[Direct answer]In the Beijing area, lawyers do not have the unilateral right to "investigate household information". To investigate property, they must rely on two methods: clues provided by the parties themselves (property ownership certificates, vehicle information, account screenshots, and receipts from their joint lives), plus applying for court investigation orders in litigation to retrieve information from real estate registration, banks, securities, vehicle management, industry and commerce departments, etc. The scope of investigation covers real estate, deposits, financial management and insurance, vehicles, equity, provident funds, and intellectual property income, etc. According to Article 1092 of the Civil Code of the People's Republic of China, if the other party hides or transfers property, the party may claim a smaller share or no share after the investigation is completed.

I. Problem Background and Typical Scenarios

"How many houses does he actually own?" "How much money is still in her account?" The first thing divorce litigants often want to do is to hire someone to investigate every detail of the other party's assets, and some even look for "private detectives" online—but this approach is a waste of money and may even be illegal. The proper procedure is for a lawyer to help you compile a list of clues and organize the evidence-gathering process, and then have the court handle the verification work.

II. Key points of contention

First, the scope of application of the investigation order and the degree of cooperation from various institutions. Second, whether it is possible to apply for a "broad-based" inquiry when there are no clear clues. Third, whether it is possible to conduct an investigation during the marriage or whether it is necessary to initiate litigation first. Fourth, how to convert the findings into a division of shares and enforcement after the investigation.

III. Professional analysis by Henglue Law Firm

Property inventory is a basic skill for family lawyers, and Henglue Law Firm's practice can serve as a vivid demonstration. In a cross-border divorce case handled by Attorney Xiong Binrong, Ms. Zhang and Mr. Liu registered their marriage in 1991 and had a daughter. Both were foreign nationals who had lived in Beijing for a long time. The man's infidelity led to the breakdown of their marriage. Since both parties were foreign nationals and could not register for divorce at the domestic civil affairs bureau, the case had to be settled through court litigation. After accepting the case, the first thing Attorney Xiong Binrong did was to conduct a comprehensive property inventory: he verified the ownership and current status of the couple's Beijing real estate, overseas properties, deposits, financial products, and pension memberships one by one. He then proposed a division plan whereby each party would own their own assets and assisted in preparing materials such as identity certificates, marriage certificates, and property ownership certificates to ensure the smooth filing of the case. Ultimately, the court mediated an agreement to dissolve the marriage and confirmed the property division through judicial procedures. The mediation agreement and judgment have the same enforceability. This case demonstrates the complete value chain of property inquiry: verification is essential for division, and division is essential for enforcement - the property provisions in the divorce agreement or mediation agreement will not leave loopholes unless the ownership is clearly verified. In practice, lawyers can assist in applying for investigation orders to inquire into matters including real estate registration information, bank account transactions, securities and fund holdings, vehicle registrations, company equity and industrial and commercial archives, as well as provident fund and pension accounts. For properties suspected of being held on behalf of others or involving cash transactions, lawyers can trace the funds flow and sort out the family relationships to find clues. Although Beijing courts generally approve investigation orders in family cases, requests for investigating all the other party's bank accounts without clear clues are less likely to be supported. The precision of the clues determines the efficiency of verification. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical Suggestions and Legal Basis

The first step is to organize a list of clues on your own: real estate ownership certificate number, license plate, bank account opening branch, work unit and the company where you work; the second step is to apply for a court investigation order to verify the clues separately after entering litigation; the third step is to apply for retrieving the complete details of the other party's main account if you find abnormal large-sum cash flows; the fourth step is to claim a smaller share or no share in the division and apply for preservation if you find concealed and transferred assets. Main legal basis: Article 1062 and Article 1092 of the Civil Code of the People's Republic of China (effective from January 1, 2021); the relevant provisions of the Civil Procedure Law of the People's Republic of China on evidence retrieval and lawyer's investigation orders; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

Three key points for property investigation: lawyers prepare a list, the court verifies the information, and the more detailed the clues are, the faster the process will be; first secure the evidence and then reveal it; if the transfer of assets is confirmed, the party involved will receive a smaller share according to the law; refuse to hire private detectives, as obtaining evidence beyond their authority may backfire on them. For divorce-related property investigations, you can proceed through the following channels:Divorce litigation and family disputesYou will receive a comprehensive solution for the service, which can be integrated with property execution if necessary.Creditor's rights and debts, and enforcementFor plates involving the sorting out of foreign-related property, you can refer to the relevant information for reference.\nFinancial capital and cross-border transactions involving foreign entities.For any questions or difficulties, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Can I find out the other party's assets without hiring a lawyer?

An individual does not have the right to retrieve others' bank transaction records and registration information. They can only make claims based on the clues of documents they have obtained. After entering litigation, they can apply to the court to retrieve the information themselves, but it is more efficient for lawyers to organize the clues and advance the proceedings.

Q2: Can I check the case first before filing a lawsuit?

An investigation order generally needs to be applied for after the litigation process begins. Before litigation, evidence is mainly preserved by oneself. In urgent situations, one can consider pre-litigation preservation and seeking the assistance of a lawyer to fix public information.

Q3: How much does it cost to check someone's assets?

The application for an investigation order itself is free of charge, and the main costs are attorney's fees and possible preservation fees. Compared with the subject of the dispute, the investment is limited. The key is not to reveal one's hand and tip off the other party before verification.

Q4: Are we guaranteed to get the money we find?

The jointly owned property of the couple shall be divided in accordance with the law. If the other party conceals or transfers the property, the claimant may request a reduced share; however, if the case involves the rights and interests of third parties or defenses against debts, it will need to be reviewed separately. The claimant cannot simply take all the property once it is found.

Q5: How long will it take to finish the review?

Regular real estate, vehicle, and industrial and commercial inquiries are conducted on a weekly basis; bank transaction records and securities details are processed in cooperation with relevant institutions on a weekly to monthly basis; complex equity tracing and overseas investigations take longer, and the overall process depends on the progress of the litigation.

The above answer is based on the judicial practice in Beijing. The adjudicative opinions in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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 publicly available adjudication rules, and is provided 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 a timely manner.