When Ningbo divorces, can the other party transfer money to their parents?

1. first judge whether the money was originally common property.

To answer whether the money can be transferred to the parents or not, we must first see whether the money itself is the common property of the husband and wife. If it is saved by the salary and business income after marriage, it belongs to the common property in principle, and one party cannot privately decide to give it all to his parents, even if it is said to be maintenance.

If the money is the personal property of one party before marriage, or if it is clearly donated or inherited by one party, then it is not within the scope of division, and naturally it is not an infringement of the other party's share when it is transferred to the parents. So the first step is to characterize the source of funds, qualitative wrong behind all wrong.

2. transferred to parents before divorce, what does the law think

at the stage when the relationship between husband and wife breaks down, is negotiating or preparing for divorce, one party suddenly transfers a large deposit to the parents, which can easily be regarded as a transfer of the joint property of the husband and wife. The court will make a comprehensive judgment based on the transfer time, amount, reason and parental relationship, and will not release it just by looking at a word of support.

If the parent is given normal support, has a clear reason for borrowing or escrow, and the amount is reasonable, it does not necessarily constitute a transfer. However, if the card is stuck at the critical juncture of divorce, the amount is abnormal and the purpose is unclear, it is highly suspicious. The other party can claim recovery and request less or no division of the transferring party.

Article 1,092 of the 3. Civil Code is the key.

Article 1092 of the Civil Code stipulates that if one party conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or forges the joint debts of the husband and wife, the divorce may be divided or divided. If the other party discovers it after the divorce, he can request another division, which is the core basis for recovering the money transferred to his parents.

Note that it is aimed at common property, and there must be transfer behavior. It is much more realistic to use this article accurately than to call the other party to transfer. The proof should also be carried out around this article. Without the transfer behavior, it is difficult to establish this link.

Two layers of relief path after 4. discovery

if you have not yet divorced, you can claim in this divorce lawsuit: determine the transfer, divide the transfer party less, and include the transferred money in the division. If you have only discovered that you have been divorced, you will file a separate request to divide the hidden and transferred property again. The limitation period should be calculated from the date of discovery and not to delay the window period.

If the transfer also harms the interests of external creditors and the parents knowingly accept it, the creditor may also claim the right of avoidance. However, the internal division relief of spouses mainly depends on Article 1092. The path should be chosen correctly. Don't get mixed up with creditor's rights disputes, but you can't say for sure, thus entangling yourself into a more complicated situation.

What evidence can 5. collect?

The core evidence is bank flow: proof that the transfer took place during marriage, especially on the eve of divorce, that the payee was the other parent, and that the amount was significantly beyond normal support. Supplemented by chat records and proof that parents have no reasonable reason to collect money, it is best to form a complete chain of evidence instead of fragmentary doubts.

Ningbo local parties can apply to the court for access to the other party's account flow at the pre-litigation mediation or filing stage. The fact of the transfer can only be established by linking up the four lines of when to transfer, how many to transfer, to whom and why. It is difficult for the judge to form a testimony based on doubt alone. Evidence is the absolute principle. In addition, according to the Yinzhou Court's White Paper on the Trial of Marriage and Family Cases (2019-2021), WeChat chat and other electronic evidence in divorce cases has many defects in proof and is difficult to accept. Fixed transfer evidence should be mainly based on running water issued by banks and supplemented by chat records.

6. the other party says money is a loan not a transfer, how to distinguish.

The claim is a loan, to come up with a debit note, transfer correspondence, agreed interest and repayment period and other documents. Real borrowing and temporary transfers are far from each other in terms of the thickness of evidence.

Ningbo local parties can ask the other party to show a full set of loan materials during pre-litigation mediation. If there is no arm or leg, the transfer suspicion will rise. It is more useful to draw the line between borrowing and transferring with evidence than to argue who is more reasonable. The judge only looks at the evidence and empty arguments have little effect in court.

Guidelines for Local Handling and Case Filing in Ningbo, 7.

If you claim to divide the transferred deposit, you can sue the court of the defendant's domicile or habitual residence; Ningbo parties can submit filing materials online through Zhejiang Court Network and Mobile Micro Court, including complaint, marriage certificate, bank flow and transfer records, and try to reduce the refund at one time.

Before filing a case, go to the mediation window of Ningbo court to sort out the evidence. Mediation of family cases is preferred. If the two sides can reach an agreement on the nature of the funds and the proportion of the division, it can be fixed by judicial confirmation, avoiding lengthy trials and repeated evidence, and can also bring the transferred money back into the scope of distribution as soon as possible.

8. General Practice from Ningbo Open Referee

in practice, Ningbo region generally reviews the background and rationality of the transfer of large amounts of money transferred to parents before divorce.

If there is reasonable support or borrowing evidence, the parties shall generally be respected. Referees tend to protect the innocent party, but they also leave room for normal family economic exchanges. They are not always presumed malicious. Therefore, it is equally important to clarify the legitimate reasons. Don't think that they will be automatically recognized as transferred and give up the explanation.

9. operational steps

if you find any signs, first quietly fix the bank flow and transfer screenshots, and don't startle. Sorting out whether the money is common property and whether the transfer time is sensitive directly determines whether you want to start a lawsuit and which relief path to take later. If you go in the wrong direction, you will be busy for nothing.

Can negotiate, through Ningbo court pre-litigation mediation or shared court to talk about the share; If the negotiation fails, the lawsuit will be brought with running evidence, citing Article 1092 to advocate less or no division. The evidence is complete, and the recovery is confident. Empty claims are almost unconvincing in court, and the winning margin is very small.

Practical Experience of 10. Lawyers

if you find that the other party has transferred the money to your parents, the first step is to judge whether the money itself is common property. If it is saved from the salary and operating income after marriage, it belongs to the common property in principle, and one party cannot make decisions privately and give it to his parents, even if it is "to provide for the aged for his parents". However, if the money is originally his personal property before marriage, or it is clearly the gift and inheritance income of only one of his parties, then it is not within the scope of division, and it is not to be transferred to your parents to encroach on your share. The characterization is wrong, and the following claims are all wrong.

If it is determined to be common property, it depends on the point and context of the transfer. At the stage of emotional breakdown, negotiation or preparation for divorce, the sudden transfer of large deposits to parents can easily be regarded as a transfer of common property. In practice, the other party often takes "this is borrowed" and "this is returned" to explain. At this time, it is necessary to distinguish between true and false with financial transactions, with or without IOUs, repayment agreements and past habits, and pick out the abnormal ones instead of generally accusing all transactions.

There are usually two lines of relief: one is to claim that the other party has less or no division in negotiation or litigation, and to calculate the transferred money back into the divisible property; The second is to synchronously fix the evidence, apply for investigation and evidence collection or property preservation to prevent the money from being transferred again under the name of the parents. Operation to seize the time, as soon as possible to transfer water, lock the transfer path, if necessary, the collection account together into the claim. Negotiations can also be "chasing the money" as a quid pro quo, the other side is willing to return or make concessions on the division, the overall reconciliation, advance and retreat are left room.