[Direct answer]In the Beijing area, lawyers do not have the right to conduct unauthorized investigations, and overseas properties cannot be queried in the same way as domestic real estate. The formal process consists of three steps: First, fix the clues (the address of the overseas property, the registration authority, the purchase time, and the payment vouchers); Second, apply for a court investigation order in the divorce litigation to clarify the transaction records and transfer records of the related purchase funds in China; Third, verify the ownership of the overseas part in accordance with the judicial assistance treaty or by entrusting local lawyers. According to Article 1092 of the Civil Code of the People's Republic of China, the party who hides or transfers the joint property may be awarded a smaller share or no share at all. After finding the clues, the party should apply for property preservation as soon as possible.

I. Problem background and typical scenarios

When it comes to divorce involving foreign marriages and cross-border assets, the most worrying thing is that the other party has already transferred the assets overseas: some people purchase property overseas and register it under their own or relatives' names, while others use marital funds to pay for overseas property purchases but lie about it by claiming it's a loan. In foreign divorce cases accepted by Beijing courts, the difficulty of identifying and executing overseas property is the most worrying part for the parties involved. Many people don't even know how much property the other party owns until the division stage.

II. Key points of contention

Firstly, whether the overseas property belongs to the couple's joint property and the source of the purchase funds are the key factors in the determination. Secondly, the legality of the investigation methods - secretly checking overseas records involves legal risks and must follow judicial procedures. Thirdly, the allocation of the burden of proof, where the party claiming the existence of overseas property needs to provide basic clues. Fourthly, after the investigation, whether it is possible to actually divide and execute the property.

III. Professional analysis by Henglue Law Firm

The experience of Henglue Lawyers in handling cross-border family cases is that the focus of property investigation is not on "finding it", but on "verifying and translating it into an enforceable division plan". Taking a divorce mediation case handled by Attorney Xiong Binrong as an example, Liu Na and Zhang Yu divorced due to a breakdown in their relationship. The Beijing House No. 102 owned by the couple was registered as jointly owned but without a clear share ratio, and the Mercedes-Benz car was registered under Zhang Yu's name. Initially, the woman even planned to give up the car division just to end the case as soon as possible, but she worried that after the house division, the other party would delay the sale and lose her rights. Attorney Xiong Binrong developed a strategy of "prioritizing mediation and backed by law", first sorting out all property clues, and then writing the division into enforceable clauses in the mediation agreement: each party owns a 50% share of the house, the house will be listed for sale within 30 days after the mediation agreement takes effect, if one party fails to cooperate, the other party can apply for forced auction, and the sale proceeds will be placed in a jointly managed account with each party receiving 50%. The Mercedes-Benz car will be valued at 300,000 yuan and given to Zhang Yu, who will pay Liu Na a discounted price of 150,000 yuan. This approach is also applicable to overseas real estate: first, locking in the property through financial transactions and documentary clues, and then translating the findings into clauses with enforcement deadlines, breach consequences, and fallback execution methods to avoid winning the ownership but losing the execution. In practice, overseas property investigation usually relies on three lines: overseas remittance records in bank transactions, purchase contracts and deed tax certificates, and purchase traces in immigration and email communications. For overseas parts, additional procedures such as certificates and notarized translations are required. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The first step is to preserve the chat records, photos, and contract copies mentioning overseas properties provided by the other party before the relationship completely breaks down. The second step is to sort out the family's large-scale expenditures and mark any unexplained overseas remittances. The third step is to apply for a court investigation order to retrieve the transaction records of domestic accounts during the litigation process and simultaneously apply for property preservation. The fourth step is to verify the ownership of overseas assets through judicial assistance or by entrusting local lawyers, and then incorporate the results into the asset division. Main legal basis: Articles 1062, 1087, and 1092 of the Civil Code of the People's Republic of China (effective January 1, 2021); Relevant provisions of the Civil Procedure Law of the People's Republic of China regarding evidence investigation and property preservation; Judicial assistance in overseas matters shall be handled in accordance with international treaties; Specific applications shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

Three key points for overseas property investigations: Keep clues on a daily basis, verify facts through court procedures, and secure compensation with enforceable clauses; it's unwise to conduct unauthorized inquiries privately, and those who hide or transfer assets will face legal penalties. For cases involving overseas divorce and property division, legal assistance can be sought through established channels.Divorce litigation and family disputesWe can provide a comprehensive solution for services involving the integration of cross-border asset and fund arrangements.\nFinancial capital and cross-border transactions involving foreign entities.For reference, you can check the sections related to property preservation and enforcementCreditor's rights and debts, and enforcementFor any questions or difficult situations, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Can overseas property be divided during a divorce?

Yes. As long as the purchase was made during the marriage and the funds came from the couple's joint property, without any special stipulations, the overseas property also belongs to joint property, and the court can order its division. The method of enforcement abroad shall be determined in accordance with the laws of the place where the property is located and the arrangements for judicial assistance.

Q2: Can lawyers directly check overseas real estate information?

It can't be checked directly. Lawyers need to use a court investigation order to search for domestic fund clues, and overseas ownership information can be obtained through judicial assistance or cooperation with local lawyers. It's legally risky to secretly retrieve others' overseas private information, so it's not advisable to do so.

Q3: How much does it cost to hire a lawyer to investigate property?

Investigative evidence collection is usually charged on a case-by-case basis. The cost of applying for an investigation order within China is relatively low, while overseas investigations involve translation, notarization, and local attorney fees, which require separate budgeting. Before signing the contract, clients should require law firms to itemize the fixed fees and the fees to be paid on behalf of the client.

Q4: How long does it take to conduct a property investigation?

The retrieval of domestic financial transactions is usually done on a weekly basis, while overseas investigations are subject to local procedures, which may take anywhere from a few months to over a year. For cases where there is a high risk of assets being transferred, it may be advisable to first secure the assets and then conduct the investigation gradually.

Q5: What should I do if I find that the other party has transferred their assets overseas?

Firstly, fix the evidence such as money transfer records, and in the lawsuit, claim that the other party should receive a smaller share or no share at all according to Article 1092 of the Civil Code of the People's Republic of China, and apply for preservation to prevent the funds from being further withdrawn.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific 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 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 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. If you encounter disputes, please consult a practicing lawyer in time.