[Direct answer]Yes. According to Article 1092 of the Civil Code of the People's Republic of China (effective from January 1, 2021), if a spouse conceals, transfers, sells, damages, or squanders the couple's joint property, or falsifies the couple's joint debts in an attempt to misappropriate the other spouse's property, the spouse may be awarded a smaller share or no share in the divorce settlement; if the other spouse discovers it after the divorce, they may file a lawsuit to request a second division. In the judicial practice of Beijing courts, the review of large-scale abnormal transfers and relatives' holding of assets before and after divorce is relatively strict. When the evidence is sufficient, the court often supports the claim for a favorable division. If any signs of transfer are found, the evidence should be immediately fixed and a request for property preservation may be made. If necessary, the court may refer to relevant legal provisions for guidance.Marriage and family matters, and divorce litigationColumn.

I. Problem Background and Typical Scenarios

The act of transferring assets is common in several situations: Firstly, transferring large sums of money to close relatives such as parents and siblings before or during litigation; Secondly, "selling" the house purchased during marriage at a low price to relatives or friends, or transferring the ownership to others for holding on their behalf. For related real estate issues, please refer to the relevant provisions.Real estate transactions and construction projects1. Create false invoices to transfer property to relatives and friends; 2. Transfer funds to overseas accounts to evade taxation; 3. Frequently withdraw cash to create the illusion of funds disappearing; 4. Fabricate debts and make relatives and friends hold promissory notes to sue for joint repayment by the couple; 5. Convert assets through channels such as financial management, insurance, and virtual currencies. When handling similar cases in the Beijing area, parties can apply for a court investigation order to retrieve the other party's bank statements and compare the timing, amount, and recipients of suspicious transactions. For cases involving enforcement and asset recovery, the following guidelines can be referenced:Creditor's rights and debts, and enforcement casesColumn.

II. Key points of contention

Focus One: Behavioral characterization. The court will comprehensively judge the transfer based on the amount, time, and purpose, distinguishing between daily reasonable consumption, normal operating expenses, and hidden transfers. Focus Two: Burden of proof. The claimant must provide clues and preliminary evidence, and can apply for an investigation order to strengthen the case. Focus Three: Timeframe. Transfers discovered during divorce litigation and after divorce can both be held accountable. Focus Four: The proportion of reduced or no division of assets is determined by the court at its discretion, and it is not an automatic total deprivation. Focus Five: The timing of re-division litigation. Claims should be raised promptly after discovery to avoid evidence loss. Focus Six: Forgery of debts to obstruct litigation may also result in fines and detention. Specific provisions are subject to currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

From the practical experience of lawyers handled by our firm, the key to transferring property cases lies in bank statement comparison and logical contradictions. Common forms include: transferring money to relatives in bulk near the litigation, and later claiming it as repayment or entrustment, but failing to provide a loan agreement and proof of use; disposing of real estate and vehicles at low prices, with transaction prices significantly deviating from market levels; and a serious mismatch between account balances and income scale. Generally, the court will request the main account statements of both parties during the dispute period, and focus on reviewing large-sum, multiple transactions within a short period of time, and transactions with concentrated destinations. The claimant only needs to provide reasonable clues, and the responsibility will gradually shift to the other party as the evidence progresses. Common pitfalls include: only having suspicions without clues; seizing the other party's documents and materials by oneself and making oneself vulnerable; and delaying the claim after discovering the transfer, resulting in the funds being transferred again. It is recommended to apply for preservation and investigation as soon as signs are detected, and to advance the matter with the help of professional lawyers, so as to turn the transfer behavior into a favorable advantage in the division of assets.

IV. Practical suggestions and legal basis

Action suggestions: 1. Monitor the movements of major family assets on a daily basis, and if any abnormalities are detected, promptly take screenshots, make copies, and save the account opening bank and account information. 2. Apply for property preservation in litigation to freeze the other party's bank accounts and real estate transactions. 3. Apply for a court investigation order to retrieve the other party's transaction records, securities, insurance, and real estate registration information. 4. For identified transfer activities, directly claim a reduced or no share in the divorce litigation. 5. If discovered after the divorce, promptly file a separate lawsuit to request a re-division of assets. Legal basis: Article 1092 of the Civil Code of the People's Republic of China stipulates that a party who conceals, transfers, sells, damages, or squanders joint property or forges joint debts may be granted a reduced or no share, and may request a re-division of assets if discovered after the divorce. Article 1087 stipulates that joint property in a divorce shall be divided in accordance with the principles of protecting the interests of children, the wife, and the innocent party. The Civil Procedure Law of the People's Republic of China (amended on September 1, 2023) stipulates the property preservation system.

