Although my country's "Marriage Law" has clearly stipulated that in divorce cases, when one party conceals, transfers, sells, or destroys the joint property of the spouses, or forges debts in an attempt to misappropriate the other party's property, The people's court may impose sanctions in accordance with the provisions of civil litigation. However, in actual practice, many couples do not do property justice due to feelings and face, so that when they divorce, they often cannot find conclusive evidence, resulting in hiding and transferring the joint property of the husband and wife. All these consequences The biggest obstacle for victims to obtain compensation. Based on Director Wang's article, the reporter conducted in-depth interviews with various courts. We hope that the following cases and countermeasures can inspire you and help you prevent problems before they occur. A man who changed his mind secretly hid real estate—hiding information about his real estate in an attempt to occupy more of the couple’s property.
In July, Liu Yun came to the Harbin Dongli District Court to formally file a divorce lawsuit against her husband Xiao Jun with evidence that her husband had secretly hidden real estate. In fact, as early as a year ago, the couple, who had been married for ten years, were already incompatible because Xiao Jun had an affair. When Liu Yun knew all this, she filed for divorce, and her husband had no objection. However, when they divided their property, Liu Yun, who had always cared about money, discovered that the couple had only saved 20,000 yuan in these years. Liu Yun saw that her husband had retained a "hand", so in order not to suffer this "dumb loss", she did not rush for a divorce, but began to investigate her husband's financial situation through her connections.
After investigating for a period of time, Liu Yun did not find that her husband had any other bank deposits, but she knew in her heart that based on their daily expenses, they could have saved 100,000 yuan in these years. Liu Yun recalled that when she first suspected her husband of having an affair, she followed him to a house in Daowai District, Harbin, and found him dating a woman. Later, her husband admitted that he often spent the night at this woman's house. After Liu Yun learned from the side, this third party was a massage girl who came to Kazakhstan to work, so Liu Yun went to the real estate department to find out the property rights of the property. As expected, the owner of the house was her husband Xiao Jun. It turns out that Xiao Jun secretly purchased a house two years ago for more than 100,000 yuan. After obtaining conclusive evidence, Liu Yun regained his property in court. Countermeasures: Investigate hidden places in privately-hidden houses
In divorce cases, it is common for one party to conceal information about the real estate they own. Some scheming parties have already purchased another real estate privately before facing divorce. During the divorce, the home buyer never mentions that there is another property, and the property is naturally not included in the division of the property. Faced with such a thing, one party must understand that the process of purchasing a house actually takes a long time. When the couple gets along on a daily basis, some clues will inevitably be revealed. Therefore, if you find that the other party’s behavior is mysterious or abnormal during the divorce or some time before the divorce, and you suspect that he may have another property, you should pay attention to search for the other party’s receipts or deposit records to see if there are any large payments over a period of time. , as well as records of remittances to real estate companies, etc. If the other party behaves in a secretive manner like Xiao Jun mentioned above, and there are no clues to be found, then reasoning must be used to determine whether to purchase real estate. For example, suppose one party purchases another property, for what purpose? If it may be used by your lover, you can try to investigate the lover's residence. After finding the house number, go to the real estate trading center to check the property rights of the house; if it may be used by relatives, you can first determine the scope of the investigation, and then exclude them one by one. It should be noted that in general, after a party purchases a house privately, it is unlikely that the house will be vacant. Even if all the above investigations fail, it is necessary to pay close attention to whether one party has dealings with a real estate agency to see if there is a possibility of renting it out. Usually, when one party intentionally hides real estate, it is difficult for the other party to complete the above investigation matters solely by relying on the other party's own strength and ability. Therefore, hiring lawyers with professional experience and relevant investigators can also avoid detours.
