[Direct answer]In the Beijing area, if the other party's deposits and stocks cannot be found during the division of marital property in a divorce case, there are usually three approaches: First, require the other party to truthfully declare their assets and provide account clues during the divorce litigation; Second, after obtaining basic clues such as the name of the bank, the securities firm, and the account tail number, submit an application for investigation and evidence collection to the People's Court, and let the court, on its own initiative, retrieve relevant information from banks and securities registration and settlement institutions; Third, apply to query personal credit reports and real estate registration information as an auxiliary means of discovering property clues. The Civil Procedure Law of the People's Republic of China (amended and implemented on January 1, 2022) stipulates the division of responsibilities for evidence presentation between the parties and court investigation. If the court deems it necessary, it may conduct investigations on its own initiative. It should be noted that the number of shares held in a shareholder's account, transaction records, and fund balances are within the scope of information that can be requested for retrieval, while the specific details of the entrusted wealth management targets in the account often involve third-party confidentiality rules, which need to be judged based on specific circumstances.

1. Problem background and typical scenarios

The parties who consult on such issues are often in a state of complete information asymmetry: one party controls the family's main accounts and investment information, while the other party can only see the scattered amounts of daily transfers. Common scenarios include: one party receiving operating income in cash for a long time, with the bank account balance appearing to be very low; one party having a securities account but never mentioning it; one party transferring large amounts of money to relatives' or friends' accounts or purchasing wealth management products and fund shares; one party having a vehicle registered under a third party's name. The lack of property clues will directly lead to an imbalance in the division plan, so it is often more effective to start an investigation as soon as possible than to engage in repeated negotiations.Divorce litigation and family disputesThe practical experience in this column is that the starting point of sorting out property should be the flow of funds rather than the name on the registration document.

II. Key points of contention

The first focus is on the boundaries of the obligation to declare assets: whether the declaration should list known assets or whether it is necessary to provide all account details. The second focus is on the necessity of applying for investigation and evidence collection and the sufficiency of clues, as well as the court's consideration of the application and rejection. The third focus is on whether the account information in the personal credit report can be used as clues to assets. The fourth focus is on the method of separating holdings and fund balances in securities accounts, and the choice between physical separation and discounted separation. The fifth focus is on the transfer of the burden of proof and the adverse presumption when one party refuses to cooperate. The sixth focus is on the timing of preservation after discovering the transfer of funds.Creditor's rights and debts, and enforcementThere is also a methodology in the column about how to inquire about account funds and connect with execution.

III. Professional analysis by Henglue Law Firm

When handling such property investigations, Henglue Lawyers usually proceed in four steps. The first step is to establish a timeline of funds, arranging the known large-scale cash withdrawals, transfers, and consumption nodes by time to identify possible hidden periods. The second step is to fix existing evidence, including transfer records, screenshots of historical transactions from joint accounts, and related certificates, using a known transaction to deduce the other party's account patterns. The third step is to submit written investigation and evidence collection applications for each clue, clearly stating the account holder's name, account range, and the time period required for retrieval to avoid the application being too broad and requiring correction. The fourth step is to simultaneously apply for property preservation to fix the identified accounts and real estate in advance to prevent funds from being transferred again during litigation. It should be noted that the timing of applying for investigation and evidence collection is often earlier than the substantive trial, and the later the clues are initiated, the more likely they are to be lost. For income received in cash, lawyers usually conduct comprehensive assessments based on the operating entity, tax declarations, and family spending levels, rather than relying solely on account balances.

