[Direct answer]This is illegal. Article 1092 of the Civil Code clearly stipulates that if a spouse hides, transfers, sells, damages, or squanders the couple's joint property during the divorce, the court may award a smaller share or no share to that spouse during the division of property; if such acts are discovered after the divorce, the spouse may file a lawsuit to request a re-division of property. Lawyers cannot directly retrieve the other party's bank statements, but they can apply for a court investigation order or request the court to investigate on its own initiative. In cooperation with the court to freeze the accounts for property preservation, the transferred money can be recovered, and the person who hides the property will have to pay the price.

1. Problem background and typical scenarios

In divorce battles, the most common underhanded tactics are asset transfers: transferring fixed deposits to parents or siblings for "holding on their behalf" during the separation period; withdrawing large sums of cash and claiming to have "spent it"; emptying the balance of the salary card overnight; purchasing property in a relative's name just before the divorce litigation; or even converting deposits into virtual currencies and purchasing wealth management products and hiding them in others' accounts. The other party often only discovers that the account has been emptied after applying for bank statement retrieval after suing—it's the transfers that occur before the litigation that require the most advance prevention.

II. Key points of contention

First, the characterization of transfer behavior: which capital flows constitute transfer, and the boundary between normal consumption and transfer. Second, the application of less or no division: the time range of transfer (during marriage, separation, litigation) and evidence collection. Third, the path of property investigation: lawyer's investigation orders, court-initiated inquiries, and supplementary information from tax and social security authorities. Fourth, the timeliness of preservation: the significance of pre-litigation preservation and in-litigation preservation for freezing funds.

III. Professional analysis by Henglue Law Firm

This case is handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice license number: 1110120221141087, subject to the document issued by the judicial administrative authority) acts as the agent. **Legal Qualification and Consequences**: The legal consequences of transferring marital joint property fall into two categories: - During divorce settlement, the party who engages in acts of concealment, transfer, sale, damage, or squandering of assets may receive a smaller share or no share at all. - If the transfer is discovered after divorce, the other party may file a lawsuit requesting a second division of assets, which is not subject to the general divorce property division agreement. **Typical Forms of Transfer**: - Concentrated large-scale transfers within a short period with no reasonable explanation for the use of funds. - Transfers to close relatives via "nominal holding" arrangements. - Large cash withdrawals without supporting consumption records. - Assets sold at significantly low prices. - New large-scale debts incurred during divorce litigation (fictitious joint debts to dilute assets). **Defining Transfer**: - Normal family expenses and reasonable personal consumption do not constitute transfer. The court reviews four key factors: timing (whether near separation or litigation), amount (whether significantly abnormal), destination (whether to related parties), and purpose explanation (whether plausible). **Investigative Approach**: - Lawyers can apply for a court-issued investigation order to retrieve the other party’s account transactions from banks. - For accounts held at multiple banks, apply separately or request a unified inquiry by the court. - Transaction records from Alipay and WeChat Pay can also be retrieved. Third-party payment balances and wealth management products (e.g., Yu’ebao, Qianqian Tong) are potential hiding places for marital assets. - If the other party is a company shareholder or self-employed, industrial and commercial registration, tax filings, and social insurance payment records can corroborate income and asset scale. **Practical Investigation Strategy**: - First, lock in key accounts (e.g., salary card, daily spending accounts) with known information. After retrieving transaction records, trace downstream accounts along the large-scale transfer path to unravel the hidden chain of nominal holding. **Preservation Measures**: - The first step upon detecting transfer evidence is not litigation but preservation. - Pre-litigation property preservation allows for emergency account freezes with a guarantee. In-litigation preservation synchronizes with the freezing action, severing the transfer chain. - Preservation guarantees have low fees—hundreds of thousands of yuan in collateral protect millions of yuan in assets. **Litigation Strategy**: - Organize evidence by categorizing abnormal transfers by time, amount, and recipients, accompanied by proof of the recipients’ relationship to the other party (household registration, chat records). - For defense claims like "borrowing money from relatives" or "normal debt repayment," require supporting evidence of the loan and funds repayment records, shifting the burden of proof back to the transferring party. **Legal Risks**: - Transferring parties face criminal liability beyond civil penalties—forgery of debts or fraudulent litigation attempts to "launder" assets may trigger charges of fraudulent litigation, with severe consequences carrying criminal penalties far exceeding the cost of reduced property shares.

