[Direct answer]In the Beijing area, the core issues are three sets of evidence: ownership and investment, debt and fault, and concealment and transfer of property. According to Article 1087 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), the couple's joint property shall be handled by agreement between the parties in the event of divorce. If no agreement can be reached, the people's court shall make a judgment based on the specific circumstances of the property and in accordance with the principles of taking care of the children, the wife, and the party without fault; Article 1062 defines the scope of joint property. Regarding the burden of proof, according to Article 67 of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024), the party who raises a claim is responsible for providing evidence. In practice, it is usually necessary to prepare the following materials: real estate ownership certificates and purchase contracts, bank statements of down payments and monthly payments, vehicle and equity registration materials, account statements of deposits and wealth management accounts, certificates of salary and operating income, and materials proving the other party's fault or transfer of property. It should be particularly noted that the court generally will not actively investigate the parties' property in a comprehensive manner. Only when the applicant provides clues or applies for investigation and evidence collection according to law, may the hidden property be identified.

I. Problem Background and Typical Scenarios

The success or failure of divorce property division largely depends not on how complex the law is, but on whether the evidence is complete. There are three most common dilemmas faced by litigants: first, knowing that the other party has assets, but the accounts, equity, and wealth management are all in the other party's name, and the litigant cannot obtain any proof; second, the real estate and vehicles are registered in the other party's or their relatives' names, and the source of the funds cannot be explained; third, the other party concentrates on transferring deposits and selling property at low prices before the divorce. When the Beijing area courts hear the case, they usually review the acquisition time of the property, the source of the investment, and the ownership registration item by item. The party claiming that a certain property belongs to the common property needs to complete the preliminary evidence, and then the other party bears the burden of proof to refute the claim.

II. Key points of dispute

First, the scope of joint property includes wages and bonuses, investment income from production and operation, intellectual property income, and inherited or donated property (except for those specified in wills or donation contracts as belonging solely to one party). Second, proof of investment and loan repayment, especially claims for compensation for the appreciation of property purchased before marriage and jointly repaid after marriage. Third, evidence of the nature of debts. Claims that debts are joint or belong to the other party must be supported by documentary evidence. Fourth, evidence of fault and damages, including chat records, transfer receipts, travel itineraries, etc., and the method of obtaining such evidence must be legal. Fifth, handling of concealment and transfer of property. If a party conceals, transfers, sells, damages, or squanders joint property or falsifies debts, they may be allocated a smaller share or no share in the division, which is also a common motivation for applying for investigation and evidence collection and asset preservation.

III. Professional analysis by Henglue Law Firm

Take a foreign-related divorce and property division case handled by Henglue Law Firm as an example: Both parties were foreign nationals who had lived in Beijing for a long time. Due to their nationality, they were unable to register their divorce through the civil affairs department and could only resolve the matter through litigation. After accepting the case, Attorney Xiong Binrong first confirmed that Chinese courts had jurisdiction, assisted in preparing identity certificates, marriage relationship certificates, and property ownership materials, and sorted out the properties, deposits, financial products, and pension memberships under the names of both parties item by item, forming a complete property inventory and evidence list. He then proposed a plan for each party to own their own property, and the case was finally settled through court-mediated reconciliation. The lesson of this case is: The first step in property division is not to argue, but to clarify the property and solidify the evidence. In practice, we usually conduct a property audit first, classifying the known property by ownership, acquisition time, and funding sources. Then, we design investigation and evidence-gathering paths for suspected hidden assets: securing those that can be obtained independently and resolving those requiring court intervention by applying for investigation orders or court investigations. At the same time, we assess whether it is necessary to apply for property preservation to prevent further transfers. For cases involving company equity and operating assets, we can combine these factors with other legal measures to safeguard the legitimate rights and interests of clients.Business and contract disputes in enterprisesThe audit approach for accounts; for those involving the subsequent realization of assets, reference can be made to the relevant provisions.Creditor's rights and debts, and enforcement casesBased on my experience. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts on behalf of the client, relying on his/her accurate understanding of the local judicial interpretation and practical rules, to help the client achieve favorable results.

