relevant requests are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, assert rights in a timely manner, and keep records of reminders, communications, and service notifications to avoid the outcome being affected by insufficient evidence or the expiration of time limits. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

Q4: How long will the entire investigation and litigation process take?

The response to an investigation order usually takes several weeks; the first-instance summary procedure takes three months, and the ordinary procedure takes six months. If it involves appraisal or the addition of parties, the time will be extended accordingly. Applications for preservation of evidence should be submitted as soon as possible before or after the case is registered to avoid delays. Cases vary greatly in terms of evidence form, liability ratio, and procedural nodes. Relevant requests are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, assert rights in a timely manner, and keep records of reminders, communication, and service to avoid affecting the outcome due to insufficient evidence or the expiration of time limits. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

Q5: What consequences will there be if the other party transfers their property?

According to the provisions of the Civil Code, if a person hides, transfers, sells, or damages jointly owned property, they may receive a smaller share or no share in the division of assets. If such actions are discovered after divorce, the other party may request a re-division of assets. If the circumstances seriously hinder the litigation process, the party may face fines or detention. Individual cases vary greatly in terms of evidence forms, liability ratios, and procedural timelines. It is recommended to secure written evidence as soon as possible, assert rights promptly, and maintain records of reminders, communications, and service notifications to avoid outcomes being affected by insufficient evidence or expired time limits. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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·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.