[Direct answer]In the Beijing area, evidence is collected along three lines: real estate and vehicle line (property registration, purchase contracts, loan records, driving licenses), financial asset line (bank statements, wealth management and insurance, securities accounts, provident funds), and investigation of the other party's concealed assets (large-sum transfers, evidence of third-party holding, and company equity tracing). At the same time, evidence of the other party's fault (cheating chat records, domestic violence police reports) should be secured. According to Article 1087 of the Civil Code, which stipulates the principle of protecting the rights of the innocent party, and Article 1092 of the Civil Code, which rules that concealing and transferring assets may result in a reduced share of the marital property, the evidence directly determines the amount of the marital property to be divided. Evidence collection should be completed before the other party becomes aware of it, and if necessary, a court investigation order should be applied for.

1. Problem background and typical scenarios

When deciding to divorce, all the family's savings books, property ownership certificates, and company shares are either in the other party's hands or require both parties to recall them separately. Many people's first reaction is to go home and rummage through the drawers, but this often backfires, as the accounts may be emptied or the vehicles transferred to someone else. Collecting evidence is a race against information asymmetry, where methods matter more than brute force.

II. Key points of contention

First, the boundary between personal evidence collection and privacy infringement: the evidentiary effect of secretly filmed or recorded evidence. Second, legal methods of obtaining bank transaction records. Third, the identification and remedies for concealed and transferred property. Fourth, the evaluation of the division of company equity and operational assets.

III. Professional analysis by Henglue Lawyers

First, a list of evidence must be provided first: copies of fixed property ownership certificates for each real estate unit or the results of real estate registration inquiries, purchase contracts, and investment certificates; fixed driving licenses and registration information for vehicles; fixed bank account statements for financial assets over the past two years, certificates of financial product holdings, the cash value of insurance policies, securities and fund holdings, and the balance of provident funds—for these materials that the parties can verify themselves, they should first conduct self-inspections. If they cannot obtain them, they can apply to the court for retrieval or request lawyers to investigate with a court order in litigation. Second, the legal boundaries of evidence collection: obtaining the other party's property certificates within the shared residence or querying registration information through official channels with the other party's identity information is legally acceptable. However, invading others' residences or stealing their privately stored communication records may be excluded as evidence collection methods are illegal. Chat records and transfer screenshots must preserve the original carriers and be demonstrated on the original devices in litigation, as screenshots alone have reduced evidentiary value. Third, identifying and countering hidden assets: Article 1092 of the Civil Code stipulates that those who hide, transfer, sell, or damage the couple's joint property or forge joint debts may receive a smaller share or no share in the division of assets. If such acts are discovered after divorce, the parties may sue for a redistribution of assets. Practical identification points include abnormal large-scale fund flows at sensitive time points—such as the accumulation and transfer of funds before and after separation, proxy ownership by others, and non-reciprocal transfers to close relatives—all of which are high-risk signals. Upon discovery, immediately fix the transaction records and apply for property preservation. Taking a case handled by our firm as an example: Wang *sheng and Zhang *hua married in 2006 and had a son. In 2025, Zhang *hua first sued for divorce but was denied. After that, Zhang *hua committed adultery during the marriage. Wang *sheng entrusted attorney Xiong Binrong of our firm to sue again. After securing evidence of the adultery and a list of joint assets, the attorney claimed a favorable division of assets for the innocent party. The court ruled that Zhang *hua's infidelity during the marriage constituted a major fault and, in accordance with the principle of protecting the innocent party, awarded Wang *sheng 70% of the joint assets and custody of the child. 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 as the agent. Case evidence: The double-line fixation of fault evidence and property evidence is the direct leverage for inclined division. Fourthly, equity and operating assets: The articles of association and investment information of the other party's holding company can be checked through the industrial and commercial archives. Whether the company has paid the registered capital, distributed dividends, and what the valuation is, determine the division method is discounted compensation or equity adjustment, and apply for judicial evaluation when necessary.

IV. Practical suggestions and legal basis

The first step is to conduct a self-check and investigation first: check the real estate and vehicle registration based on both parties' ID cards, and sort out the list of family accounts; the second step is to monitor the transaction records at sensitive time points and fix the evidence of large-scale abnormal transactions; the third step is to take the police records, injury reports, and original chat records as the main evidence, supplemented by witness testimonies; the fourth step is to apply for property preservation before or during the lawsuit if the situation is urgent. The main legal basis: Articles 1062, 1087, and 1092 of the Civil Code of the People's Republic of China (effective from January 1, 2021), and the relevant provisions of the Civil Procedure Law of the People's Republic of China on property preservation and evidence collection; the specific application shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

There are three key points for obtaining evidence of property: (1) Conduct a two-pronged investigation of the registration records and transaction history, and monitor any abnormal movements at sensitive junctures; (2) Secure fault evidence using legal means and preserve the original carriers; and (3) Initiate preservation measures first when detecting asset transfers, and then file lawsuits. The division rules serve as a powerful leverage in divorce property settlement cases. For such cases, the parties may seek assistance through legal channels.Divorce litigation and family disputesThe service provides a comprehensive solution, which involves the recovery of hidden assets and the execution of preservation measures that can be combined with each other.Creditor's rights and debts, and enforcementA reference for plate tectonics involving the division of equity interestsBusiness and contract disputes in enterprisesColumn, consultation on difficult casesSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Can the audio recording of the other party's infidelity, which was secretly recorded, be used as evidence?

Recording made in one's own residence or in public places, without invading others' privacy, can generally be used as evidence; however, recordings obtained by eavesdropping on others' private spaces may be excluded, as the method of obtaining the evidence determines its validity.

Q2: How to check how many properties a person owns?

Apply to the court for an investigation in the lawsuit based on the materials related to the interest, or apply for an investigation order through a lawyer to inquire about the real estate registration; the clues before filing a case mainly rely on the family's investment certificates, contracts, and property documents to deduce the information.

Q3: What should I do if the other party has transferred the deposit to their parents?

The fixed transfer records show that the plaintiff claims that the money was transferred as the couple's joint property, and demands a smaller share or no share at all. If there are large-amount transfers without a valid reason or consideration, the court usually rules that the involved party should return the money for division.

Q4: How are the company's equity shares divided during a divorce?

First, confirm the time of acquiring the equity and the source of the investment. The rights and interests formed by investing with marital assets after marriage belong to the common property; if the other shareholders do not agree to join the partnership, the shareholder can offer compensation at a discounted price, and if necessary, the price can be determined through judicial appraisal.

Q5: What should I do if I discover that my spouse hid assets after the divorce?

According to Article 1092 of the Civil Code, the party who discovers the concealment of property may file a lawsuit with the court to request a re-division of the property within 30 days from the date of discovery. The party who conceals the property may receive a smaller share or no share at all. It is important to keep relevant evidence of the time of discovery.

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

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 limits.Divorce litigation legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute formal legal advice for specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer promptly.