[Direct answer]In the Beijing area, if you discover that the other party has transferred or hidden the couple's jointly owned property, you can claim to investigate and divide it according to law in the divorce litigation, and apply for property preservation if necessary. Article 1092 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that if one party hides, transfers, sells, damages, or squanders the couple's jointly owned property, or forges debts in an attempt to seize the other party's property, the court may award a smaller share or no share to that party when dividing the couple's jointly owned property in a divorce. The parties should apply to the court for investigation and evidence collection and account freezing as soon as possible; for the property that has already been transferred, they can claim corresponding rights in the litigation, and in serious cases, they can also be held legally accountable.

I. Problem background and typical scenarios

The transfer of property is often covert and rapid, and common forms include: frequent transfers or cash withdrawals of large sums of money within a short period of time; purchasing real estate and vehicles in the names of relatives and friends; fabricating loans and writing IOUs to create debts; and cashing out equity, financial products, and insurance in advance. Many parties don't realize that their deposits have been greatly reduced until they file a lawsuit. In the judicial practice of the Beijing area, the court will comprehensively judge whether it constitutes improper disposal based on bank transaction records, transaction time, and purpose.Divorce litigation and family disputesThe earlier the parties involved apply for preservation and investigation, the more likely they are to reduce their losses.

II. Key points of contention

Focus One: Identifying the Act of Transfer: It requires a comprehensive judgment based on the transfer time, amount, destination, and purpose. Focus Two: The Connection between Evidence Provision and Investigative Evidence Collection: Parties may provide clues and apply to the court to retrieve information from banks, securities, real estate, etc. Focus Three: The Timing of Property Preservation: It can be applied either before or during litigation to prevent further disposal of assets. Focus Four: Identifying Forged Debts: Review the authenticity of the debt, its purpose, and the time of its formation. Focus Five: The Application Conditions and Proportions for Reduced or Non-Divided Property. Focus Six: Re-asserting Claims for Additional Unpartitioned Property Discovered after Divorce. The above issues need to be gradually addressed with evidence as the core focus.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm advises that identifying property clues and preventing improper disposal are the keys to handling such issues. Taking a foreign-related divorce dispute handled by Attorney Xiong Binrong of our firm as an example: Ms. Zhang and Mr. Liu registered their marriage in 1991. After marriage, they had a daughter who has now reached adulthood. Both of them are now foreign nationals and have been living in Beijing for a long time. The marriage broke down due to Mr. Liu's infidelity. Since both parties are foreign nationals, the domestic civil affairs department cannot handle the divorce registration. Ms. Zhang entrusted a lawyer to dissolve the marriage through litigation and confirm the division of property. The lawyer first confirmed that both parties have a habitual residence in China and that Chinese courts have jurisdiction. Subsequently, he comprehensively sorted out the domestic and overseas real estate, deposits, financial products, and pension memberships under the names of both parties, verified the ownership and sources of each item, proposed a division plan whereby the property under each party's name would belong to them, and promoted the reaching of a mediation agreement under the court's supervision, so that the division of property was legally confirmed. Although this case is not a typical dispute over the transfer of property, it shows that comprehensive identification and legal confirmation of property clues are effective means to prevent the other party from concealing or transferring joint property. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe lawyer (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 recommendations: 1. Secure property clues as soon as possible, such as real estate, vehicles, deposits, securities, company equity, and insurance information; 2. If you discover abnormal transfers, save the transaction details and explain the clues, then apply to the court for investigation and evidence collection; 3. If there is a real risk of disposal, promptly apply for pre-litigation or in-litigation property preservation; 4. Review whether the debts claimed by the other party are genuine and the purpose of the debts is legitimate, to prevent the fabrication of debts to dilute assets; 5. If you discover additional undivided property after divorce, you can claim it within the statutory period. Legal basis: Articles 1066 and 1092 of the Civil Code of the People's Republic of China (both effective from January 1, 2021); Provisions on property preservation and evidence collection in the Civil Procedure Law of the People's Republic of China (amended and effective from January 1, 2022). For matters involving debts and enforcement, please refer to relevant provisions.Creditor's rights and debts, and enforcementFor matters involving the disposition of real estate and equity, you may refer to the following for reference.Business and contract disputes in enterprisesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, the transfer of property can usually be traced, and bank transaction records and the time of the transaction are key evidence. Secondly, it's important to take protective measures as soon as possible. Once the property is disposed of or mortgaged, it will be much more difficult to recover it. Thirdly, fictitious debts often take the form of unsubstantiated IOUs and abnormal fund flows. Fourthly, overseas assets can also be fixed through ownership verification and judicial confirmation. Fifthly, the application of less or no division of property must be supported by evidence. For matters involving property division and preservation, it is advisable to seek legal assistance.Divorce litigation and family disputesConsultation.

VI. Frequently Asked Questions

Q1: If the other party transfers their property, can we make them receive a smaller share in the divorce settlement?

This can be claimed. According to Article 1092 of the Civil Code, if a party conceals, transfers, sells, damages, or squanders the joint property or forges debts, the court may award a smaller share or no share to that party during the division. However, it requires evidence to prove the existence and amount of the transfer. The court will comprehensively determine the transfer based on the transaction records, time, and purpose of the transfer.

Q2: What kind of evidence is needed to prove that the other party has transferred their assets?

Common clues include bank transfer and cash withdrawal details, property and vehicle registration information, changes in securities accounts, changes in company ownership, and records of insurance and financial product redemptions. The parties involved can first provide clues and apply to the court for investigation and evidence collection. It is important to note that they should preserve the original receipts and time points to form a complete chain of fund flows.

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

Generally, a guarantee is required, which can be provided in the form of cash, surety insurance, etc. The fee is related to the value of the secured property. The application fee is charged in proportion to the amount of the property, with an upper limit. If losses are caused by errors in the preservation of the property, the applicant may be liable for compensation, so the application should be made based on sufficient clues.

Q4: How long does it take from filing a lawsuit to identifying the assets involved in the case?

The identification of property depends on the availability of clues and the degree of cooperation. The time limit for the simplified procedure is three months, and that for the ordinary procedure is six months; if the investigation and appraisal involve overseas or cross-regional areas, the time period will be extended. Providing clues and applying for investigation and preservation as early as possible can significantly shorten the time required for identification.

Q5: If I only discover after the divorce that the other party has transferred their assets, can I still recover them?

Yes. If after the divorce, you discover that the other party hid or transferred the joint property during the marriage, or there is undivided joint property, you can file a separate lawsuit with the court within the statutory period to request another division. It is recommended to fix the evidence as soon as possible and consult a lawyer to avoid losing clues or exceeding the statutory time limit due to the passage of time.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, 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 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.