How to defend the rights to be transferred to divorce?

■ Gui Fangfang Li Huiping

"I suspect that he is transferring the property! And more than a little bit of the transfer, what should I do? Will I not be able to divide the property?" There are often parties asking similar issues.

What should I do if I encounter the other party's common property when they are divorced? How to prevent the other party from transferring common property? As a lawyer, the author combined with many years of experience in handling the case and gave readers a few tricks, hoping to help everyone.

Asset transfer can generally be divided into two stages: one is that there are signs but no actual transfer, and the other is already transferring. Two stages introduce the readers' rights protection methods for asset transfer.

The other party has not started to transfer the property, but the relationship between the two parties has changed

1. Pay attention to and retain the property information under the other party's name as soon as possible

(1) Real estate

Reserve the real estate -related property certificate, house purchase contract, loan contract, etc. under the other party's name. If there is no aforementioned document, at least find a way to inquire about the specific address of the real estate. After the prosecution, the lawyer can apply for a court investigation order.

(2) deposits, stocks, wealth management, insurance, etc.

Take pictures to keep the other party's bank card number, pay attention to the POS machine tickets, bank deposit, account opening vouchers, etc. The car purchase contracts, insurance contracts, and financial contracts stored at home can be retained.

(3) Company equity

If you know that the company's name is fully named under the name of the other party, you can check the company's relevant shareholders and shareholding ratio information through websites such as inspection, Tianyancha, Qixinbao and other websites. If you do n’t know the company's name, you can log in to the company's name, Tianyancha, etc. to enter the name of the person inquiries. You can get the person's shareholding of the company nationwide, and then reduce and determine the company through the company's address and other shareholders. In addition, lawyers will also make a clear equity situation based on other information of the case.

(4) Luxury goods, gold jewelry and other valuable items

Keep the purchase invoice and receipt, and retain them. If you can control it on your own, try to control it first.

2. Sign a marriage agreement, if necessary, the agreement can be notarized

When one party does not want to divorce or has already approved a divorce registration, but is still in a deserved period of divorce, the property and ownership under the name of the two parties can be agreed. According to the consensus reached by the two parties, they can make arrangements for the ownership of property to protect their rights and interests. There is no need to worry about the other party's hidden, metastasis, sale, damage, and extravagance of husband and wife.

When negotiating between the two parties, it agreed on the parties such as the property such as real estate as the case of one party, and it is recommended to notify the agreement, or transfer the real estate as soon as possible to prevent the party from repenting disputes.

It is found that the other party has begun to transfer property or is about to transfer property

1. Apply for the registration of real estate objection, and the real estate has been transferred.

When the husband and wife are registered under the other party's name, if you find that the other party intends to sell the real estate or transfer registration, you can apply for objection to register immediately. It should be noted that it must be prosecuted as soon as possible after applying for objections to prevent objections from failing to register.

If the other party has transferred the real estate privately, he can filed a lawsuit with the court, trying to confirm that the trading behavior is invalid, and the assets restore the original state. Of course, if the buyer has paid a reasonable consideration, the general property cannot If you advocate that you want to return, you can only advocate the division of house sales.

2. Filure the division of property as soon as possible and ask the other party to be less or regardless of property

According to Article 1066 of the Civil Code, one party has a serious damage to the joint property of the husband and wife, such as hidden, metastasis, transformed, damaged, splurge on the common property of husband and wife, or forged husband and wife common debt. Internal common property requires the other party to be less or different from property to avoid further expansion of losses.

Of course, you can also ask for division of property when prosecuted to divorce. If it is after the divorce discovers that the other party has the above -mentioned serious damage to the joint property of the husband and wife, they can also sue to the court and ask for a separate division, but a lawsuit must be filed within 3 years from the date of spontaneous discounting.

3. Apply for property preservation when prosecution

If the other party is found to be transferred or selling the common property of the husband and wife, it can apply to the court in a timely manner to apply for pre -property preservation or property preservation of property to avoid property losses to the court to avoid property loss. It should be reminded that within 30 days after the court takes preservation measures, the applicant must sue. If the prosecution is not prosecuted, the court will relieve property preservation.

4. Apply for court investigation orders

When you only know that the other party's property clues but cannot provide a certificate of relevant property rights, you can apply for an investigation order at the time or after the prosecution to investigate the property situation under the other party's name, especially the bank transfer transaction records, which may have unexpected gains.

In summary, the behavior of the husband and wife infringing the common property of the husband and wife, whether it is implemented during the duration of the marriage or in the process of divorce litigation, will increase the contradictions and grievances between the two parties, which is not conducive to scores and disputes. When encountering such problems, it is recommended to consult a lawyer to protect your legitimate rights and interests in a professional way.

(The author is a lawyer of Shanghai Family and Family Law Firm)

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