[Direct answer]Yes. For the jointly owned marital property that was not dealt with during the divorce, one party may file a lawsuit separately to request a division after the divorce; if one party conceals, transfers, sells, damages, or squanders the jointly owned property or forges debts in an attempt to misappropriate the other party's property, according to Article 1092 of the Civil Code of the People's Republic of China, the court may award a smaller share or no share to the party in question during the division. If the other party discovers this after the divorce, they may request a redivision within the statute of limitations. The statute of limitations is generally three years, starting from the date when the right holder knows or should have known that their rights have been infringed. The key action is to fix the evidence and apply for property preservation as soon as possible to prevent the other party from continuing to transfer the property. Whether and how the property can be divided depends on the premise that the property is indeed jointly owned and has not been lawfully disposed of.

1. Problem background and typical scenarios

Many parties hastily conclude their divorce proceedings and only later realize that there are still deposits, financial investments, equity shares, or real estate under the other party's name that were not included in the division of assets. Some people also discover after divorce that the other party had transferred large sums of money to relatives or sold vehicles at low prices during the marriage. There are typically three types of situations: first, property not covered in the divorce agreement or judgment can be dealt with subsequently; second, the other party conceals or transfers property, which is only discovered after divorce; third, the clauses in the divorce agreement waiving certain assets may involve fraud, coercion, or other circumstances that allow for revocation. When courts in the Beijing area handle such cases, they first determine whether the property in question truly belongs to the couple's joint assets, and then assess whether there are statutory circumstances warranting a reduced or no division of assets.

II. Key points of contention

First, which assets belong to "unresolved joint property" and whether they can be sued separately. Second, the burden of proof and standard of evidence for the other party's acts of transferring or concealing assets. Third, how is the statute of limitations calculated, one year or three years? Fourth, whether the clause in the divorce agreement waiving the right to property can be revoked. Fifth, how to recover the transferred assets when they have been resold. Sixth, whether it is possible to claim a larger share or no share for the other party during the re-division. Seventh, the application conditions and guarantee requirements for asset preservation.

III. Professional analysis by Henglue Lawyers

In a foreign-related divorce and property division case handled by Henglue Law Firm, Ms. Zhang and Mr. Liu registered their marriage in 1991. Both of them are now foreign nationals and have been living in Beijing for a long time. Their marriage broke down due to the man's infidelity. The two parties have reached an agreement on dissolving their marriage and dividing their property, but since they are both foreign nationals, the domestic civil affairs departments cannot handle the divorce registration. Therefore, they entrusted a lawyer to resolve the matter through litigation. The lawyer confirmed the jurisdiction of Chinese courts in accordance with relevant provisions of civil litigation, assisted in preparing identity certificates, marriage certificates, and property ownership certificates, and comprehensively sorted out the property owned by both parties, including real estate, deposits, financial products, and pension memberships. Finally, they signed a mediation agreement under the supervision of the court. The value of this case lies in the fact that the ownership of property not only depends on the source of rights, but also needs to be fixed through judicial procedures to avoid disputes arising in the future regarding the disposition of property. Regarding the issue of omitted property, Henglue Law Firm's practical experience includes: first, conducting a "property list comparison" to check the scope of division at the time of divorce against the current assets item by item to identify omissions; second, focusing on obtaining bank statements, securities records, and payment platform records for funds suspected of being transferred to trace their whereabouts; third, applying for property preservation in a timely manner to avoid the failure of the judgment; and fourth, requiring the party claiming that the other party transferred property to meet the high standard of proof, and indirect evidence can also form a chain of evidence. 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, after the divorce, summarize the known assets as soon as possible and compare them with the scope of division in the divorce agreement or judgment; Second, retrieve information from banks, securities, payment platforms, and real estate registries to fix the suspicious flow of funds; Third, if you find that the other party has transferred or hidden assets, file a lawsuit and apply for property preservation at the same time; Fourth, pay attention to the statute of limitations, and file a lawsuit within three years from the date you know or should have known about it; Fifth, if you claim that the other party should receive a smaller share or no share at all, you need to provide sufficient evidence to prove their acts of transferring or hiding assets. For more details, please refer to the platform's services.Divorce litigation and family disputes、Creditor's rights and debts, and enforcement、\nInheritance and division of family assets、Real estate transactions and construction projectsAnd\nFinancial capital and cross-border transactions involving foreign entitiesLegal basis: Articles 1087, 1092, and 188 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, divorce is not the end of property disputes. There is still room for remedies for omitted and transferred assets, but the statute of limitations does not wait for people. Secondly, it's better to fix the evidence as early as possible, especially to lock in the flow of funds and the current status of the assets. Thirdly, applying for property preservation is a crucial step to prevent "winning the lawsuit but not getting the property". Fourthly, those who claim that the other party has transferred assets need to provide objective evidence to support their claims, as mere suspicion is unlikely to gain support. Fifthly, if there is fraud or coercion in the divorce agreement, the claim for revocation should be made within the statutory time limit. Sixthly, for foreign-related property disputes, the issues of jurisdiction and applicable law are more complex, so it's advisable to consult a professional lawyer as soon as possible.

VI. Frequently Asked Questions

Q1: How long after a divorce can one file a lawsuit to divide property again?

It's usually three years. According to Article 188 of the Civil Code of the People's Republic of China, the statute of limitations is three years, calculated from the date when the right holder knows or should know that his rights have been infringed. If you find that points have been missed or property has been transferred, you should sue as soon as possible to avoid the statute of limitations expiring or evidence being lost.

Q2: If the divorce agreement stipulates that one party waives their right to the property, can they still change their mind later on?

In principle, it is not allowed to renege on a contract at will. If there are statutory circumstances such as fraud or coercion, the party may request to revoke the contract within the statutory time limit; if it's just that the party feels they've been taken advantage of after the fact, this usually does not constitute a reason for revocation. It is recommended to first review the process of signing the agreement and the relevant evidence, and then determine whether there is room for revocation.

Q3: How to obtain evidence if I discover that the other party has transferred their savings during the marriage?

It is possible to apply for retrieving bank transaction records, securities and third-party payment records to track the objects and times of large-scale transfers; combined with chat records and witness testimonies, it is possible to reconstruct the purpose of the transfers. If the flow of funds is clear and there is no reasonable consideration for the transfers, it is easy to be identified as the transfer of joint property, which can be used as a basis for assigning a smaller share or no share at all.

Q4: If the other party's premarital personal property was overlooked during the division, can it still be divided?

Generally, this is not possible. Personal property acquired before marriage does not belong to the couple's joint property and is not subject to division. However, if such property generates income that belongs to the joint property after marriage, or if there are circumstances of investing or mixing the joint property, the couple may claim to divide the corresponding portion. This requires evidence to determine the specific situation.

Q5: What should I do if the other party sells the transferred property again?

It can still be claimed. The claimant can request a reduced or no division of the transferred property and recover the consideration or profits of the transferred property. If the transferee is not acting in good faith, the claimant can also claim that the relevant disposition is invalid. It is recommended to file a lawsuit and apply for preservation at the same time, and request the court to investigate the whereabouts of the property.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence 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. In case of disputes, please consult a practicing lawyer in time.