How to check the other party's property after Ningbo sues for divorce
In divorce cases, the division of property is often the primary point of contention. Many people want to first ascertain their spouse’s financial situation before deciding how to proceed with the divorce, but individuals have no legal right to arbitrarily investigate another person’s assets—illegally checking bank statements, installing tracking devices, or hiring “private investigators” can both constitute an infringement of privacy and result in evidence that may not be admissible in court. One sentence conclusion: after filing a lawsuit for divorce, the parties concerned can apply to the court for investigation and evidence collection, and the holder will inquire about the property information of the other party's real estate, bank deposits, WeChat Alipay running water, stock securities, provident fund pension and company equity according to the investigation order. Ningbo has also implemented a property declaration mechanism for divorce proceedings, which can apply to the court to order the other party to declare truthfully within a time limit. Legality, traceability, and adherence to procedure are the three ironclad principles for ascertaining property.
Why 1. can't "just check": the boundaries of legal investigation
To identify the other party's property, the essence is to collect other people's private information and property information, must find a legal basis. Articles 1032 and 1034 of the Civil Code stipulate that natural persons enjoy the right to privacy and personal information is protected by law. Although there is a special identity relationship between the parties to a divorce, one party may still infringe upon the right to privacy and personal information rights and interests by obtaining bank records and communication records of the other party without permission. In practice, property leads obtained prior to filing a lawsuit through “connections” or by purchasing third-party reports are often deemed inadmissible as evidence due to their unlawful source, and may even provide the opposing party with grounds for counterclaims.
There is only one legal path: to bring the dispute into the proceedings and to use the court's investigative power. Article 67 of the Civil Procedure Law provides that parties have the responsibility to provide evidence in support of their claims; where parties or their litigation agents are unable, for objective reasons, to collect evidence on their own, they may apply to the people’s court to investigate and collect such evidence. In divorce litigation, bank statements, securities accounts, and registration records typically constitute evidence that the parties are unable to obtain on their own due to “objective reasons beyond their control,” thereby falling within the scope of applications for judicial investigation and the issuance of investigation orders. First, file the case; then, apply for an investigation—the order cannot be reversed.
2. legal basis: three lines hold up the power of investigation
The legal basis for property inspection can be summarized into three lines. The first line pertains to procedural law: Article 67 of the Civil Procedure Law establishes a framework of "evidence presented by the parties as the primary means, with court investigation serving as a supplement," providing a basis for applying for an investigation order. The "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" further clarifies that evidence that the parties or their litigation agents cannot collect on their own due to objective reasons includes: archival materials preserved by relevant state departments that must be obtained by the court ex officio; materials involving state secrets, trade secrets, or personal privacy; and other materials that the parties are unable to collect independently for objective reasons. The second line pertains to substantive law: Article 1,062 of the Civil Code defines the scope of marital property (including wages and bonuses, income from production, business, and investments, proceeds from intellectual property rights, and property acquired through inheritance or gift), while Article 1,087 sets forth the principles for its division. Article 1,092 provides that if one party conceals, transfers, sells, damages, or squanders marital property, they may receive a smaller share or no share at all upon divorce—provided that the property is fully ascertained, which is a prerequisite for applying these provisions. Article 3 concerns the declaration of assets: In divorce proceedings, either party may apply to the court to order both parties to truthfully declare their marital joint property; failure to do so may result in adverse consequences, such as receiving a smaller share of the property.
How to Check All Kinds of Property in 3.: Path and Investigation Order Header
Different properties correspond to different institutions and investigation methods. Knowing "where to go and who to write" in advance can save a lot of trouble.
Real estate: local real estate registration agencies generally do not support "personal rounds", that is, they cannot inquire about all the real estate under their name by name; if they know the specific location, they can inquire about the registration information. In some regions, practitioners may access information by presenting a letter of introduction, authorization documents, and their practice certificate; in others, a court-issued investigation order is required. The applicable requirements shall be determined according to the guidelines of the local real estate registration authority. In Ningbo, you can search for registration information by property address; searching for properties by owner is generally not supported.
Bank deposits and running water: need to apply to the court for an investigation order, by the holder to the bank to withdraw. The heading of the investigation order must clearly specify the opening bank or the particular branch; merely listing the name of the bank’s head office may result in rejection. The transaction records to be retrieved shall be based on the version printed at the counter and stamped with the bank’s official seal.
WeChat and Alipay Flow: The investigation orders are respectively payable to Tenpay Payment Technology Co., Ltd. and Alipay (China) Network Technology Co., Ltd., which need to be transferred to designated locations (usually Shenzhen and Hangzhou) according to the platform guidelines, including account balance and details of income and expenditure.
Stock securities account: with the court investigation order to China Securities Depository and Clearing Co., Ltd. Shanghai or Shenzhen branch to inquire, you can obtain the account balance and transaction details.
Provident fund and pension: The housing provident fund and pension insurance personal accounts paid during the marriage relationship belong to the joint property of the husband and wife, and can apply to the provident fund management center and the social security agency for inquiries.
