[Direct answer]In the Beijing area, in cases involving property division, lawyers can apply for property preservation on behalf of their clients, including both pre-litigation and in-litigation preservation. According to Articles 103 and 104 of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), the people's court may, upon the application of the other party, order the preservation of the defendant's property if there is a risk that the judgment may be difficult to enforce or cause other damages to the parties due to the actions of one party or other reasons. Where the interested party, due to urgent circumstances, fails to apply for preservation immediately and will suffer irreparable damage to their legitimate rights and interests, they may apply to the people's court where the preserved property is located, the defendant's residence, or the people's court with jurisdiction over the case for preservation measures before initiating litigation or applying for arbitration. In practice, there are four key factors determining the effectiveness of preservation: First, the property clues. The applicant needs to provide as much detailed information as possible about the defendant's real estate, vehicles, deposits, securities, equity, and online payment accounts; the more specific the information, the better. Second, the timing. In divorce cases, if there are signs of the other party transferring assets, the application should be made as soon as possible. Third, the guarantee. The applicant needs to provide the guarantee required by the court, including cash, real estate, insurance company guarantees, or third-party joint guarantees. The preservation costs and guarantee costs should be estimated in advance. Fourth, the scope and duration. The amount of preservation should be commensurate with the amount claimed to avoid being required to lift the over-standard preservation. It should be noted that erroneous or over-standard preservation may lead to liability for compensation, so it is recommended to apply under the guidance of a professional lawyer.Business and contract disputes in enterprisesThe column provides specific explanations about the application for preservation and the guarantee arrangements.

1. Problem background and typical scenarios

Many people who consult on such issues are often worried about the other party transferring their assets, and there are three common concerns: whether they can apply for preservation, what preparations are needed, and where to obtain guarantees. In practice, the most common problem is not whether an application can be made, but the lack of sufficient clues to the other party's assets: applicants often only know that the other party owns real estate or deposits, but cannot provide specific addresses, account numbers, or registration information, making it difficult to enforce preservation. Therefore, the specific level of clues directly determines the effectiveness of the measure. Another common misconception is that applying for preservation will affect the division of assets. In fact, preservation only prevents assets from being transferred, and the final share will still be determined by law, so it usually does not change the division result. It should be noted that preservation is a temporary measure. If the substantive proceedings are not advanced for a long time, the court may require the applicant to explain the progress or even lift the preservation order. Therefore, preservation and substantive litigation should be arranged simultaneously. In addition, the cost of guarantees also needs to be arranged in advance: if the guarantees are insufficient, the application may be ruled as rejected.Creditor's rights and debts, and enforcementThe column provides a more detailed explanation of the enforcement procedure for preservation.

II. Key points of dispute

Focus One: The differences in the applicable conditions of pre-litigation preservation and in-litigation preservation. Focus Two: The specific degree of property clues and their enforceability. Focus Three: The choice of guarantee methods and their cost. Focus Four: The determination of the scope of preservation and the liability for excessive preservation. Focus Five: The preservation period and the renewal procedures. Focus Six: The handling of repeated applications and multiple rounds of preservation. Focus Seven: The circumstances under which the respondent provides guarantees to lift the preservation. Focus Eight: The liability for compensation for losses caused by preservation errors. In addition, attention should also be paid to the selection of preservation targets and their enforceability, the cost comparison of guarantee forms, and the judgment criteria for lifting the preservation when the respondent provides guarantees. The above specific rules shall be subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

From the practical perspective of preserving evidence in legal cases, the effectiveness of this process depends on the coordination of three key stages. First, **evidence collection**: Property-related clues typically need to be obtained from multiple channels, including real estate registration, vehicle registration, corporate business information, securities accounts, bank transaction records, online payments, and e-commerce accounts. These clues should be as specific as possible, including addresses, identification numbers, and account details. Insufficiently detailed clues are the most common reason for preservation applications being rejected or resulting in enforcement failures. Second, **timing and procedural selection**: - In urgent cases, pre-litigation preservation can be applied before filing a lawsuit, but the urgency must be justified and the lawsuit must be filed within the statutory timeframe. - For cases where litigation has already begun, post-litigation preservation can be directly applied, with simpler procedural requirements. - In property division cases, it is particularly important to file the application before the other party transfers ownership, sells assets, or withdraws large sums of money. Third, **guarantee implementation**: - The guarantee amount typically corresponds to the amount of the claim. - Guarantee methods include cash, real estate, letters of guarantee, and third-party guarantees. - The costs and requirements of these methods vary significantly, so it is necessary to confirm the form with the court in advance. When handling preservation applications, our firm typically first verifies the evidence clues, then designs a guarantee plan and preservation scope, and simultaneously proceeds with substantive litigation and renewal arrangements after the application to avoid preservation failures.