Secretly sold the house before the divorce - disposed of the same property, and "squandered" the proceeds alone. In our country, there is generally only one name on the property ownership certificate, that is, a house owned by a husband and wife only has the name of one of them. So this cannot rule out the possibility that one party will transfer the property to another person's name without authorization, arbitrage, and transfer cash during the divorce. There was such a case in the Daowai District Court of Harbin City recently. The couple had been separated for a long time due to emotional friction. When the wife, who had been back to her parents' home for many days, wanted to come back and divorce her husband, she found that the house was empty. It turned out that the property ownership certificate of the house was originally in her husband's name, but the scheming husband deliberately changed it. The wife got angry and secretly sold the house and left. When he met his husband, he said that he had lost money from selling the house in business and had spent it on food, drinks and entertainment. Countermeasures: Determine the object and time of buying a house
Generally speaking, during divorce, it is illegal for one party to dispose of the joint property of the couple without authorization, and the court can revoke the contract. According to the judge of the Daoli District Court, using this method to conceal and transfer property is not a very clever way of handling it, but the purpose of one party still using it is to find a reason to spend money to escape after obtaining cash. It must be said that this It's a clumsy but still effective transfer method. To deal with such a thing, the other party must grasp the following two points: the object of the house transaction and the time.
To determine the transaction partner, you must find the current owner of the house and see if they know the fact that "this house is the property of the same owner." If they know, then it is "acquired with bad faith" and you can ask the court to revoke the contract. On the contrary, if you don't know, you can only deduct it from the property the seller deserves based on the specific circumstances. If you sell the house to your parents, the court will still rule that the transaction is invalid, thus fundamentally protecting the rights and interests of the other party.
The purpose of determining the transaction time is to collect favorable evidence and to defend against the other party’s possible claim that all the money for selling the house has been exhausted. For example, if one party claims that the house payment has been consumed, the court will usually not accept it if the transaction time is short. Therefore, the wife in this case should go to the real estate transaction center to inquire about the time of the transaction and the object of the transaction.
A cunning man buys a house and "gives it away" - in order to get more property during divorce.
Wang Dan never thought that after being married for more than 20 years, her husband had always hidden his selfish intentions from her. Wang Dan and her husband Li Kai both have stable jobs. In his spare time, my husband opened a company in partnership with his friends. Over the past few years, their company has grown to a considerable scale. But this year, when Wang Dan and Li Kai divorced due to long-term emotional discord, there was a problem with the division of property. The husband said that all the money earned by the company was spent. Wang Dan did not believe Li Kai's lie that all the money was spent, but he could not find where the money was. Over the years, Li Kai's brother and sister have bought houses respectively. Wang Dan has never understood where they got the money. Now Wang Dan finally understands that it was Li Kai who paid for the house in the name of his brother and sister in order to have more possessions in the event of divorce. Much property. Countermeasures start with investigating the properties of relatives and friends
During the relationship between husband and wife, the property is purchased in the name of another person, but he is the actual owner of the property. After the divorce, the property is transferred to his own name. Things like this usually happen when a couple has been at odds for a long time, divorce is inevitable, and one party has a relatively generous income. Parties who are worried about this can find out the other party's flaws from several aspects. 1. Because of the huge value of real estate, the parties generally will not purchase the real estate in the name of ordinary friends, but the most common purchase is in the name of parents, siblings. Therefore, this may be the case if a parent or sibling who is not well-off suddenly owns a property. 2. Find investment clues from the transaction time. According to the time of payment for the house purchase, recall whether one party has any major financial expenditures or abnormalities during this period. If possible, check the flow of funds in the bank passbook of one party. 3. You can directly check the source of the bank where the real estate company’s house purchase money was transferred. If it happens to be the husband’s account opening bank and husband’s account, this is the most powerful evidence.
Before marriage, the couple bought a house together and it was taken as their own—the house purchased by both parties before marriage was recorded in one person’s name, leaving hidden dangers for the division of property during divorce.
