[Direct answer]Yes. According to Article 1092 of the Civil Code of the People's Republic of China (effective January 1, 2021), if one party conceals, transfers, sells, damages, or squanders the couple's joint property, or forges joint debts in an attempt to appropriate the other party's property, the court may award a smaller share or no share of the property during the divorce settlement. If the other party discovers this after the divorce, they may file a lawsuit with the court to request a second division of property. The claim for rights should be raised within three years from the date when the party knows or should have known about the situation, in accordance with the statute of limitations provisions of Article 188 of the Civil Code of the People's Republic of China. The key is to fix the clues of the property and the evidence of the transfer in time. For related enforcement issues, please refer to the relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

I. Problem background and typical scenarios

These kinds of problems often occur in several situations: Firstly, the other party conceals real estate, deposits, and equity during the divorce, and the other party accidentally discovers it afterwards; Secondly, during the marriage, the other party transfers a large sum of money to relatives or others, and the whereabouts of the money are verified after the divorce. For related creditor-debtor issues, you can refer to the following content for reference.Creditor's rights and debts, and enforcement cases1. The first point is that the other party concealed the fact that he/she had already transferred the property to his/her spouse before the divorce, and the court ruled that the property should be divided equally between the two spouses according to the divorce agreement, resulting in the other party obtaining an unfair advantage in the division of property. 2. The second point is that the other party used the guise of "borrowing money" to create a false joint debt to dilute the property. 3. The third point is that after the divorce agreement stipulated that "each party's property shall belong to himself/herself", it was found that the other party had already hidden a large amount of property at that time. 4. The fifth point is that the property was not investigated clearly at the time of the divorce judgment, but new clues were obtained afterwards. If the other party's equity and company assets involve the company's operations, additional reference may be made.Business and contract disputes in enterprisesThe column. When the Beijing district court handles similar cases, it focuses on reviewing the time of acquisition of the property, the connection between the transfer of the property and the time of divorce, and whether one party intentionally concealed the information.

II. Key points of contention

The first focus of the dispute is whether the property involved belongs to the couple's joint property, except for the premarital property and the property specifically designated by the parents as a gift to one party. The second focus is whether the transfer behavior constitutes a valid act, which requires proof of the facts of hiding, transferring, selling, damaging, squandering, or forging debts. The third focus is the effectiveness of the "division has been completed" clause in the divorce agreement. If one party conceals property, the other party still has the right to request a re-division. The fourth focus is the burden of proof. The claimant needs to provide clues such as bank statements, real estate registration, and company archives. The fifth focus is the proportion of the re-division, where the transferring party may receive a smaller share or no share at all. The sixth focus is the statute of limitations, which starts from the date of discovery. The seventh focus is the connection with the enforcement procedure and the analysis of property in another case. Specifically, the current effective laws and regulations and judicial rulings shall prevail. For property ownership documents, please refer to the relevant provisions.Special services and other casesColumn.

III. Professional analysis by Henglue Lawyers

Taking the two cases handled by our firm as examples, we can observe the process of handling divorce property disputes. Firstly, in a foreign-related divorce dispute, Ms. Zhang and Mr. Liu registered their marriage in 1991. Both parties were foreign nationals and had lived in Beijing for a long time. The marriage broke down due to the man's infidelity, and the domestic civil affairs bureau was unable to handle the divorce registration. Ms. Zhang entrusted lawyer Xiong Binrong of our firm to sue in court. The lawyer confirmed that Chinese courts have jurisdiction based on the parties' habitual residence, and after comprehensively sorting out the properties owned by both parties in Beijing and abroad, including real estate, deposits, and financial investments, a division plan was proposed. The defendant agreed to the divorce and the property division plan and cooperated in signing a mediation agreement. Finally, the court mediated the dissolution of the marriage, with each party retaining ownership of their own property and bearing their own debts. The mediation agreement took effect upon dissolution of the marriage, providing a clear legal basis for the disposition of domestic and overseas assets. Secondly, in another divorce dispute, the other party had committed infidelity during the marriage and the two parties had different opinions on the joint debts. The lawyer reviewed the authenticity of the debts one by one. The court ruled that the loan of 35,000 yuan from the plaintiff's parents was a joint debt, and ordered the defendant to bear half of it, that is, 17,500 yuan. At the same time, in accordance with the principle of protecting the innocent party, the court supported the plaintiff in obtaining 70% of the joint property and gaining custody of the children. These cases show that property sorting, debt authenticity review, and evidence fixation are the key to realizing post-divorce property rights. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: 1. After discovering clues, first secure evidence. For bank transactions, you can apply to the court to retrieve the records after suing. For real estate, vehicles, and equity registration information, keep records of inquiries. 2. When suing, clearly state the scope and share of the assets to be redivided, and claim that the transferring party should receive a smaller share or no share at all. 3. Assert your rights within three years from the date of discovery, paying attention to the statute of limitations. 4. For cases involving forged debts, require the court to review the authenticity of the loans item by item. 5. For cases that have entered the enforcement process, proceed with the enforcement process separately from the redivision process. Legal basis: - Article 1092 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that a party who hides, transfers, sells, damages, or squanders joint property or forges joint debts may receive a smaller share or no share at all. If the other party discovers this after the divorce, they can request a redivision of assets. - Article 188 stipulates a three-year statute of limitations. - Article 1087 stipulates the principles of dividing marital assets. - For real estate-related registration and documents, refer to relevant guidelines.Real estate transactions and construction projectsColumn.

