[Direct answer]In the Beijing area, it can play a significant role in blocking the transfer of assets and is the most direct means of preventing the other party from transferring property. According to the Civil Procedure Law of the People's Republic of China (amended and implemented on January 1, 2022), if the act of one party or other reasons may make the judgment difficult to execute or cause other damages to the other party, the other party may apply for property preservation; in case of emergency, it may apply for pre-litigation preservation before suing, but shall file a lawsuit within 30 days after the people's court takes preservation measures, otherwise the preservation will be lifted. Preservation usually requires providing a guarantee, and it can freeze bank accounts, seize real estate and vehicles, and freeze equity. Preservation has a time limit and needs to be renewed when it expires; if the application is erroneous, the applicant may need to bear compensation liability for the losses suffered by the respondent. Therefore, preservation should be both quick and based on facts.

1. Problem background and typical scenarios

What the parties concerned worry about most is not whether the divorce will be granted, but whether they can actually get the money even if they win the case. Typical scenarios include: discovering that the other party has frequently transferred large sums of money or is preparing to sell property before filing a lawsuit; the other party liquidating the company or transferring equity during the litigation; the other party refusing to enforce the effective judgment and dispose of the property after the divorce; and worrying that the other party will transfer the deposits to the accounts of relatives and friends. In such situations, the value of asset preservation far outweighs that of pursuing compensation after the fact.Creditor's rights and debts, and enforcementIn practice, preservation of evidence is often necessary in family lawsuits, but there are certain requirements for preservation. The court will review the legitimacy of the request, the clues to the property, and the situation of the guarantee, and the scope of the request must not be obviously beyond the amount in dispute.

II. Key points of contention

Focus I: The choice between pre-litigation preservation and in-litigation preservation: the connection between urgency and litigation deadlines. Focus II: Guarantee methods and amounts: cash, surety bonds, property mortgages, etc. The amount is usually equivalent to the amount of the application. Focus III: How to provide property clues: specific information such as accounts, real estate, vehicles, and equity. Focus IV: Preservation scope and amounts: not exceeding the standard. Exceeding the standard may result in partial lifting of the order. Focus V: Preservation period and renewal: if not renewed upon expiration, it will be automatically lifted. Focus VI: Liability for erroneous preservation: compensation rules for losses caused by incorrect applications. Focus VII: How to connect preservation with enforcement: transition to the enforcement process after the judgment takes effect.

III. Professional analysis by Henglue Law Firm

The practical advice from Henglue Law Firm is that preservation measures should be prompt, accurate, comprehensive, and stable. First, promptness: Once there are signs of property transfer, preservation measures should be initiated immediately. Delaying by even a single day might result in the loss of an enforceable asset. Second, accuracy: Before applying for preservation, it is essential to identify the specific property clues, including the bank account opening bank, the location and ownership certificate number of the property, the vehicle license plate number, the company where the equity is held, and the proportion of shares held. The more specific the clues are, the easier it is to obtain approval. Third, comprehensiveness: Preservation measures should cover multiple assets to avoid only seizing real estate while neglecting deposits and equity. Fourth, stability: Adequate guarantees should be prepared, including cash and surety bonds. If the application clearly exceeds the necessary scope, the applicant may be required to lift the preservation measures or bear compensation liability, so the amount requested should be commensurate with the litigation claims. Fifth, procedural coordination: After applying for preservation measures, a lawsuit must be filed within the statutory period, otherwise the preservation measures will be automatically lifted. Before the expiration of the preservation period, it is necessary to renew the preservation measures in a timely manner to avoid a gap. Sixth, coordination with mediation: Preservation measures often encourage the other party to engage in pragmatic negotiations, but the settlement agreement should clearly specify the conditions and timing for lifting the preservation measures to avoid affecting subsequent performance.

