When one party conceals the transfer of joint property during divorce, Article 1092 of the Civil Code allows for less or no division. Lawyer Shen Jinlong combines case analysis to provide evidence and pursue accountability

Preliminary opinion: The prerequisite for receiving less or no points is "verification"

Article 1092 of the Civil Code stipulates that if one spouse conceals, transfers, sells, damages, or squanders the common property of the couple, or forges the joint debt of the couple in an attempt to embezzle the property of the other spouse, in the case of divorce and division of the common property of the couple, the other spouse may receive less or no share. After divorce, if the other party discovers the above-mentioned behavior, they can file a lawsuit with the people's court to request the division of the joint property of the couple again.

Pay attention to the two words' can '. It's not necessary to score less, the judge has discretion. We usually advise the parties involved not to just shout 'he has transferred', but to focus on specific property clues. For example, for a large transfer, who to transfer it to, when to transfer it, and whether there is a reasonable reason. The court is looking at the chain of evidence, not emotions.

What is a hidden transfer? Common situations are more covert than you think

Hidden, typically involves transferring deposits to family and friends' accounts, not reporting private funds, and not disclosing overseas accounts. Transfer, such as transferring property to parents at a low price during marriage, or transferring company equity to partners for zero consideration. Selling, such as suddenly selling cars, stocks, or funds before filing a lawsuit, with the money missing. Destruction and extravagance, such as intentionally smashing common property, engaging in large-scale gambling, or rewarding broadcasters.

Another easily overlooked option is debt forgery. Ask relatives to write a fake loan note, stating that they owe 3 million yuan and want to use their joint property to repay it. This type of operation is not uncommon in family cases of small and medium-sized enterprises in Shenzhen. Once verified, Article 1092 shall also apply.

Proving is difficult: the court will not check the other party's bank card for you

Many parties may think that as long as they tell the judge about the transfer of property, the court will investigate. In fact, civil litigation follows the principle of "whoever claims, who provides evidence". You need to provide preliminary evidence, such as bank statements showing abnormal transfers, sudden changes in property registration, and changes in company business information and equity. Only with clues can we apply for a court investigation order or gather evidence.

The issuance of investigation orders by Shenzhen courts is relatively standardized. For example, if you know that the other party has an account at a certain bank but cannot obtain transaction records, you can apply for an investigation order and have a lawyer issue the order to investigate. In terms of the deadline, the application for investigation and evidence collection generally needs to be submitted before the deadline for presenting evidence expires. The evidentiary period for the first instance ordinary procedure shall not be less than 15 days, and the simplified procedure shall be even shorter. Missing a node and wanting to make up for it later, the difficulty suddenly increases.

Accountability Path: To file in divorce proceedings or to file a lawsuit after divorce

If the divorce lawsuit is still ongoing, directly advocate for the other party to divide the property less or not. After verification by the court, a proportional adjustment may be reflected in the judgment. If the divorce has already taken effect and you later discover that the other party has transferred property, you can file a lawsuit under Article 1092 to request another division. Attention to statute of limitations: Three years shall be counted from the day after discovery, and the ordinary statute of limitations under Article 188 of the Civil Code shall apply to these three years.

In practice, for litigation involving further division, the jurisdiction court is usually the original court or the court where the defendant resides. If the property has been transferred, whether it can be recovered depends on whether the transferee is in good faith and has paid reasonable consideration. If the other party sells the house to their own younger brother at a low price with obvious malice, the court can determine that the transfer is invalid or revoked. But if a third party obtains it in good faith, the difficulty of recovery becomes greater, and the only option is to claim compensation from the transferring party.

How can the court handle the proportion of being evenly divided

The law does not specify how much is deducted. We consider factors such as the proportion of transfer amount to common property, subjective malice level, and whether it affects the other party's basic livelihood when examining cases in Shenzhen. Assuming a joint property of 5 million yuan, if one party transfers 2 million yuan, the court may rule that the transferring party should receive less, such as only 40% of the remaining portion. In extreme cases, if all transfers are made and the circumstances are severe, the judgment may not be given. But this is only a bias towards similar cases, not a commitment to individual cases. Each case has different evidence, and the results can vary greatly.

Lawyer Shen Jinlong (Guangdong Zhiming Law Firm) reminds that when advocating for equal distribution, it is best to apply for property preservation at the same time. The Shenzhen court reviews preservation applications quickly, but requires the provision of guarantees. The security was delayed, the money was transferred, and even if we win the lawsuit, it will be difficult to enforce.