5. Henglue Law Firm's Reminder

Risk Alert: First, the statute of limitations starts from the date of discovery, but evidence may be lost. The retention period of bank transaction records is limited, so it is advisable to apply for retrieval as soon as possible. Second, it is difficult to gain support for a lawsuit based solely on suspicion without any clues. It is better to verify the facts before taking action. Third, even if the divorce agreement stipulates that the division of property has been completed, it does not mean that the right to claim has been lost. Hidden assets can still be subject to redistribution. Fourth, if the transfer occurs after the implementation of litigation preservation measures, those involved in serious circumstances may be held legally accountable. It is recommended to seek advice as soon as possible upon discovery and, if necessary, to take legal action through proper channels.Beijing Henglue Law FirmThe evaluation clues of similar columns on the official website are assessed by professional lawyers, who then develop evidence-gathering and litigation strategies.

VI. Frequently Asked Questions

Q1: Can the transferred assets be recovered after a divorce?

Yes. According to Article 1092 of the Civil Code of the People's Republic of China (effective January 1, 2021), if one party discovers that the other party has hidden, transferred, sold, damaged, or squandered the couple's joint property or falsified joint debts after divorce, they may file a lawsuit with the court to request a second division of the joint property. The party who transferred the property may receive a smaller share or no share at all. The key is to promptly fix evidence such as bank records and registration documents, and to assert rights within three years from the date of discovery. The more specific the clues are, the greater the likelihood of recovery. It is recommended to consult and evaluate the situation as soon as possible.

Q2: How can I check which assets the other party has transferred?

You can first sort out the known accounts, real estate, vehicles, and investment clues during the marriage on your own; after suing, apply for a court investigation order or request the court to retrieve bank statements, real estate registration, securities, and equity information on its own initiative; pay attention to the destination of large-scale transfers, especially the records of transfers to relatives and related parties; if the other party's declaration of property in the divorce litigation does not match the actual situation, keep the comparison materials. When necessary, entrust a lawyer to apply for property preservation to prevent further transfers. The specific investigation and control methods shall be limited to the scope permitted by the court.

Q3: How much does it cost to recover transferred assets?

The litigation fees shall be prepaid in installments according to the subject of the property requested to be divided again, and shall be shared proportionally after the plaintiff wins the case; the attorney's fees shall be negotiated according to the scale of the property and the difficulty of evidence collection, and there is no unified standard; applying for property preservation will incur preservation fees and guarantee costs, and the court generally does not charge extra fees for evidence collection. Compared with the value of the transferred property, it is usually more cost-effective to sue early. It is recommended to sort out the scale of the clues first and then make a budget to avoid paying disproportionate costs for small amounts of property. The specific fees shall be subject to the court's approval and the contract's provisions.

Q4: How long will it take to handle the lawsuit for re-division?

The first-instance ordinary procedure generally takes no more than six months, and the summary procedure is concluded within three months; if the court needs to collect evidence such as bank transaction records and real estate registration, the period will be extended accordingly; the second-instance procedure takes about three months. The execution stage depends on the other party's performance and the state of the property. Compared with regular divorce litigation, the focus of such cases is on evidence investigation. The earlier it is initiated, the fresher the clues will be, and the faster the progress will be. It is recommended to file a lawsuit as soon as possible within the statute of limitations to avoid evidence loss caused by delay.

Q5: If the divorce agreement states that "the property has been divided", can the party still file a lawsuit later on?

Yes. The general provisions in the agreement stating that "each party's property shall remain their own" or "the property has been fully divided" cannot cover the property intentionally concealed by one party. According to Article 1092 of the Civil Code, the hidden and transferred joint property can still be requested to be divided again, and the concealing party may be given a smaller share or no share at all. However, it should be proven that the property existed at the time of the agreement and that the other party knew about it but concealed it, such as the registration time and transaction time being earlier than the signing of the agreement. It is recommended to bring the agreement and supporting materials for consultation before filing a lawsuit.

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 evidence materials, so as 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. In case of disputes, please consult a practicing lawyer in time.