[Direct answer]Yes. After appointing a lawyer, you can use the court's investigation order to inquire into the other party's bank transactions, securities and fund holdings, real estate and vehicle registrations, industrial and commercial equity, and other information, in order to uncover their hidden deposits, wealth management products, equity, and assets in other places. For the common property that is intentionally concealed or transferred, you can claim that the other party should receive a smaller share or no share according to Article 1092 of the Civil Code. It is recommended to learn about this at the same timeDivorce litigation and legal services for family disputesAndBeijing Henglu Law Firm的查证思路。

I. Problem Background and Typical Scenarios

Many parties only discover during the divorce process that the other party has accounts, financial investments, or properties that they were never aware of. Common forms of concealment include: opening bank accounts without the spouse's knowledge and keeping funds in them for a long time; holding financial investments or shares in the names of parents or siblings; purchasing assets in other regions or overseas without informing the other party; and setting up separate accounts to evade asset division for salaries and business income. Such assets are hidden due to information asymmetry, and parties often face restrictions in self-inquiry due to their identity and authority. They need to rely on lawyers' investigation applications and the court's authority to uncover these assets.

II. Key points of contention

  • Investigating the boundaries: Lawyers' investigations are limited to the needs of the case, mainly aimed at clues to the couple's joint property. They cannot exceed the purpose of the litigation to inquire about unrelated privacy. The application must have a reasonable basis.
  • Permission coordination: Some information needs to be retrieved by the court on its own initiative. The lawyer's investigation order and the court's investigation should be coordinated with each other, as one party alone may not be able to collect all the information needed.
  • Evidence transformation: After discovering that the other party has concealed their assets, it is still necessary to prove that the assets in question belong to the couple's joint property and were intentionally concealed in order to trigger the rules regarding a reduced or non-distribution of assets.

III. Professional analysis by Henglue Law Firm

In handling family law cases, Henglue Lawyers often start with "investigation and verification". In one case involving marital infidelity, the lawyer discovered through investigation during the divorce litigation that the other party had a marriage abroad that had not undergone the recognition process in accordance with Chinese law, resulting in the subsequent marriage being legally flawed. Based on this finding, the lawyer adjusted the litigation strategy, and the court ultimately confirmed the invalidity of the marriage. In another case, the client discovered that the spouse had been unfaithful during the marriage. The lawyer organized evidence of the unfaithfulness and the divorce judgment, and argued based on the principles of "the best interests of the minor children" and protecting the innocent party. The court found that the other party had committed serious faults, and supported the client in obtaining a higher proportion of the marital property and custody of the children. Both cases were anonymized, showing that professional investigation and evidence organization can substantially change the outcome of the case.

IV. Practical suggestions and legal basis

In terms of legal basis, Article 1062 of the Civil Code (effective January 1, 2021) defines the scope of marital joint property, and Article 1092 stipulates that if a party conceals, transfers, sells, damages, squanders the joint property or forges debts, the court may award a smaller share or no share in the division of the property. Article 67 of the Civil Procedure Law (amended on December 24, 2021 and effective January 1, 2022) clarifies the burden of proof and the court's investigative powers. Practical advice: Before divorce, you can first organize a list of known assets and pay attention to any abnormalities in the other party's consumption level that do not match their income. If you detect signs of concealment, promptly hire a lawyer to apply for an investigation order and fix the evidence. It is strictly prohibited to illegally steal the other party's privacy, as such evidence may not be admitted and may even lead to other liabilities.

5. Henglu Law Firm's Reminder

There are often clues to concealed assets: spending far exceeding one's standard of living, sudden repayment of debts, and avoiding communication about asset details are all warning signs. After discovering this, it's crucial not to act impulsively, provoke confrontations, or use illegal methods to gather evidence. Instead, you should calmly preserve the clues and promptly hire a lawyer to conduct a legal investigation to uncover the full picture. The earlier you intervene, the higher the success rate of verification, as accounts are not yet closed and transaction records are intact. Delaying action may result in assets being transferred multiple times, making recovery increasingly difficult.