IV. Practical suggestions and legal basis

According to Articles 1062, 1063, 1087, and 1092 of the Civil Code of the People's Republic of China (effective January 1, 2021), and Articles 67 and 70 of the Civil Procedure Law of the People's Republic of China (effective January 1, 2024) regarding evidence and investigation, it is recommended to prepare in four steps: First, prepare a property list, categorized by real estate, vehicles, deposits and financial management, equity, insurance, and creditor's rights, and annotate the ownership and acquisition time of each item; Second, fix the evidence of investment and loan repayment, including purchase contracts, payment receipts, and bank statements; Third, apply for property preservation and investigation of evidence in a timely manner for suspected hidden or transferred property; Fourth, organize evidence of fault and compensation for damages, ensuring the legality of the sources. The overall plan can be referenced from the above-mentioned provisions.Divorce litigation and family disputesFor the design of practical paths involving cross-border assets and accounts, it shall be handled in accordance with the relevant provisions of the Tax Administration Law of the People's Republic of China and other laws and regulations.Foreign-related and cross-border legal servicesThe idea will be dealt with separately.

5. Henglue Law Firm's Advice

There are three common pitfalls in preparing evidence. First, only listing assets without providing evidence. If you claim jointly owned property but lack ownership or investment certificates, the court will find it difficult to support your claim. Second, using illegal methods to collect evidence. Evidence obtained through unauthorized access to others' accounts or the illegal installation of GPS tracking devices may not be admitted by the court, and it may also lead to new legal risks. Third, ignoring time points. During the divorce litigation process, the other party often transfers assets quickly. If you discover any abnormalities, you should immediately apply for asset preservation.Beijing Henglue Law FirmIt is recommended to conduct a systematic evidence inventory before filing a lawsuit, clearly listing the three columns of "what assets do I have, what evidence do I have, and what evidence is missing", and then finalizing the litigation request.

VI. Frequently Asked Questions

Q1: Can I still file a lawsuit if the evidence is incomplete?

You can file a lawsuit, but whether your claims will be supported depends on the evidence. It is recommended that you first complete an inventory of your assets and evidence, obtain fixed receipts for known assets, and apply for investigation and evidence collection for assets you are unaware of but suspect exist. This will help you avoid losing your rightful share due to insufficient evidence.

Q2: What evidence do I need to prepare?

The real estate ownership certificate and the purchase contract, the down payment and the monthly mortgage payment records, the vehicle and equity registration materials, the deposit and financial account details, the salary and business income certificates, the loan and guarantee certificates, the evidence of fault and transfer of property, as well as the transfer records and chat records that can reflect the source of the investment.

Q3: How much does it cost to initiate such a lawsuit?

The litigation fees are calculated in stages based on the value of the property. For divorce cases, the fee ranges from 50 yuan to 300 yuan per case. For cases involving property division with a total value exceeding 200,000 yuan, the fees shall be paid in proportion to the total value of the property. To apply for preservation measures, the applicant must provide a guarantee or purchase preservation insurance. The attorney's fees are determined based on the value of the property or through negotiation in stages, and the actual fees charged shall prevail.

Q4: How long does it take from filing a lawsuit to obtaining the final result?

Cases subject to simplified procedures are generally concluded within three months, and those subject to ordinary procedures take about six months. Cases involving property appraisal, account verification, or second-instance trials will take longer, and the timing of applying for investigation, evidence collection, and preservation will also affect the overall progress.

Q5: What should I do first?

First, conduct an inventory of the property, list the known property by category and provide corresponding evidence. At the same time, check whether the other party has any signs of transferring property. If any abnormalities are found, immediately consider applying for preservation of evidence, and then determine the scope of the lawsuit based on that.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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

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.