[Direct answer]Yes. According to Article 1092 of the Civil Code, if one spouse hides, transfers, sells, damages, or squanders the couple's joint property, or forges joint debts of the couple in an attempt to appropriate the other spouse's property, the court may award a smaller share or no share to that spouse when dividing the joint property in a divorce; if the other spouse discovers it after the divorce, they may also file a lawsuit with the court to request a second division of the property. In practice, it is important to fix evidence such as bank statements and transfer records, and to apply for property preservation in a timely manner. You can first go through the following steps:Divorce litigation and legal services for family disputesEvaluate the evidence collection plan and then entrust it to othersBeijing Henglu Law FirmThe lawyer is investigating the case on behalf of his client.

I. Problem Background and Typical Scenarios

The period before and after divorce is a high-risk time for asset transfer. Typical scenarios include: one party transferring large sums of money to their parents', siblings', or friends' accounts before filing a lawsuit; transferring real estate and vehicles to relatives at low prices; using joint savings to purchase houses and cars for others and registering them under others' names; concealing stock accounts, provident funds, annuities, and insurance cash values; and forging IOUs to create false debts to offset joint assets. The other party often notices abnormalities only when sorting through bank statements or applying for loans. Such transfer activities often occur after marital conflicts escalate, are highly concealed, and have a short time window. Once the opportunity to collect evidence and safeguard assets is missed, it becomes significantly more difficult to recover the assets. Therefore, taking action immediately after noticing abnormalities is of crucial importance.

II. Key points of contention

  • Determination of transfer behavior: Abnormal destinations of large-scale transfers within marriage, low-price disposals, and concealed agency holding can all constitute transfer behavior. However, normal family expenses and personal consumption should be excluded. The key to judgment lies in the flow of funds and their actual purpose of use.
  • Legal consequences: If the property is found to have been transferred, the party may receive a smaller share or no share at all during the division according to Article 1092 of the Civil Code; if the transfer is discovered after the divorce, the party may request a re-division, but this is subject to the three-year statute of limitations from the date of discovery.
  • Evidence collection and preservation: Applicants can apply for court investigation orders to obtain information such as bank accounts, securities, and real estate registration, and cooperate with pre-litigation or in-litigation property preservation to prevent assets from being further disposed of. Property preservation and enforcement can be combinedCreditor-debtor relations and enforcement case servicesImplement it.

III. Professional analysis by Henglue Law Firm

Take a divorce case handled by Henglue Law Firm as an example: Wang *sheng and Zhang *hua registered their marriage in 2006 and had one daughter (who has already reached adulthood) and one son (11 years old). After marriage, they accumulated assets such as real estate, vehicles, machinery, and insurance. In April 2025, Zhang *hua first filed for divorce, but Wang *sheng tried to save the marriage. In August of the same year, the court ruled against the divorce. Two months later, Wang *sheng discovered that Zhang *hua had been having an affair during the marriage and thus entrusted Attorney Xiong Binrong of Beijing Henglue Law Firm to file for divorce again, demanding the dissolution of the marriage, the child living with him and the other party paying alimony, a 70% share of the joint property, and the division of debts of 524,782 yuan, as well as 50,000 yuan in damages. Zhang *hua verbally agreed to the divorce but attached harsh conditions, accusing Wang *sheng of transferring assets, fabricating debts, and being unfit to raise the child. The lawyer focused on organizing two lines of argument: first, organizing the evidence of the first divorce ruling and the affair to prove that there was no possibility of reconciliation; second, strictly adhering to the principle of protecting the innocent party in Article 1087 of the Civil Code, pointing out that Zhang *hua violated the duty of marital fidelity and was the direct cause of the marriage breakdown, so the innocent party should be favored in the division of property. The court ruled that Zhang *hua's infidelity during the marriage after the first divorce ruling was rejected constituted a major fault, granting the divorce, ordering the child to live with Wang *sheng and Zhang *hua to pay 550 yuan per month in alimony until the child reaches adulthood, and supporting Wang *sheng in obtaining a 70% share of the joint property according to the principles of protecting the child, the woman, and the innocent party's rights. The 35,000 yuan borrowed from Wang *sheng's parents were identified as joint debts, with Wang *sheng repaying the full amount and Zhang *hua paying half, or 17,500 yuan. Since the division of property already reflected the fault liability, the court did not support the claim for damages again.

IV. Practical suggestions and legal basis

At the legal basis level: Article 1092 of the Civil Code (effective January 1, 2021) stipulates that if one party conceals, transfers, sells, damages, or squanders the couple's joint property or forges joint debts with the intent to appropriate the other party's property, the court may award a smaller share or no share to that party during the divorce settlement. If the other party discovers this after the divorce, they may file a lawsuit to request a second division of assets. Article 1087 stipulates that if no agreement can be reached, the court shall adjudicate according to the principles of protecting the interests of children, the wife, and the innocent party. Article 1066 allows the other party to request a division of joint property during the marriage if the first party engages in serious acts of concealing or transferring assets that harm the interests of the joint property. At the practical advice level: Daily pay attention to grasping the major family property situation, and keep copies of real estate ownership certificates, accounts, and transaction records. If you discover abnormal transfers, immediately fix the evidence and evaluate the preservation. If the other party claims that the funds have been used for family expenses, require them to provide evidence of the purpose of the funds. It is advisable to proceed with litigation and preservation simultaneously to avoid the assets being disposed of after the inquiry results are available.

