[Direct answer]In the Beijing area, you can apply to the court for property preservation before or during litigation, and the court will decide to seize the property under the other party's name. When applying, you need to submit an application form, property clues (such as the location and the real estate property certificate number), preliminary evidence, and guarantees (cash, surety bonds, etc., the proportion of which will be determined by the court). If the situation is urgent and failure to immediately preserve the property will result in its transfer, you can apply for pre-litigation preservation before suing and file a lawsuit within the statutory time limit. According to the provisions of the Civil Procedure Law of the People's Republic of China on property preservation, preservation is limited to the scope of the request or the property related to the case; if the applicant applies for preservation incorrectly and causes losses, the applicant shall bear the liability for compensation. It is recommended to verify the property information as soon as possible and initiate the process in a timely manner.

1. Problem background and typical scenarios

Before and after divorce, there are often situations where one party is eager to sell, transfer ownership, or mortgage property in an attempt to dilute the jointly owned assets. Typical scenarios include: the other party having already listed the property for sale or frequently transferring ownership before litigation; the other party donating the property to relatives or transferring it at a low price during the divorce proceedings; or the other party owning property but refusing to disclose it. At this point, if we wait until the judgment takes effect to handle the matter, there may be no assets left to enforce. When reviewing applications for preservation of property, Beijing area courts will pay attention to the basis of the claim, the clarity of the property clues, and whether there are urgent circumstances.

II. Key points of contention

Firstly, how to choose between pre-litigation preservation and litigation preservation, and the respective triggering conditions for each. Secondly, how to determine the guarantee method and ratio, and whether a letter of guarantee can be used as an alternative. Thirdly, whether it is possible to apply to the court for an inquiry when the property clues are unclear. Fourthly, whether the scope of preservation can cover the increase in property value and subsequent income. Fifthly, how to define the liability for compensation for erroneous preservation. Sixthly, how to link preservation with division and enforcement after preservation.

III. Professional analysis by Henglue Law Firm

In a divorce dispute handled by Henglue Law Firm, Liu Na and Zhang Yu divorced due to differences in their life philosophies. The couple owned a house at No. 102 in Beijing, which was registered as jointly owned but with no specified share; a Mercedes-Benz car registered under Zhang Yu's name; and disputes over the custody of their daughter. Liu Na's core demands were to dissolve the marriage as soon as possible, secure visitation rights, and obtain a reasonable share of the property. Initially, she even planned to give up the car division to expedite the process, but worried that Zhang Yu might delay the sale of the house after the division, leading to a loss of rights. The lawyer formulated a strategy of "prioritizing mediation and backed by legal support": For the car, based on the provisions of marital property division, it was proposed that "the car be appraised at 300,000 yuan and given to Zhang Yu, with Liu Na receiving a 150,000 yuan discounted payment" and offset against the alimony; for the house, it was clarified that each party would own a 50% share, and the house would be listed for sale within 30 days after the mediation agreement took effect. If neither party cooperated, Liu Na could apply for forced auction, and a joint account would be set up for the sale proceeds to completely block enforcement loopholes. Ultimately, the parties reached a mediation agreement: dissolving the marriage, with the couple's daughter being raised by Zhang Yu, Liu Na paying alimony and offsetting it with the discounted payment, Liu Na visiting the child once a week, each party owning a 50% share of the house and listing it for sale within 30 days, and applying for forced auction if uncooperative. The car would belong to Zhang Yu and be appraised at 150,000 yuan. This case shows that protecting property rights doesn't only involve "seizure". Writing specific and enforceable clauses can also achieve the same goal. If preservation is necessary, lawyers' practical experience is to first lock in the house number and ownership through real estate registration information, then submit the preservation application and guarantee simultaneously, and pay attention to renewing the preservation order before its expiration. 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, verify the real estate information under the other party's name as soon as possible; Second, prepare a preservation application and clear property clues, and provide guarantees at the same time; Third, apply for pre-litigation preservation in case of an emergency and file a lawsuit within the statutory time limit; Fourth, if you find that the other party hides, transfers, sells, damages, or squanders the joint property, you can apply for the division of joint property during the marriage; Fifth, specify the obligations of forced sale and cooperation, as well as the consequences of breach of contract in the mediation or judgment. For more details, please refer to the service on our platform.Divorce litigation and family disputes、Creditor's rights and debts, and enforcement,Property transactions and construction projects、\nInheritance of property and division of family assetsAndSpecial servicesLegal basis: Articles 1066, 1087, and 1092 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021), as well as the provisions on property preservation in the Civil Procedure Law of the People's Republic of China. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the best time to apply for preservation of property is before the other party completes the transfer of ownership, and the earlier the better. Secondly, the clearer the property clues are, the easier it will be for the court to rule on preservation. Thirdly, guarantee is a necessary step, and the cost can be reduced by using insurance guarantees. Fourthly, preservation of property has a time limit, and it is necessary to renew the seal in time before it expires. Fifthly, compensation is required for wrongful preservation, and the basis of the claim and the ownership of the property should be verified before applying for preservation. Sixthly, preservation of property is just a means, and the final goal is still to divide and enforce the property.

VI. Frequently Asked Questions

Q1: Can I apply for a seizure of the other party's property if I haven't filed a lawsuit yet?

Yes, it belongs to pre-litigation property preservation. If the situation is urgent and failure to immediately preserve the property will cause irreparable damage to legitimate rights and interests, the party may apply to the court for preservation before suing and file a lawsuit within the statutory time limit. If the party fails to sue within the time limit, the court will lift the preservation order. When applying for preservation, the party needs to provide clues to the property and a guarantee.

Q2: What should I do if I don't know the exact location of the other party's property?

First, you can infer it through clues such as joint repayment of loans, property payments, and lease contracts, and specify the scope of inquiry in the complaint or application, requesting the court to inquire with the real estate registration authority. The more specific the clues are, the easier it will be to make a quick ruling. If there is really no way to verify the information, you can apply for investigation and evidence collection.

Q3: How much does it cost to apply for property preservation?

Generally, a guarantee is required, the amount and form of which are determined by the court based on the subject matter of the preservation and the risks involved. It can be provided in the form of cash or insurance guarantees, etc. The guarantee ratio is not fixed. In practice, it is often based on a certain percentage of the subject matter value. The specific requirements shall be subject to the court's decision, and it is recommended to consult a lawyer to assess the costs in advance.

Q4: Do I have to compensate if I make a mistake in the seizure of evidence during the investigation?

I have to compensate. If there are errors in the application for preservation of evidence, the applicant shall compensate the respondent for the losses suffered due to the preservation of evidence. Therefore, before applying for preservation of evidence, the applicant should verify the basis of the right to request preservation of evidence and the ownership of the property to avoid expanding the scope of preservation of evidence. Erroneous preservation of evidence involving the property of third parties may lead to litigation in another case.

Q5: Can the house still be divided after it has been sealed off?

Yes. Preservation does not affect the handling of the ownership and shares of the property in divorce cases, but the disposal of the property usually requires either lifting the preservation order or proceeding in accordance with the effective judgment. It is recommended to specify the methods of price reduction, listing for sale, and fund distribution in the mediation or judgment, and to ensure the implementation of the rights and interests by linking with the enforcement procedures.

The above Q&A is mainly based on judicial practices in Beijing. There may be differences in the interpretation of rulings in other regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·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.