Zhang Xiatao and Yu Xiaohui are a typical pair of "early knot and early separation" type. After less than three years of marriage, the young couple started to divorce. They have no savings and only buy a house, appliances, furniture, etc. for their wedding. Zhang Xiatao asked Yu Xiaohui to take whatever she wanted, but Yu Xiaohui couldn't accept it. She wanted to share a house with Zhang Xiatao. However, in court, Zhang Xiatao pointed out that the house was bought with his own money before the marriage and should not be divided according to the marital property. At this time, Yu Xiaohui shouted that she had been deceived and told the truth. The house was indeed purchased before they got married, because at that time the developer was liquidating the remaining houses and it was much cheaper than the market price. In order not to lose the opportunity to buy a house, they invested in the house purchase without getting the marriage certificate. When going through the house purchase procedures, Zhang Xiatao, who had contributed more money, naturally put the property in his own name. When facing divorce, Zhang Xiatao denied the fact that both parties had contributed money. Countermeasures: Find evidence that *** bought a house together
According to the trial judge, because they were unwilling to lose the opportunity to buy a house, the two parties invested in purchasing a house before receiving their marriage certificate. However, when going through the house purchase procedures, " The "smart" party used the excuses of "it is inconvenient to get a loan" and "he cannot own a house without a marriage certificate" to manage the property in his own name. However, when the divorce came, he flatly denied that the other party had contributed the capital. fact. It is indeed difficult to explain this kind of right and wrong thing clearly, but it is not completely impossible, as long as Yu Xiaohui has enough evidence to prove that she actually contributed money to buy the house. For example, she can check the bank records of investment remittances or credit card swiping records, or she can find the person who originally sold the house to provide evidence of the same investment. It is worth noting that such disputes are increasingly occurring among young couples. When they jointly contributed money to buy a house before marriage, they both had a high degree of trust in each other and did not think about the problems they might encounter later. Often one party suffers a big loss when they get divorced. Therefore, in order to avoid such disputes, the most important thing is to reach an investment agreement with the other party and leave written certificates or witnesses when investing in buying a house before marriage. Although this is a bit difficult for young men and women who are in love and about to get married, it is the best way to avoid disputes after all. There are many ways to transfer deposits - withdraw the funds from savings or salary cards and deposit them in another account, hand over the remaining salary cards to the court for division, and claim that the rest has been used for family living expenses.
Xu Kuan and Sun Baoping, both state civil servants, recently came to the court for divorce. Both of them said that the other had hidden their joint property.
Because the couple had been at odds for many years, they had managed their own income many years ago. Sun Baoping believed that the husband gave the money to her mother-in-law, and Xu Kuan believed that the wife gave the money to her parents' family. They often quarreled over family expenses. In August this year, the two had conflicts again and were about to divorce and separate, but they had differences when it came to dividing money. Sun Baoping said that her husband's monthly salary is 2,000 yuan, and there are various bonuses at the end of the year. It is impossible for him to have no money in his bankbook based on his expenses. Xu Kuan also believes that his wife transferred the couple's previous savings of 50,000 yuan to other places instead of spending it. The money on the salary card is only the basic salary. He would suffer a lot from such a division. Countermeasures: Carefully grasp savings information
In this case, the key is to provide evidence of the hidden property. However, there are also difficulties in investigation. According to our country's laws, neither parties nor lawyers have the right to inquire about bank deposits. Only the public security and judicial departments have this right. Practice has proven that for inquiries about whether one party may have hidden property during a divorce, a unilateral application can only be made to the court during the litigation stage. However, it should be noted that only when detailed information such as the account number and the bank where the account is opened will the court support it. Therefore, in daily life, couples should pay attention to collecting receipts for each other's withdrawals, and pay attention to mastering each other's savings information, especially remembering the bank and account number where the account is opened.
Another situation is that the other party clearly knows that there is a deposit, but the other party withdraws it without authorization, verbally claiming that the money has been used for daily expenses, but actually depositing it in another bank in the name of another person.
In this regard, a senior divorce trial judge reminded people who are so confused that in divorce cases, courts generally do not accept applications to investigate deposit accounts of third parties outside the case. When you feel that the other party's deposits are not used for living expenses as he said, but may be stored in other people's names, you can consider: investigating the time when the deposit was withdrawn, and recalling whether there were reasonable living expenses during that time; withdrawing the deposit If it is a huge deposit, it will not be exhausted in a short period of time; prepare the normal living expenses and relevant evidence of one party as evidence of rebuttal and defense, and pay attention to collecting other relevant facts and evidence.
The company run by a husband and wife is "dry compensation" - the wife works as an accountant and the world changes drastically, and the divorce monopolizes the money.
Jiang Hua did not expect that he would be deceived by his wife, whom he had been with day and night, and would soon face the situation of losing his wife, losing troops, and being heavily in debt.