5. Henglu Law Firm's Reminder

Risk Warning: Firstly, transfers often occur during the window period before a conflict escalates into litigation. The earlier the monitoring is conducted, the more proactive it will be. Secondly, claims for a smaller share require evidence to support them. Simply accusing the other party of "hiding wealth" will likely not be accepted. Thirdly, the right to request a second division of assets is subject to the statute of limitations. If this is discovered, it is advisable to initiate litigation as soon as possible. The specific timeframes should be determined in accordance with the currently effective laws, regulations, and judicial rulings. Fourthly, transferring the other party's property or seizing their documents may backfire. It is recommended to seek legal advice as soon as possible.Beijing Henglu Law FirmOn the official website, in the corresponding column, lawyers evaluate the strength of the clues and apply for preservation measures.

VI. Frequently Asked Questions

Q1: If I catch the other party transferring property, will I definitely be awarded fewer points in the divorce settlement?

According to Article 1092 of the Civil Code, if a person conceals, transfers, sells, damages, or squanders jointly owned property, or forges joint debts, they may be awarded a smaller share or no share in the division of property. This decision is made by the court at its discretion and is not automatically enforceable. The extent of the reduction in the share depends on the amount of the transfer, the means used, and the circumstances of the case. If the evidence is solid and the transfer behavior is clear, there is a high probability of obtaining support for a favorable division; if it is just based on suspicion without evidence, it will be difficult for the court to make a determination. The key still lies in the completeness of the evidence chain.

Q2: What evidence is needed to prove that the other party has transferred property?

The following should be collected: the account transaction records and large-sum transfer records under the other party's name; the time and amount of transfers to relatives, as well as evidence that the other party cannot explain the purpose of the transfers; registration information of low-price transfers of real estate and vehicles or proxy holdings; comparison of cash withdrawal records with inconsistent spending levels; and promissory notes of false debts and related litigation materials. The parties involved may provide clues to apply for a court investigation order to retrieve bank, securities, and real estate data. The more specific the clues are, the smoother the retrieval process will be.

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

The fees include litigation fees, preservation fees, and attorney fees. The litigation fees are charged in stages based on the value of the disputed property; the property preservation fees are paid according to the amount of the preserved property and may require providing a guarantee; and the attorney fees are negotiated based on the workload of investigation and evidence collection and the subject of the dispute. In cases involving large transfer amounts, the recovered proceeds are usually significantly higher than the investment, but the strength of the clues must be evaluated first. It is recommended to consult a lawyer to sort out the property clues first and then decide on the scope of prosecution.

Q4: How long do I have to assert my rights after discovering that the other party has transferred their assets?

If the facts are discovered during the divorce litigation, the party should claim a smaller share or no share in the litigation; if the facts are discovered after the divorce, the party may file a separate lawsuit to request a second division of the property, and it is advisable to file the lawsuit as soon as possible after the discovery to avoid exceeding the statute of limitations or further transfer of funds. The specific calculation of the statute of limitations shall be subject to the currently effective laws and regulations and judicial rulings. Discovering and fixing the evidence and applying for preservation are key actions to seize the opportunity.

Q5: If you discover that the other party is transferring assets, what should you do first?

The first step is to secure evidence: save and back up transfer records, transfer information, and chat records. The second step is to apply for pre-litigation or litigation property preservation according to the urgency of the situation, freezing accounts and real estate transactions. The third step is to entrust a lawyer to apply for an investigation order to comprehensively verify the property. The fourth step is to claim a smaller share or no share in the divorce litigation. Delay is the friend of the transferring party. Only by responding quickly can we lock in the property. You can refer to it for reference.Marital and family matters, and divorce litigationColumn.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, 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. In case of disputes, please consult a practicing lawyer in time.