When husband and wife have a good relationship and love each other very much, they are often inseparable. They can handle family affairs happily and control the same property. Once the relationship between husband and wife breaks down due to various factors and goes their separate ways, they will face the problem of property division. Especially when one spouse's income is higher and the other spouse's income is lower, whether the spouse with higher income can be honest with each other in the face of emotional entanglements or even enemies and not hide his property often determines whether the legitimate rights and interests of the disadvantaged spouse can be guaranteed. Therefore, in divorce proceedings, it is undoubtedly an effective way to ensure a fair division of property for both husband and wife to declare the same property truthfully.
As we all know, people's property forms are diverse and complicated. In addition to traditional banks, Internet platforms such as Tenpay and Alipay have also become tools for people to save money. Some people will also buy real estate, vehicles, futures, stocks, funds, insurance, bonds and other property, and may also buy virtual property. I'm afraid some people can't completely sort out their property status for a while. Coupled with the enhancement of people's privacy awareness and border awareness, some people may not tell their relatives about their personal property completely and truly.
Moreover, it is extremely rare for couples to be honest when their feelings are not harmonious. It seems that hiding property is also a routine "little trick". The new property declaration system in the Law on the Protection of Women's Rights and Interests is expected to become a relief way for vulnerable groups to safeguard their rights and interests. According to Article 67 of the Law, during the divorce proceedings, both husband and wife have the obligation to declare the property jointly owned by husband and wife to the people's court. If one party conceals, transfers, sells off, damages or squanders the property jointly owned by the husband and wife, or forges the debts jointly owned by the husband and wife in an attempt to seize the property of the other party, the husband and wife may divide the property jointly owned by the husband and wife with less or no property at the time of divorce.
This provision will effectively deter attempts to conceal the joint property of husband and wife, and "the more greedy they are, the more they occupy". Because according to the provisions of the Civil Code and the Law on the Protection of Women's Rights and Interests, if one party conceals, transfers, sells, damages or squanders the property of the husband and wife, or encroaches on the property of the other party or has other faults, it can divide the property less or not. At the same time, the Law on the Protection of Women's Rights and Interests also gives the other party the right to inquire, that is, in the process of divorce proceedings, if one of the husband and wife applies to inquire about the property registered in the other party's name, and it is really impossible to collect it by itself due to objective reasons, the people's court shall investigate and collect evidence, and the relevant departments and units shall provide assistance.
In addition, under the background that technology has been developed and information has been fully enjoyed, there is no technical problem in inquiring about real estate under other people's names. For example, in order to solve the problem of difficult execution, according to the regulations of the relevant departments, the execution system of the people's court can realize the "total-to-total" inquiry of the deposits of the executed person in many banks and platforms such as Alipay and Tenpay, as well as property such as real estate, vehicles, stocks and funds. This means that there is little room for a spouse to hide his property unless he transfers it to someone else. This also means that the party who fails to declare the property truthfully in divorce proceedings will face many adverse consequences such as a small share of property.
Protecting the legitimate rights and interests of the disadvantaged party in marriage and family relations, such as full-time wives, is an issue that cannot be ignored. In the process of divorce proceedings, husband and wife truthfully declare the same property, which is an innovative institutional arrangement with extraordinary value and significance. Of course, the system needs to be further refined and extended. For example, one spouse should not only declare the property status at the time of divorce proceedings, but also declare the changes of large amount of property in recent two or three years, so as to prevent one spouse from taking precautions and hiding property prematurely until there is no valuable property at the time of divorce proceedings. Furthermore, it is guaranteed that the husband and wife have property system, so that the vulnerable groups can share accounts with the property fairly, and their legitimate rights and interests will not be maliciously violated and eroded by the other party with ulterior motives.