Jiang Hua and his wife opened a mom-and-pop shop in a prosperous area of ??Xiangfang District, Harbin, selling office supplies. Jiang Hua is responsible for running away from home, and his wife is responsible for accounting. This spring, his wife did his job again and again, asking him to borrow money from his natal family in order to facilitate financing and expand reproduction. At the instruction of his wife, he came forward to borrow 30,000 yuan, set up an IOU and signed his name.
Half a month ago, my wife suddenly filed for divorce on the grounds of broken relationship. Only then did he discover that the store he had worked so hard to run had been operating at a loss. According to the current accounts, not only did he not make a penny, but he owed the manufacturer 20,000 yuan in payment. In addition to the 30,000 yuan he borrowed from his wife's natal family, the couple's total debt is as high as 50,000 yuan. This result was something he couldn't accept no matter what. Because the business of the small shop has always been good and the customer flow is constant, it is rare to see my wife being too rich to start a business. They got married in 1997 and opened the store in 1998. When they opened the store, the couple had already saved 20,000 yuan. He couldn't understand how this business could make him poorer as he became more prosperous. Countermeasures to apply for property protection
The president of the civil court of the Daoli District People's Court of Harbin City believes that although one party to a marriage has various means of transferring property, they are not impeccable. Taking Jiang Hua as an example, it is not difficult to find loopholes as long as you carefully review the store's accounts and visit banks, purchasing manufacturers, and long-term customers. The safest way is to go to the court to apply for property preservation as soon as there are signs of divorce, and the court will "supervise" all property. Hiding income from investing in shares - high means of hiding shares
Both Xiao Jia and Lin Song had stable jobs. When they first got married, they lent all their financial gifts of 50,000 yuan to a friend as shares to start a business. company. Later, the company was doing well. Every year when dividends were distributed, Lin Song would buy some small gifts for his wife and tell her that they had made some money and had invested in additional shares. Over the past few years, my friend's company has grown to a considerable scale, and the 50,000 yuan invested by Xiao Jia and Lin Song has appreciated dozens of times in value. But this year, when Xiao Jia and Lin Song divorced due to emotional discord, there was a problem with the division of property. The 50,000 yuan invested that year should have snowballed into 500,000 yuan or even 1 million yuan, but Lin Song only spent 50,000 yuan to share with Wang Dan. Wang Dan checked the accounts of his friend's company and found out that he only invested 50,000 yuan in shares, and Lin Song took all the annual dividends. Wang Dan didn't believe Lin Song's lie that he had spent all the money, but he couldn't find where the money was. Countermeasures for the joint management of intangible property
During divorce, the division of company and enterprise property shares has gradually become a new focus during the divorce case trial. Because the shareholder list of companies and enterprises can be checked at the industrial and commercial registration office, the means of concealing property are limited to investing in shares in the name of others and acting as an anonymous shareholder yourself. As for the division of property of companies and enterprises, the main problem is that the company's financial irregularities or "two books" bring inaccurate accounts. Even if the assets are audited by the court, the result is often "high value and low evaluation." Therefore, assets such as stocks, funds, and treasury bills should be managed jointly between husband and wife.
The "poor" husband actually has a huge amount of property - on the eve of the divorce, the wife discovered that her husband had registered several patented technologies.
Wang Huixian and Sun Dehui are both from Qing'an County, Heilongjiang Province. They registered their marriage in 1984 and later gave birth to a smart and lovely daughter. At that time, they had a small but very happy and warm family although they were poor.
Sun Dehui is a man with a flexible mind who refuses to be mediocre. In 1988, after Sun Dehui attended graduate school at his own expense, he went to Beijing with his classmates to start his entrepreneurial journey. Wang Huixian was transferred to a unit in Harbin to work as an accountant, and moved to Harbin in 1994. In the days that followed, Wang Huixian and Sun Dehui continued their long separation life in two places. Sun Dehui regularly sent some living expenses home, while Wang Huixian took care of their daughter and waited for her husband to return home in rich glory.