IV. Practical suggestions and legal basis

Action suggestions: 1. First, identify any signs of asset transfer and secure evidence (bank statements, chat records, and ownership transfer records). 2. Simultaneously prepare a list of property clues and a guarantee plan. 3. Prioritize applying for interim preservation measures during litigation. In urgent situations, apply for pre-litigation preservation measures and ensure filing a lawsuit within 30 days. 4. After preservation measures are implemented, monitor the time limits and renew the sealing orders promptly. 5. After reaching a settlement or completing performance, apply to lift the preservation measures to avoid prematurely unsealing them. Legal basis: - The Civil Procedure Law of the People's Republic of China (amended and implemented on January 1, 2022) regarding interim preservation measures and preservation during litigation, as well as provisions on guarantees and compensation for erroneous preservation measures. - Article 1092 of the Civil Code of the People's Republic of China (implemented on January 1, 2021) regarding the handling of transferring or concealing jointly owned assets. - For matters involving creditor recovery and enforcement, please refer to relevant provisions.Creditor's rights and debts, and enforcementFor matters involving the disposal of properties such as real estate and vehicles, you may refer to the following for reference.Property sales and construction projectsThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, preservation of evidence addresses the issue of whether or not the evidence can be obtained, which has a greater impact on actual interests than the judgment of divorce itself. Secondly, the more specific the property clues are, the faster the approval will be. Thirdly, guarantees cannot be omitted, and letters of guarantee are a commonly used method. Fourthly, preservation of evidence has a time limit. Forgetting to renew the seal means all the efforts are in vain. Fifthly, when reaching a settlement, the conditions for lifting the preservation of evidence should be agreed upon to avoid prematurely lifting the seal. For family property disputes, you can seek assistance through the following channels:Divorce litigation and family disputesThe service obtains an overall solution, which involves the implementation of relief measures that can be combined together.Creditor's rights and debts, and enforcementFor reference, you can check the sections related to real estate and project paymentsReal estate transactions and construction projectsColumn.

VI. Frequently Asked Questions

Q1: What is the difference between pre-litigation preservation and in-litigation preservation?

Pre-litigation preservation applies to situations where the circumstances are urgent and failure to immediately preserve the rights and interests will cause irreparable damage. The plaintiff must file a lawsuit within 30 days after taking preservation measures, otherwise the preservation measures will be lifted. Post-litigation preservation is applied for after the case is filed, which is more seamless and the guarantee requirements are generally more flexible. If time permits, it is usually recommended to apply for post-litigation preservation directly when filing a lawsuit.

Q2: Is it necessary to provide a guarantee when applying for preservation? How much does it cost?

Generally, a guarantee is required, which can take the form of cash, a bank guarantee, or a property mortgage. The amount of the guarantee is generally equivalent to the value of the property subject to preservation, and the specific amount is determined by the court based on the circumstances of the case. Litigation preservation liability insurance is also a common method, with relatively low costs. If the guarantee is insufficient, the court may require the applicant to supplement it or reduce the scope of the preservation order.

Q3: Can the security company freeze the other party's salary card?

Yes, but the necessary living expenses should be reserved. The court will generally freeze the account and make corresponding arrangements for necessary living expenses to avoid affecting the basic living of the respondent and the dependents he/she supports. If the freezing results in difficulties in basic living, the respondent may apply for the lifting or modification of the protective measures, and the court will review the situation accordingly.

Q4: Do I need to take responsibility if I make a mistake when applying for insurance coverage?

Yes. If the application for preservation of evidence contains errors and causes losses to the respondent, the applicant may need to bear compensation liability. Therefore, before applying for preservation of evidence, there should be reasonable factual basis and evidence to support it. The amount of the request should be commensurate with the subject matter of the dispute, and avoid abusing the procedure by using preservation of evidence as a means of pressure. Otherwise, the applicant may face the risk of compensation.

Q5: Is the preservation order still valid after the judgment takes effect?

After the judgment takes effect, the case shall proceed to the enforcement stage. The preservation measures may be extended to the enforcement stage, but the relevant procedures must be carried out in accordance with the law. If the preservation period expires or the case is concluded, the preservation measures shall be lifted. The successful party shall apply for enforcement in a timely manner to avoid a gap period during which the preservation measures are lifted but the enforcement process has not yet started, resulting in the loss of the property again.

The above answer is based on the judicial practice in Beijing. The judicial interpretation 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 relevant evidence materials, so as to avoid missing the statutory time limit.Divorce litigation legal services·Beijing Henglue 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.