IV. Practical suggestions and legal basis

First step: Leave evidence. Immediately take screenshots and save them when discovering abnormal transfers, and do not modify the original evidence. Second step: Preserve assets. Apply for property preservation and freeze accounts promptly before and after suing to block the transfer chain. Third step: Investigate. Apply for a lawyer's investigation order and court inquiries to trace the large-sum transfers to downstream accounts. Fourth step: Claim. Provide evidence according to the transfer list and request a smaller share or no share. If the transfer is discovered after divorce, it can be litigated separately for redistribution. Main legal basis: Articles 1062 and 1092 of the Civil Code of the People's Republic of China (division rules for hidden and transferred assets); provisions on property preservation and investigation orders in the Civil Procedure Law of the People's Republic of China (amended in 2023); provisions on preservation in the Interpretation of the Civil Procedure Law of the Supreme People's Court; and specific applications shall be subject to the currently effective laws and regulations.

5. Henglue Law Firm's Advice

The three-step strategy to deal with the transfer of property: first, preserve and freeze the assets; second, investigate the flow of funds through a court order; and finally, claim a smaller share or no share in court—but if the order is reversed, the money will have already been transferred out of the account by the time it's recovered. In everyday marriages, keeping track of the family's core assets (main accounts, property registrations, insurance policies) isn't about mistrust—it's all about ensuring fairness at the divorce negotiation table. The savings from transferring assets come at the cost of receiving a smaller share, no share at all, or even criminal liability. No matter how you calculate it, this is always a losing proposition. For prevention and investigation of asset transfers, you can seek assistance through legal channels.Divorce litigation and family disputesFor a comprehensive solution to the service, involving property preservation and enforcement, you can refer to the relevant information.Creditor's rights and debts, and enforcement casesFor reference, please check the sections related to false debts and criminal cluesCriminal defense and criminal case filingFor reference, you can check the sections related to equity and company asset investigationsBusiness and contract disputes in enterprisesFor plates, those involving case solutions can be combined togetherSpecialised legal servicesPlate consultation.

VI. Frequently Asked Questions

Q1: Does transferring savings to parents before divorce count as transferring property?

When a person transfers a large sum of money to a close relative without a legitimate reason near the time of divorce or litigation, and there is no real loan or consumption purpose to support it, it is usually regarded as hiding and transferring the couple's joint property. In the division of property, the person may be awarded a smaller share or no share at all.

Q2: Can lawyers directly check the bank transaction records of the other party?

A lawyer does not have the right to directly retrieve the information, but can apply to the court for an investigation order in litigation, and then use the order to retrieve the account transaction records from banks and payment institutions. The court can also conduct inquiries on its own initiative.

Q3: What should I do if I only discover after the divorce that the other party has transferred their assets?

You can file a lawsuit with the court to request the redistribution of the transferred property. This right is not extinguished simply because the property was already divided during the divorce. It's important to collect evidence such as bank statements, transfer records, and proof of the relationship between the parties involved.

Q4: Will the party transferring the property be sentenced to an equal division of assets?

It's not necessary to divide the property. According to the Civil Code, if a person hides, transfers, sells, damages, or squanders the couple's common property, they may be awarded a smaller share or no share during the division. The specific proportion will be determined by the court based on the amount of the transfer, the circumstances of the case, and the degree of fault.

Q5: If you find that the other party is planning to transfer their assets, what should you do first?

Apply for pre-litigation or litigation property preservation to freeze the account as soon as possible, and simultaneously fix the evidence of the transfer; preservation must come first to block the transfer chain. It's often too late to take action when the lawsuit goes to court.

This article is written based on the common judicial interpretations 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·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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. If you encounter disputes, please consult a practicing lawyer in time.