5. Henglue Law Firm's Advice

The key to winning or losing a dispute over the transfer of property lies in timing: the earlier you detect the transfer and the faster you preserve the evidence, the greater the chances of recovering the assets and gaining a larger share. It is crucial to avoid secretly seizing or hiding the other party's property, or engaging in acts of tracking and intercepting them. Such actions not only may constitute infringement, but also undermine your legitimate position in the litigation. If you suspect that the other party is transferring property, it is recommended that you seek legal advice as soon as possible.Divorce litigation and legal services for family disputesFor the team, the priority is to protect the interests and then negotiate. In the above-mentioned case of fault-inclined division, the court supported the party without fault to obtain 70% of the joint property and custody rights. This case was handled by Beijing Henglu Law FirmXiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

Q1: If the other party transfers the deposit to their parents, does that count as a transfer of property?

It depends on the timing and purpose. Spousal support and medical expenses paid to parents during marriage for daily household expenses do not constitute transfer; however, if large amounts of money are transferred to relatives without a legitimate reason during the escalation of conflicts and before or after divorce, and the purpose of the transfer cannot be explained, it may be deemed as concealment and transfer of marital joint property according to Article 1092 of the Civil Code. The key points for judgment include: the time interval between the transfer and the divorce litigation, the amount of money and its compatibility with the family's consumption level, and the recipient and the subsequent whereabouts of the funds. It is recommended to first apply to retrieve the other party's bank statements to determine the transfer time, amount, and recipient account, and then decide whether to claim a reduced share in the divorce litigation and apply for property preservation simultaneously.

Q2: After the divorce, I found that the other party had transferred their assets. Can I still recover them?

Yes. According to Article 1092 Paragraph 2 of the Civil Code, if after divorce, the other party discovers that the other party has hidden, transferred, sold, damaged, or squandered the couple's joint property or forged joint debts, he/she may file a lawsuit with the people's court and request to divide the couple's joint property again. The statute of limitations for requesting a second division of marital property is three years, calculated from the date when the party discovers the fact. The party should file a lawsuit as soon as possible after discovering the clue to avoid the statute of limitations expiring. When filing a lawsuit, the party needs to submit evidence to prove the transfer of property, such as bank transaction records, real estate registration information, and the information of the transfer party. If it is difficult to check the information by oneself, the party may apply for a court investigation order in the lawsuit. The second division of property only applies to the transferred part of the property and does not affect the already divided shares.

Q3: How can I find the accounts and properties that the other party has hidden?

There are mainly three approaches: First, collect and organize the bank cards, passbooks, financial management contracts, and copy of real estate certificates that you have seen before, and save the asset information mentioned in the family's accounting records and chat logs; Second, apply for a court investigation order, and let the lawyer use the order to inquire into the other party's bank accounts, securities accounts, payment account transactions, real estate and vehicle registrations, provident fund and insurance information; Third, apply for a property declaration. The court may order the other party to declare his/her property. If the other party refuses to declare or declares untruthfully, the court may, in accordance with Article 1092 of the Civil Code, claim a smaller share or no share for the other party. The inquiry should be completed at the same time as or before the lawsuit, and if necessary, apply for preservation first to prevent the property from being disposed of during the inquiry period.

Q4: If I claim that the other party should get a smaller share of the property, how much more can I actually get in the end?

The law does not stipulate a fixed ratio. For acts such as concealment and transfer, the court may, in accordance with Article 1092 of the Civil Code, rule that the transferring party shall receive a smaller share or no share at all, with the specific amount determined based on the transfer amount, subjective malice, and the degree of damage; for major faults such as infidelity, the court shall, in accordance with Article 1087, give preference to the non-at-fault party in the division ratio. In similar cases handled by Henglue Law Firm, the court determined that the at-fault party committed major faults and supported the non-at-fault party in obtaining 70% of the joint property. In practice, the greater the transfer amount and the more solid the evidence, the more obvious the preference will be; if there are only suspicions but no transaction records as evidence, the court will generally not support them. Therefore, it is particularly important to collect evidence first and make claims later.

Q5: I'm worried that the other party might transfer their assets. What can I do about it now?

The process can be divided into four steps: 1. First, back up and secure existing property evidence as soon as possible, including property ownership certificates, vehicle registration documents, bank and wealth management account information, and the other party's income proof. 2. Second, analyze the suspicious fund flows and list unclear transfer and disposal records. 3. Third, assess the timing of litigation. If the transfer behavior seriously damages the interests of the joint property, you can even request the division of joint property during the marriage according to Article 1066 of the Civil Code. 4. Fourth, file a lawsuit while applying for pre-litigation or in-litigation property preservation to freeze the other party's accounts and real estate transactions. It's important to act quickly. From discovering clues to completing preservation, there are often only a few days. Delaying will only allow the other party to handle the situation at their own pace.

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·Attorney Xiong Binrong·Beijing Henglu Law Firm