Company equity: through the national enterprise credit information publicity system, enterprise registration files preliminary inquiry of shareholding, detailed capital contribution and change files to the registration authority; shares of listed companies can also be verified through public information disclosure.
How to apply and use 4. investigation order
To apply for an investigation order, the following steps are usually followed: the first step is to submit a list of property clues and an application for investigation and evidence collection to the trial court after the prosecution is filed, stating the type of property to be investigated, the name of the organization and the purpose of the investigation; The second step is to issue an investigation order or an ex officio investigation after the court reviews it, and the investigation order states the holder, investigation matters and validity period. Step 3, hold the investigation order, corresponding practice certificates and identity materials to each cooperating unit for collection, and pay attention to keeping the receipt and sealing materials. The fourth step is to classify and count the checked property, and distinguish personal property before marriage, common property after marriage and debts to be deducted. The fifth step is to apply for property preservation in time and claim less or no points if the other party transfers or conceals property.
Several practical points: First, the more specific the list of property clues, the better-the bank and sub-branch, account name, real estate location, securities account number, vague clues will prevent the investigation from being carried out; Second, the investigation order has a validity period and scope of use, and shall be transferred to the listed institutions within the time limit and shall not be used beyond the scope. Third, the retrieved electronic flow should be fixed with the original carrier and stamped text, electronic evidence such as WeChat chat suggests notarization or presentation of the original carrier in court to avoid defects in evidence.
5. Boundary Conditions and Common Pitfalls
There are three boundary conditions: before the prosecution, the other party's property is inquired through illegal channels without permission, which may be suspected of infringing upon citizens' personal information or even violating the criminal law; The judge will not take the initiative to "check the family background" for one party, and requires the party or agent ad litem to apply. The opening of the investigation order has regional differences, and the requirements of local courts and cooperating units are different, so the caliber should be confirmed in advance.
Myth 1: You can ask someone to check the other party's property without prosecution. Positive solution: Individuals have no right to investigate without permission and must apply for a court investigation or investigation order through litigation procedures.
Myth 2: The judge will take the initiative to help me check the property. Correct answer: Judges generally do not conduct investigations on their own; such investigations require an application by the parties involved and the submission of relevant leads.
Misunderstanding 3: It is faster and more convenient to find a third party to "check files. Correct answer: Unauthorized inquiries may be unlawful; evidence obtained from illegal sources may not be admitted by the court, and such conduct may also constitute an infringement of personal information.
Myth 4: Just find running water, not a fixed form. Correct answer: Electronic evidence often has numerous evidentiary defects and should be properly documented in standardized forms, such as bank counter-stamped transaction records, while WeChat chat logs should be preserved on their original devices.
How to use the property found in the 6.: division, preservation and re-division.
Property information is only the first step. Only by making good use of the information can it be realized as a split benefit. Three actions must keep pace. First, categorize and list: Classify the identified assets into “premarital personal property,” “postmarital joint property,” and “debts to be deducted,” prepare a detailed inventory, and annotate each item with its corresponding ownership document number, serving as the basis for the property division plan. Promptly exclude any assets registered in the other party’s name that are unrelated to the marriage—such as premarital real estate or personal injury compensation—to avoid making unsupported claims. Secondly, simultaneous asset preservation: Upon discovering large deposits, securities, or funds that are about to mature, promptly apply for property preservation measures, such as freezing accounts or sealing properties, to prevent the other party from transferring assets before the judgment. Article 85 of the "Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China" explicitly states that if one spouse applies for preservation measures against the other spouse's personal property or jointly owned marital property, the court may, within the scope where such measures might cause losses, determine a reasonable amount of property security based on the actual circumstances—asset preservation does not necessarily require equivalent security; the key is to apply in a timely manner. Third, fixed evidence of transfer: if the other party is found to have made a surprise transfer or sold the property at a low price during the litigation, the flow of water and the contract shall be retained, and the division shall be claimed in accordance with Article 1092 of the Civil Code. If the circumstances are serious, compensation may be claimed separately.
It is also necessary to suggest the risk of "checking but not using": if the property is found but does not claim division or preservation in the lawsuit, the opportunity may be lost due to exceeding the statutory statute of limitations or the disposal of the property. Only by checking, protecting and dividing into three steps can the clues on paper be turned into the actual share.
7. Divorce Property Declaration: Procedural Points of Ningbo Model
In addition to the investigation order, divorce litigation property declaration is the "second channel" to find out the property, Ningbo has been piloted first. In terms of procedure, after a case is filed, the court may issue property disclosure orders to both parties, requiring them to truthfully disclose within a specified time frame all marital property and joint debts. The disclosed information shall include real estate, vehicles, bank deposits, securities, financial products, housing provident fund accounts, equity interests, insurance policies, as well as claims and liabilities. The parties may cross‑verify each other’s disclosures, and if any omissions or misrepresentations are discovered, either party may apply to the court for investigation and verification. In terms of legal consequences, the party that conceals or fails to report may face the adverse outcome of receiving a smaller share or no share in the division of property; if it is verified that such party has concealed, transferred, sold, damaged, or squandered joint property, the matter shall be handled in accordance with Article 1092 of the Civil Code. The submitted documentation and the transaction records obtained pursuant to an investigation order corroborate each other, which is a common approach for establishing the fact of “concealed assets.”