The transfer of company equity and real estate requires more complex evidence collection

The proportion of real estate in Shenzhen's family property is high, with 70% of divorce cases involving property disputes. This statement is not exaggerated. If the other party transfers the jointly owned house to relatives, you need to go to the real estate registration center to check the transfer time, price, and transferee relationship. The price is significantly lower than the market price, which is an important point of doubt. Corporate equity is more complicated and may involve proxy holding and related party transactions. At this point, it is necessary to cross compare business documents, financial statements, and bank statements.

For properties with small property rights and historical legacy, it is difficult to confirm the ownership itself, and the transfer of ownership can prolong the period of rights protection. If you have similar confusion, you can first take a look at the practical articles in our marriage and family column, such as the 70% dispute over property in a divorce case in Shenzhen, the other party dragging on, and how to divide the 8 million yuan property? In addition, 70% of the divorce cases in Shenzhen involved property disputes, and nearly 8 million yuan of pre marital property was divided. The lawyer reviewed the situation and explained the basic methods for sorting out property clues.

After discovering the other party's transfer, these steps should be taken as soon as possible

The first step is to fix the evidence. Bank statements, WeChat chats, transfer screenshots, property searches, business information, printable and notarized. The second step is to apply for property preservation, freeze the account or seal the property. The third step is to clearly state the request for equal distribution in the lawsuit and attach a list of evidence. Step four, if the divorce has already taken effect, file a separate lawsuit within three years to divide it again.

Don't startle the other party when negotiating on your own. We usually recommend collecting evidence quietly first, and then deciding whether to negotiate or file a lawsuit directly. When handling marriage and family cases, Guangdong Zhiming Law Firm usually conducts a round of property due diligence first to gather clues before taking action. Lawyer Shen Jinlong (Guangdong Zhiming Law Firm) often reminds that the division of divorce property is not about dividing the cake, but about seizing time. If you take a step slower, the money may be gone.

Lawsuit statute of limitations and re division, don't step into these two pitfalls

The first pitfall: thinking that they can split up at any time after divorce. wrong. Three years from the day after the discovery of the transfer behavior, if the other party raises a defense after the statute of limitations, the court may not support it. The second pitfall: In the lawsuit of dividing again, they only focus on the already divided parts and forget about the newly discovered property. The object to be divided again is the "unsegmented" or "hidden transferred" property, not the one that has already been divided and then flipped out and divided again.

In addition, if the transfer occurred long before the divorce, but you knew about it at the time of the divorce but did not mention it, and then sued again on this grounds after the divorce, the court may consider that you had already given up your claim at that time. So, if you know, you should advocate in a timely manner. It's better to bring the materials and see a lawyer for sure than to regret afterwards.

At the end: Evidence is more important than legal provisions

Article 1092 of the Civil Code is a knife, but the handle of the knife is held in the hands of evidence. Without transfer records, no traces of property changes, and no documents of company equity changes, it is difficult for the court to determine hidden transfers. The review of such claims by Shenzhen courts increasingly emphasizes objective evidence and the flow of funds. To minimize or not divide the other party's property, first confirm the clues.

If you are experiencing divorce property division and find that the other party has abnormal transfers, sudden house sales, or equity changes, it is recommended to consult as soon as possibleShenzhen Divorce LawyerThe Marriage and Family Affairs column has more information about 50000 couples divorcing in Shenzhen every year. What if the other party stays together? Lawyer Futian dismantled a 20 million yuan old house in Shenzhen, and siblings fought for more than two years. The practical analysis of how to divide the property left by their parents can be compared with their own situation. If you need to have a face-to-face meeting, you can also take a look firstShen Jinlong LawyerIntroduction page for background information.

Author: Lawyer Shen Jinlong, Guangdong Zhiming Law Firm. I have been practicing for many years, specializing in resolving marriage, family affairs, and property disputes. Consultation hotline: 0755-25986969. Address: Futian District, Shenzhen (please make a phone appointment in advance for specific visits).

Disclaimer: The content of this article is based on current laws and regulations and public practical experience, for general reference only, and does not constitute legal opinions or commitments on any specific case. The facts, evidence, and jurisdiction of each case are different, and the judgment may vary. If you are facing a specific dispute, please promptly entrust a professional lawyer and submit complete materials for evaluation. The author of this article and Guangdong Zhiming Law Firm shall not be held legally responsible for any decisions made based on the content of this article.