IV. Practical Suggestions and Legal Basis

Action suggestions: 1. First, conduct a self-audit of all available evidence, including jointly used online banking accounts, repayment records, insurance claims records, and screenshots of investment accounts. 2. Organize a list of the identified transfer recipients as clues. 3. Submit evidence investigation applications for each clue, specifying the specific account holder, account range, and time period. 4. Use legally permitted channels to obtain the other party's credit information and registration details as supporting clues. 5. Apply for property preservation as soon as possible for identified high-risk assets. 6. If the other party refuses to declare or conceals information, assert the corresponding adverse consequences in court. For verifying corporate account funds and equity, refer to the following guidelines:Real estate transactions and construction projectsLegal basis: The provisions of the Civil Procedure Law of the People's Republic of China (amended and implemented on January 1, 2022) regarding the burden of proof and investigation and evidence collection; Article 1092 of the Civil Code of the People's Republic of China (implemented on January 1, 2021) regarding the consequences of concealing and transferring jointly owned property. Specifically, the current effective laws, regulations, and judicial rulings shall prevail.

5. Henglue Law Firm's Advice

First, the account balance is just a static snapshot, while the flow of funds better reflects the actual property status. Second, the more specific the investigation application is, the higher the likelihood of approval. Third, the credit report can reveal the existence of an account, but it cannot show the balance. It needs to be used in conjunction with other evidence. Fourth, the way of dividing securities holdings directly affects the merits of the scheme. Early verification can help gain the initiative. Fifth, if you discover the transfer of property, you should immediately preserve it, rather than waiting until after the entity's judgment to claim it. Sixth, fictitious debts and the transfer of assets often occur simultaneously. When reviewing debts, pay attention to whether the funds have flowed back to your own account. For the path of confirming ownership of property under the name of a third party, you can refer to it for reference.Special services and other cases.

VI. Frequently Asked Questions

Q1: What should I do if the other party refuses to tell me their bank card number during the divorce?

You can submit an application for investigation and evidence collection to the people's court. As long as you can provide general clues, such as the name of the bank where the account is opened, previous transfer records, the account suffix number, or the approximate time period when the funds appeared, the lawyer can apply to the court to retrieve the transaction details from the relevant bank based on these clues. If the court deems it necessary, it may conduct an investigation on its own initiative. The parties may also check the personal credit reports that can be legally obtained as supplementary clues, but it should be noted that the credit report usually only reflects the existence of the account, not the specific balance.

Q2: Can I apply to the court to investigate the other party's stock account?

Yes. The number of shares held in a securities account, transaction records, and fund balances fall within the scope that the people's court can retrieve. Generally, an application needs to be submitted to the securities company or registration and settlement institution where the account is opened. In practice, it is necessary to provide the account holder's name, ID number, the securities company where the account is opened, and a general time period. The specific details of the entrusted wealth management may involve third-party confidentiality rules, and whether they can be retrieved needs to be determined based on the specific circumstances.

Q3: What are the requirements for applying for investigation and evidence collection?

The key lies in the clarity and necessity of the clues. Applications generally should state the case reason, the scope of property needing investigation, the subject of investigation, specific accounts or time periods, and the connection with the facts to be verified. When the clues are too broad, the court may require correction or disallow the application. Lawyers usually suggest first obtaining basic information through other legal channels, and then submitting a targeted application based on that information, which is much more efficient.

Q4: If the account balance shown is very low, does that mean there's really no money left?

Not necessarily. The balance is just a static number at a certain point in time. The property may have been converted into other forms: transferred to relatives and friends' accounts, purchased wealth management and fund shares, redeemed in advance, repaid fictitious debts, purchased real estate registered under others' names, or held in cash. Therefore, to judge the property status, we need to combine the analysis of the flow of funds, income level, and family expenses, rather than just looking at the account balance on a certain day.

Q5: Can I still take remedial measures if I discover that the other party has transferred their assets?

You can immediately apply for property preservation and keep the time, amount, and account information of the transferred funds as evidence. According to Article 1092 of the Civil Code of the People's Republic of China, when dividing jointly owned property in a divorce, the party who hides, transfers, sells, damages, or squanders jointly owned property may receive a smaller share or no share at all. The earlier you initiate preservation, the higher the proportion of funds that can be recovered will generally be. Delaying may result in the complete loss of the property during the enforcement stage.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as 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 a dispute arises, please consult a practicing lawyer in time.