Three points should be paid attention to in operation: first, after receiving the declaration order, fill it in truthfully, and it is better not to leak it all-the omission is debunked by the other party's proof, for example, the actual declaration is more passive than the actual declaration. Second, the declaration and investigation should be carried out in parallel. First, the declaration and the investigation order should be applied to check the doubtful account and the authenticity of the declaration should be verified by running water. Third, after the divorce, separate prosecutions can be filed within the statute of limitations to request re-division-evidence of concealment (transfer to third-party accounts in the flow, large withdrawals, etc.) should be fixed in advance. Asset declarations transform the act of “verifying assets” from a confrontational exercise into a procedural obligation, and by leveraging this approach, one can achieve twice the result with half the effort.
8. Frequently Asked Questions
Can I apply to check the other party's property before divorce?
Strictly speaking, investigation orders and court investigations are premised on litigation and usually require a case to be filed first. Before filing a lawsuit, you may independently organize any known leads (such as the location of real estate, the opening bank, account details, and securities accounts). After the case is filed, submit a request for investigation along with the complaint to transform these “leads” into “evidence.”
I don't know which bank the other party opens an account in, how to check it?
You can apply to the court in the lawsuit to order the other party's property declaration; you can also apply for an investigation order to the local banking institution to inquire about the account opening information by name and ID number in batches (different from place to place), or through the court to the People's Bank of China Credit Information System and the China Banking and Insurance Regulatory Commission The inquiry channel is verified, subject to the requirements of the trial court and the cooperating agency.
The other party transferred the property, how to remedy?
Fixed transfer evidence (transfer flow, ownership change record), timely application for property preservation to freeze the remaining property, division in accordance with Article 1092 of the Civil Code to claim less or no division.
How long ago can WeChat and Alipay flow be found?
The platform is provided according to the retention cycle, and in practice, the details of income and expenditure over several years can usually be retrieved, subject to the platform feedback. It is recommended to apply as early as possible to avoid exceeding the query period; the retrieved information should include account balance, transaction details, and counterparty information.
9. Practical Insights from a Lawyer
It is understandable to find out the family background of the other party before deciding how to leave, but the means must be legal. Privately investigating someone’s bank statements, obtaining their communication records, installing a GPS tracker, or hiring so‑called private investigators not only risks violating their privacy and personal information rights, but the evidence obtained is often inadmissible in court due to its unlawful source—and may even provide the other party with grounds to take legal action against you. In fact, there is only one lawful avenue: first bring the dispute before the courts, and then leverage the court’s investigative powers to conduct the necessary inquiries. The order must not be reversed; filing a case first and then applying for an investigation is a prerequisite for this type of procedure.
There are many specific things that can be checked: real estate registration, bank deposits, securities stock accounts, provident funds and pensions, vehicles, online payment accounts, and company equity. As these are, for the most part, pieces of evidence that the parties themselves cannot obtain or, objectively, cannot collect, they may be procured by applying to the court for an investigation and evidence‑gathering order or for an investigative warrant, which would then authorize the designated personnel to inquire with the relevant authorities. When submitting your application, clearly specify the subject of the inquiry, the scope, and the reason, providing as much detail as possible. For example, you might request information about a specific bank during a particular time period or shareholder information for a specific company. The more precise your request, the more likely it is to be approved. Some courts have also implemented a property declaration system in divorce proceedings, under which a party may apply for an order requiring the other party to truthfully disclose their assets within a specified time limit.
Check the property is not the end, how to use is the key. On the one hand, this can serve as a basis for filing a partition claim; on the other hand, if you detect signs that the other party is transferring assets or making large cash withdrawals, you should promptly apply for asset preservation—don’t just investigate without freezing the funds, or by the time the judgment is rendered, the money will already have been moved. Also, be mindful of boundaries and refrain from using the information gathered to harass the other party or any unrelated third parties. Finally, investigations should be conducted as early as possible—ideally, gather leads and prepare the necessary applications before filing a lawsuit or even before the first court hearing. Attempting to supplement these after the proceedings have advanced often risks missing the optimal window of opportunity.
There is only one legal way to check the other party's property: after filing a lawsuit, apply to the court for investigation and collection of evidence or investigation order, cooperate with the divorce litigation property declaration mechanism, and turn the "clue list" into "standard evidence". For the parties involved, the sequence of actions is crucial: before filing a lawsuit, independently organize all known leads and compile them into a list; when initiating the case, simultaneously submit both the property division claim and the application for investigation; when applying for an investigation order, clearly specify the opening bank, the relevant institution, and the account details; and if any transfer or concealment of assets is discovered, promptly take measures to preserve the evidence and seek a smaller share or no share of the property. Only when assets are clearly identified and securely documented can property division have a valid basis.