This case is 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 an agent.

VI. Frequently Asked Questions

Q1: Can lawyers really find the other party's hidden bank deposits?

In divorce litigation, lawyers can apply to the court for an investigation order based on the circumstances of the case, and use the order to access the account opening, transaction, and balance information of the other party's account at the bank, covering hidden accounts that the spouse is unaware of. The scope of the investigation is not limited to deposits, but also includes securities, funds, real estate, vehicles, and equity in industrial and commercial registration. After retrieving the information, by comparing the flow of funds, undisclosed assets can be identified. It should be noted that the investigation must rely on real cases and legitimate application grounds, and is not an arbitrary inquiry; the value of lawyers lies in transforming "speculation" into a legally compliant chain of evidence and enhancing the court's credibility in the process.

Q2: Can a lawyer conduct an investigation even without the other party's account information?

Yes. When applying for an investigation order, lawyers usually don't need to have full account information in advance. They can use basic information such as the other party's name and ID number to request the court or assisting units to batch-search their bank accounts, securities, and real estate under their name. The key is to prove the necessity of the investigation - for example, if the property stated by the other party in the litigation obviously does not match their income and living standard, or there is a suspicion of transfer. Even if it starts with just "suspicion", through legal investigation, hidden assets may be uncovered; of course, it's difficult to gain support for a broad-based application without any basis. Lawyers should put forward accurate requests based on the known clues.

Q3: If the other party conceals their assets, what types of investigations do lawyers typically start with?

Generally, the investigation starts from four categories: first, bank and payment accounts, retrieving all the bank cards and transaction records under the name of the party concerned to identify abnormal large-scale transfers; second, securities and wealth management, checking the holdings of stocks, funds, and asset management products; third, real estate and vehicles, verifying properties and vehicles purchased in other places, held in trust, or purchased after marriage but not disclosed; fourth, equity and industrial and commercial information, identifying the company interests established or held during the marriage. For those with overseas assets, the investigation can also be combined with foreign-related procedures. For each category, it is necessary to correspond with the provisions of the Civil Code on the scope of joint property (Article 1062) and the rules on concealment of lesser shares (Article 1092), and to translate the obtained information into claimable division requests, referring to relevant provisions when necessary.Foreign-related cross-border legal services.

Q4: If I discover that the other party concealed a property, how much more can I get in the divorce settlement?

There is no fixed numerical value for the "proportion of shares" in the law. The court will give preference to the principles of caring for children, protecting the interests of the wife, and protecting the innocent party in accordance with Article 1092 of the Civil Code. If it is confirmed that the concealed property belongs to the joint property of the couple, the party who concealed it may be ordered to receive a smaller or even no share of that property, while the other party will correspondingly receive a larger share; the specific proportion will depend on the degree of intentional concealment, the proportion of the property, and other circumstances of the parties. In practice, there is a possibility of a slightly larger share or a significantly larger share, and it cannot be simply expected that "the innocent party will definitely receive 70% of the shares". The key is to substantiate the concealment of facts with conclusive evidence and for the lawyer to clearly put forward the request and reasons for receiving a smaller or no share in the litigation.

Q5: If I hire a lawyer to investigate the other party's assets, what are the approximate costs involved?

The legal fees related to the investigation are generally included in the attorney's fees for divorce cases, or the actual expenses are separately agreed upon for the investigation and evidence collection. For property division cases, the fees are usually charged in increments based on the value of the disputed property. For simple applications for investigation orders, industrial and commercial inquiries, and requests for assistance, the travel and processing costs are usually settled on a real basis. The specific amounts vary depending on the complexity of the property, the scope of the investigation, and the geographical location. It is recommended to clarify the billing method and attorney's authority in the retainer contract to avoid disputes afterwards. One should be cautious about the "no-win, no-fee" commitment. The contingency fee system for marital and family cases is subject to regulatory restrictions. Before signing the contract, one can request the attorney to provide a written fee proposal.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence to avoid missing the statutory time limit.Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglue Law Firm