IV. Practical suggestions and legal basis

Action recommendations: 1. Verify and provide as much specific information as possible about the property; 2. Assess whether the urgency requirements for pre-litigation preservation are met; 3. Confirm with the court the form and amount of the guarantee; 4. Clarify the scope of preservation and avoid excessive preservation; 5. Pay attention to the preservation period and handle the renewal of the seal in a timely manner; 6. Assess the possibility of the defendant providing a guarantee to lift the preservation; 7. Advance the preservation in synchronization with the substantive litigation. Legal basis: - The Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024) regarding pre-litigation preservation and in-litigation preservation; - The Supreme People's Court's "Regulations on the Seizure, Detention, and Freezing of Property in Civil Enforcement of the People's Court" (Legal Interpretation [2006] No. 6, amended on December 29, 2020); - The specific requirements for guarantees shall be subject to the court's notice.

5. Henglu Law Firm's Reminder

The specificity of the clues is often more crucial than the timing of the application. Firstly, the specificity of the property clues determines the effectiveness of the preservation. Secondly, timing is more important than quantity, and the application should be made before the other party disposes of the property. Thirdly, insufficient guarantees are a common reason for the application being rejected. Fourthly, avoid preserving assets beyond the standard to avoid bearing liability for compensation. Fifthly, pay attention to the preservation period and renew the sealing in time. Sixthly, the preservation may be lifted after the respondent provides guarantees. Seventhly, if the preservation causes losses to others, compensation should be made in accordance with the law. Eighthly, the preservation and substantive procedures should be carried out simultaneously. For the preparation of preservation application materials, you can refer to the relevant provisions.Special services and other casesColumn; For cooperation in the execution and property investigation, you can refer to the following for reference.Business and contract disputes in enterprisesColumn.

VI. Frequently Asked Questions

Q1: Can a request for property preservation be made in a property division case?

Yes. In cases involving property division, there is also a risk of the other party transferring assets, so you can apply for property preservation in accordance with the Civil Procedure Law of the People's Republic of China, including two paths: pre-litigation and in-litigation. It should be noted that property division disputes usually require first initiating divorce litigation or being handled by the court, so in practice, most cases involve in-litigation preservation; in urgent situations, you can also apply for pre-litigation preservation before filing a case, but you need to explain the urgent reasons.

Q2: What materials are required to apply for preservation of evidence?

Generally, a preservation application, identity proof, guarantee materials, and evidence of the risk of transferring property or clues requiring preservation are required, such as the results of real estate registration inquiries, vehicle information, account transactions, and communication records. The more specific the clues are, the better. In practice, it's difficult to enforce the order if the clues only state that the other party owns real estate but fail to provide a specific address.

Q3: Is it necessary to provide the guarantee with cash?

Not necessarily. Common forms of guarantees include cash, real estate, insurance company's surety bonds, and third-party joint guarantees. The thresholds and costs of each method vary greatly. The specific form and amount are determined by the court and are usually equivalent to the amount requested for preservation. It is recommended to confirm with the court the acceptable forms before applying and to estimate the costs in advance.

Q4: What is the validity period of the insurance policy, and what should I do if it expires?

The time periods for real estate and frozen funds are different. Before the expiration of the time period, it is necessary to apply to the court for renewal of the seal, renewal of the freeze, or lifting of the restrictions. In practice, we should actively follow up on the time period to avoid the loss of control due to the failure to renew the seal in time. If the case is still under trial, we should promptly explain the progress to avoid the court's request for an explanation or lifting of the restrictions.

Q5: What are the consequences if I apply for the wrong thing?

They may bear liability for compensation. If the application for preservation is erroneous, the applicant shall compensate the respondent for the losses suffered due to the preservation. Therefore, excessive preservation or preservation that is obviously lacking in basis may trigger claims for compensation. In addition, excessive preservation may also be required to be lifted and affect the progress of subsequent procedures. It is recommended to apply for preservation under the guidance of a professional lawyer.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the 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. →Corporate commercial legal services·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. In case of disputes, please consult a practicing lawyer in time.