[Direct answer]Yes. If, during the process of suing for divorce or before filing the lawsuit, you discover that the other party has transferred, hidden, or sold the couple's jointly owned property, you can apply to the court for property preservation, sealing or freezing their real estate, accounts, shares, etc. under their name. Pre-litigation preservation requires suing within 30 days after the preservation measure is taken, otherwise the preservation will be lifted; in-litigation preservation will be decided by the court after review. Preservation usually requires providing a guarantee, with the aim of "preserving the assets first and then discussing the division" to prevent the money from disappearing before the divorce is finalized.

I. Problem Background and Typical Scenarios

The moment one files for divorce, the most terrifying thing is not the other party's refusal to agree, but the other party transferring funds overnight, transferring property titles, and emptying accounts. Many litigants only realize after receiving the judgment that the money meant to be divided has already disappeared without a trace. Property preservation serves to hit the pause button at this critical juncture, locking up the disputed assets so that subsequent division and enforcement actions have something to work with. This is particularly true for non-transferable "major assets" such as real estate and equity stakes. Once they are sealed up, the other party will be unable to transfer ownership or pledge them privately. Similarly, after bank deposits and wealth management accounts are frozen, withdrawals will be blocked. The deterrent effect of preservation often encourages the other party to return to the negotiating table.

II. Key points of contention

First, the differences and time limits between pre-litigation preservation and preservation during litigation. Second, the requirements and amounts of preservation guarantees. Third, the types of property that can be preserved (real estate, accounts, equity, insurance, etc.). Fourth, the liability for compensation for preservation errors.

III. Professional analysis by Henglue Law Firm

The first level involves two types of measures: Pre-litigation property preservation applies to situations where the interests of the applicant will be damaged if the property is not preserved immediately. The applicant shall file a lawsuit within 30 days after the court takes preservation measures, and the measures will be lifted if the deadline is exceeded. In-litigation preservation is initiated during the trial of divorce cases and subject to review and ruling by the court. The second level concerns guarantee requirements: The court usually orders the applicant to provide guarantees (cash, surety bonds, or insurance policies) equivalent to the value of the property to be preserved, with the aim of preventing erroneous preservation from causing losses to the other party. The third level focuses on the scope of property: In addition to common assets such as bank deposits, real estate, and vehicles, equity, insurance cash values, wealth management accounts, and online funds can also be included. In practice, providing clear property clues (account numbers, certificate numbers) is essential for the court to facilitate seizure. The fourth level demonstrates the value of "preserving assets" through our firm's case examples: - In a divorce property division case handled by Attorney Liu Xiangying, despite the woman's exorbitant demands for 267,000 yuan in stock trading funds and a temporarily increased 1 million yuan loan, a "mediation-based, litigation-supplementary" strategy was adopted, ultimately achieving a fundamental reversal in the mediation agreement - the woman reversed her position and paid 500,000 yuan to the man and explicitly granted visitation rights. - In a custody case of twins in a sham marriage handled by Attorney Qiu Juan, despite the man's unwillingness to divorce, stable custody evidence secured the woman's right to custody of the children. - In an international divorce case handled by Attorney Xiong Binrong, the court's mediation confirmed the division of domestic and overseas assets, ensuring enforceable rights. These cases collectively demonstrate that professional lawyers' grasp of property clues and procedural requirements is key to securing clients' substantive rights. This case was handled by Beijing Henglu Law Firm.Liu Xiang YingAttorney (Practice Certificate No.: 11101201511343795, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

The first step is to systematically sort out the clues to the other party's assets (accounts, property deeds, and equity) before filing a lawsuit. The second step is to immediately apply for pre-litigation preservation and prepare guarantees if the situation is urgent. The third step is to simultaneously submit a preservation application during the litigation to prevent the other party from transferring assets. The fourth step is to file a formal lawsuit within 30 days after the preservation. The main legal basis: the provisions on property preservation in the Civil Procedure Law of the People's Republic of China (Articles 100 to 105), Article 1092 of the Civil Code of the People's Republic of China; the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

There are three key points to preserving marital assets during divorce: 1. Immediately secure the assets upon discovering signs of transfer, locking them up before dividing them. 2. Initiate litigation within 30 days of applying for pre-litigation preservation. 3. Both guarantees and evidence are indispensable. For matters involving the preservation and enforcement of marital assets, you can seek assistance through the following channels:Divorce litigation and family disputesThe service acquisition plan involves the integration of judgment enforcement.Creditor's rights and debts, and enforcementA reference to the clauses involving the protection of shareholders' rights and interestsBusiness and contract disputes in enterprisesThe column involves consultations on cross-border property matters.\nFinancial capital and cross-border transactions involving foreign entities.Team.

VI. Frequently Asked Questions

Q1: Can the preservation of marital assets in a divorce case be successful?

When the clues are clear and the guarantees are in place, the court rules that the success rate of preservation is relatively high; the key lies in providing accurate information about accounts, warrants, and other property, as vague clues are hard to be supported.

Q2: What evidence do I need to submit when applying for a preservation order?

It is necessary to provide materials related to the property (account numbers, real estate ownership certificates, and equity information) and a description of the transfer risks, and to prepare a guarantee. The specific requirements shall be subject to the instructions of the court accepting the case.

Q3: How much does it cost to hire a security guard?

The court charges preservation fees (with a decreasing cap based on the subject matter), and there may also be fees for guarantee letters; the fees are determined based on the actual subject matter and the guarantee method.

Q4: How long will it take to seal up the property after the preservation order is issued?

In urgent cases, the court shall make a ruling on pre-litigation preservation and implement it immediately within 48 hours; after the preservation review in the litigation is passed, the property shall be sealed up in a timely manner, and the period shall be determined according to the type of the property.

Q5: What should I do if the other party has transferred their property to a relative?

It can be argued that the transfer is invalid and can be recovered. For transfers made maliciously, the party involved may receive a smaller share or no share during the division of assets. If necessary, apply for the preservation of the related party's account and provide evidence of the fund flow.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 Henglue 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.