[Direct answer]In the Beijing area, if funds from Alipay, WeChat, or stock accounts are transferred, the party can apply for a people's court investigation order or property preservation based on the account information and transaction counterparties already in their possession, in order to legally inquire into the whereabouts of the funds and the recipients. According to Article 1092 of the Civil Code of the People's Republic of China, a party who hides, transfers, sells, or damages the couple's joint property may receive a smaller share or no share in the divorce settlement. According to Article 67 of the Civil Procedure Law of the People's Republic of China, the party asserting the rights bears the burden of proof. It is usually impossible for a party to directly retrieve the account transaction records of the other party on their own. They need to rely on a court investigation order or have a lawyer conduct the inquiry with the order. It is recommended to sort out the other party's account and consumption traces as soon as possible. For more details, please refer to the following link:Divorce litigation and family dispute services.

I. Problem background and typical scenarios

Before and after divorce, one party transferring electronic accounts and securities assets is the most covert and common situation in property division. Typical scenarios include: transferring Alipay and WeChat balances in bulk to relatives' or friends' accounts or cashing out for consumption; withdrawing funds from wealth management products and funds and transferring them to others' cards; selling stocks at low prices and transferring the funds away; and creating hard-to-trace fund flows through frequent small-amount transfers. Many parties don't realize their accounts have been emptied until they check the account statement, at which point some of the funds may have already been transferred through multiple hands. Electronic account inquiries are relatively convenient, but require clear clues such as account numbers or bound mobile phone numbers; securities accounts involve securities firms and fund accounts, making the inquiry process more complicated. For real estate-related assets, it can be combined with other evidence to determine the true ownership of the assets.Real estate sales and construction project servicesFor cross-border securities, you can refer to the following for more information.Financial capital and cross-border services involving foreign countries.

II. Key points of contention

There are three core disputes in such inquiries. Firstly, the investigation boundary: individuals can only inquire about their own accounts, while Alipay, WeChat, and stock funds under the names of others usually require court investigation orders and are subject to the compliance procedures of platforms and securities firms. Secondly, the necessity of clues: whether the court issues an investigation order depends on whether clues such as specific accounts, account-opening institutions, or trading counterparties are provided. General applications are often rejected. Thirdly, the determination of transfer and its consequences: whether it can be proven that the funds were used improperly or constituted a transfer directly relates to the application of a reduced or no-division of assets. The dispute also lies in the difficulty and length of time required to trace the whereabouts of the funds. For cases involving foreign creditor's rights, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case servicesFor matters related to agreement arrangements, you may refer to the following document for reference:Business and contract dispute resolution services for enterprises.

III. Professional analysis by Henglue Lawyers

Based on practical experience in handling divorce property division cases, whether the transfer of electronic and securities accounts can be traced depends on preliminary investigation and procedural assistance. According to Article 1092 of the Civil Code, the determination of the transfer act is based on evidence of the flow of funds, and vague suspicions are difficult to be accepted by the court. Henglue Lawyers usually suggest the following: daily monitoring of abnormal changes in the other party's Alipay, WeChat, and securities accounts; organizing account information, binding mobile phones, and making a list of suspicious transaction counterparties before suing; applying for pre-litigation or litigation property preservation for funds that may be lost; and, if necessary, applying for an investigation order, allowing lawyers to inquire and fix the transaction records from platforms and securities companies with the order. For complex situations, additional assistance can be sought.Special services and other case-related servicesDevelop a system-level evidence collection plan.

IV. Practical suggestions and legal basis

The core basis is Article 1092 of the Civil Code of the People's Republic of China (implemented on January 1, 2021) (dividing or not dividing the jointly owned property of the couple in the event of concealment and transfer); Article 67 of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022) (burden of proof) and the provisions on court investigation orders, evidence preservation, and property preservation; and the rules on property division and fault-based alimony in the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China. Practical suggestions: Back up screenshots of the other party's accounts and chat records; list the account number, the opening bank and the trading counterparty as investigation clues; file a lawsuit and apply for investigation orders and property preservation at the same time to prevent funds from continuing to flow out. For matters involving preservation and enforcement, relevant provisions can be referenced.Creditor-debtor relations and enforcement case servicesAdvance.