For more than ten years, Sun Dehui only went home once or twice a year, staying for five or six days each time. Therefore, Wang Huixian always wanted to visit her husband in Beijing, but Sun Dehui always opposed it. Gradually, there was less and less news about Sun Dehui in Beijing, and he went home less frequently. After Sun Dehui did not come home for two consecutive years, in June 2004, Wang Huixian received a divorce agreement "flyed" from Beijing. The divorce agreement clearly states that Sun Dehui will divorce Wang Huixian and divide a 60-square-meter house in Nangang District, Harbin, where Wang Huixian and her daughter currently live. With this agreement, Wang Huixian was at a loss because Sun Dehui had never told his wife the true situation of his stay in Beijing, so Wang Huixian only vaguely knew that her husband seemed to have applied for some patented technology in Beijing and opened a company, but the specific situation was unknown. Know. Now that her husband is getting a divorce and dividing her only house, Wang Huixian feels increasingly chilled by the thought of this, but there is nothing she can do. Countermeasures: Use the Internet to obtain patent information
Regarding this case, the reporter interviewed Director Wang Baichun of Harbin Dongxu Law Firm. He said that intellectual property rights, as intangible property, have considerable significance compared with traditional property. Due to its special nature, the resulting disputes over hidden property in divorce are even more hidden. If you want to find out, you may have to use high technology. Since you have applied for patented technology, you should be able to check the relevant information on the Internet. Enter the other party's name into an Internet search engine to find information or web pages related to his or her name. Especially for registered patented technologies, there will be relevant information on the Internet. After finding the clues, you can go to the relevant department to issue written evidence, and you can also ask an accountant to calculate the income from the patent.
Director Wang also pointed out that in terms of division, intellectual property rights are generally owned in the name of one party and have strong personal attributes, which means that the intellectual property rights are difficult to separate from the owner of the intellectual property rights. However, according to the provisions of my country's new Marriage Law, the income from intellectual property rights during the relationship between husband and wife is the joint property of the husband and wife. Therefore, the above-mentioned Sun Dehui should distribute half of the income to his wife.
A strategy to divert the tiger away from the mountain - transfer "large" property
Because they are in the "cold war" or "firefight" period, it is difficult for both parties facing divorce problems to stay at home like a normal couple get along. Therefore, more than 30% of couples choose to live apart. Even if they are still "staying" in one room due to restrictions, the concept of "home" is just a "hotel" or a place to vent anger. When the conflict intensifies to a certain stage, one party will take advantage of the other party's unpreparedness to transfer valuable items at home, such as refrigerators, TVs and other large consumer goods, to the "parent's family" or elsewhere, or deny that certain relatives have property. . Countermeasures
Pay attention to collecting and keeping the purchase invoices of furniture and electrical appliances. If you have a hunch that the other party may transfer hidden property, you can invite two friends to your home, use a camera to film the appliances, and then ask the friends to testify. Sign the home property inventory. If you find that household appliances have been moved, call the police immediately to strengthen the court's acceptance of the case. News link notarization can prevent malicious intrusion of property
Wang Yalin, a lifestyle research expert at Harbin Institute of Technology, believes that notarization of marital property is a panacea for preventing property transfer in divorce.
He pointed out that with the continuous improvement of living standards, the composition of property has also undergone tremendous changes. Modern people's wealth is no longer limited to cash, jewelry, and real estate, but has become diversified. These include fixed properties, such as cars, home appliances, and furniture; financial assets, such as equity, futures, stocks, insurance, etc.; and intangible assets, such as intellectual property, copyrights, patent rights, and trademark rights. Very complicated. If during the continuation of the marriage, the husband and wife do not make a clear agreement or notarization on the ownership of these properties, then one day they will "fly away when disaster strikes", and they will inevitably be troubled by the division of property. Although the family is not a utilitarian place, as the market mechanism continues to enter the family, notarization of marital property is imperative.
Wang Shichang, a sociologist at the Heilongjiang Academy of Social Sciences, said that the methods of notarization of marital property are flexible and diverse. It can be agreed and notarized before marriage on the property owned before marriage and the ownership of property that may be acquired after marriage. The property acquired can also be notarized at any time after the marriage. Couples who are afraid of trouble can also sign a written agreement, which does not need to be approved by any department, which is also legally binding.