5. Henglu Law Firm's Advice

When discovering that the funds in your account have been transferred away, it's crucial not to delay or engage in emotional confrontations. It is recommended to immediately back up all available transaction records, screenshots, and chat logs to prevent them from being deleted; sort out the other party's frequently used accounts and suspicious recipients, and compile a written list of clues; specify the specific objects of inquiry in the lawsuit or investigation application, as general applications are less likely to gain support. The investigation period ranges from several days to several weeks, so don't resort to illegal methods such as stealing accounts or tracking them out of anxiety. If you need professional assistance, you can consult a lawyer as soon as possible to clarify the whereabouts through legal procedures and claim that the transferring party should pay a smaller share or not at all.

VI. Frequently Asked Questions

Q1: If the money in my Alipay or WeChat stock account is transferred away, can I definitely retrieve it back?

This is not necessarily the case. The issuance of a court investigation order is based on clear clues, and what can be found depends on the quality of the clues and the form of the funds. For known accounts of Alipay, WeChat, and securities funds, it is relatively easy to retrieve the transaction records with identity information; if the funds have been transferred to other people's accounts multiple times, it will be more difficult to trace them through the transaction counterparties. Even if the whereabouts of the funds are clarified, whether they can actually be recovered depends on whether the recipient is in good faith and whether the funds can be divided. The role of a lawyer is to systematically sort out the clues, accurately apply for an investigation order, and fix the evidence, rather than to find unknown accounts out of thin air. It is recommended to first collect as much information as possible about the other party's accounts and transaction traces before deciding on the scope of the investigation.

Q2: To investigate the other party's transferred assets, what clues do I need to prepare?

The key clues include: the known Alipay, WeChat accounts or bound mobile phone numbers under the other party's name; the securities fund account and the information of the brokerage firm where the account was opened; the bank account, the opening bank and the photos of the bank card; screenshots of large-amount transfers and abnormal consumption; and the payees mentioned in the chat records. The organization of materials should focus on "what common assets exist—where they were transferred—and what clues are available for investigation". The more specific the clues are, the higher the likelihood of the court issuing an investigation order. For parts with unclear memories, you can first apply to check the transaction records of all associated accounts under the other party's name, and then trace the whereabouts of the abnormal transactions.

Q3: How much does it cost to investigate the transfer of property and litigate in court?

If relying on a court investigation order, the court does not charge investigation fees. The main costs involve attorney fees and possible travel and document retrieval expenses. Attorney fees are typically calculated based on the complexity of the case, the value of the assets involved, and the workload. The specific fees are determined by the contract of engagement and there is no unified government pricing. For cases involving securities firms in other regions or cross-border securities inquiries, the travel and translation costs will increase accordingly. Compared to the value of the transferred assets themselves, the upfront investigation costs are generally reasonable. It is recommended to clarify the fee method, scope, and upper limit with the law firm before entrusting the case, and to initiate the investigation only after assessing the scale of the recoverable assets.

Q4: How long does it usually take to apply for an investigation order to investigate the transfer of assets?

The time required for asset inquiries varies significantly depending on the form of the assets. For electronic accounts such as Alipay and WeChat, the platform typically provides a response within a few days to two weeks after the court issues an investigation order; for securities fund accounts, the inquiry usually takes one to four weeks. If the funds have been transferred to another person's account, it may require additional inquiries into the counterparty, which will extend the timeframe even further. If the other party raises objections or provides additional clues requiring further investigation, the timeframe will be further extended. Overall, inquiries into common electronic and securities assets in China are typically completed within a few weeks. It is recommended to apply for an investigation order and asset preservation simultaneously when filing a lawsuit to avoid funds being further transferred due to delays in the process.

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

It is recommended to follow four steps: First, immediately back up all available account transaction records, screenshots, and chat logs to prevent them from being deleted; Second, sort out the other party's frequently used accounts, brokerage firms, and suspicious recipients, and list the suspected transferred assets; Third, specify the specific clues in the lawsuit or investigation application, and apply for a court investigation order or pre-litigation property preservation according to law; Fourth, entrust a professional lawyer to evaluate the possibility of transfer and inquire into the path of the transfer. Never take illegal methods such as unauthorized inspection or intrusion into accounts. Instead, clarify and claim that the transferring party should receive a smaller share or no share through legal procedures.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

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·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.