Can Ningbo still sue for property division after divorce?

Some parties consulted: during the divorce, both parties signed a divorce agreement and registered for divorce in the Civil Affairs Bureau. Later, they found that the other party had hidden a set of real estate and a deposit. She would like to ask, now that the divorce has been agreed, can she sue the court for re-division of property?

One sentence conclusion: after divorce by agreement, you can sue for the division of property before you get the divorce certificate; after you get the divorce certificate, if you find that the other party is hiding, transferring property or there is fraud or coercion in the agreement, you can still sue the court for re-division within the statutory time limit.

In Ningbo, divorce by agreement must be handled at the marriage registration office of the civil affairs department and go through a 30-day cooling-off period. The content and signing process of the divorce agreement have a direct impact on whether the divorce can be filed again and whether the application can be supported.

1. legal basis

article 1076 of the "the People's Republic of China Civil Code" stipulates: "If the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration agency in person. The divorce agreement shall state the intention of both parties to divorce voluntarily and the consensus opinions on matters such as child support, property and debt settlement. "

article 70 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Code of the the People's Republic of China Civil Code stipulates: "If the husband and wife renege on the division of property after divorce by agreement and request the cancellation of the property division agreement, the people's court shall accept it. If, after the trial, the people's court does not find that there was fraud or coercion in the conclusion of the property division agreement, it shall reject the party's claim in accordance with the law. "

article 1092 of the the People's Republic of China Civil Code stipulates: "If one of the spouses hides, transfers, sells, destroys or squanders the joint property of the husband and wife, or forges the joint debt of the husband and wife in an attempt to occupy the property of the other party, the joint property of the husband and wife may be divided less or not. After the divorce, if the other party discovers the above-mentioned acts, he may file a lawsuit in the people's court, requesting another division of the joint property of the husband and wife. "

2. core points

1. the marriage has not been dissolved before the license was issued. Until the divorce certificate is issued by the marriage registration authority, the marriage relationship between the two parties is still in existence, and either party can go back on the division of property and sue for divorce.
2. You can apply for revocation of the property division agreement within one year after obtaining the license.. If there is fraud, coercion, etc., the agreement may be revoked by the court within one year from the date when the cause of the revocation is known or should be known.
3. The other party's hidden property can be prosecuted at any time.. For the joint property of the husband and wife that has not been divided at the time of divorce, or the property hidden or transferred by the other party, it is not limited by the one-year period of exclusion, and can be sued for re-division after discovery.
4. Court review focuses on the true meaning of the agreement when it was signed.. If the agreement is truly and voluntarily signed by both parties and the content is fair and reasonable, the court will generally maintain the validity of the agreement.

3. boundary conditions

• the court usually does not support a request for re-division only on the grounds of "unfairness" after an agreed divorce, unless fraud or coercion can be proved.
• If it is expressly agreed in the divorce agreement that "the property under their respective names belongs to them", the division of the known property can no longer be claimed.
• Property that was not known at the time of divorce and was deliberately concealed by the other party is not subject to the general terms of the agreement.

4. operational steps

1. combing a list of the couple's joint assets known and unknown at the time of divorce.
2. Collect evidence of the other party's concealment and transfer of property, such as bank flow, real estate registration information, equity change records, etc.
3. The legal basis for confirming the prosecution: whether to revoke the property division agreement or to request another division of the joint property of the husband and wife.
4. Prepare a complaint and file a lawsuit in the court where the defendant's domicile or property is located.
5. If necessary, apply for a court investigation order or property preservation to prevent the other party from further transferring property.

5. common mistakes

myth 1: After the divorce is agreed, everything is dead and cannot be sued again. If the other party is found to have concealed property or the agreement is fraudulent or coerced, it may still be prosecuted.

Myth 2: As long as I feel unfair, the court will re-divide. A simple feeling of unfairness is not a legal revocable cause, and there must be evidence of fraud, coercion or concealment of property.

Myth 3: You can't sue for more than a year. The request for cancellation of the property division agreement has a one-year exclusion period, but the request for a second division of the concealed joint property of the husband and wife is not subject to this restriction.

Myth 4: The divorce agreement stipulates that the property under their respective names shall be owned by them, and all rights are given up. For property that was not known at the time of divorce, division may still be claimed.

Practical Experience of 6. Lawyers

divorce has been agreed, can you go back to talk about property? It depends on which node you are at and why. Before receiving the divorce certificate, those who renege on the division of property can usually sue; after receiving the divorce certificate, if the other party is found to be hiding or transferring property, or if there is fraud or coercion in the agreement itself, they can still sue the court for re-division within the statutory time limit. Therefore, the idea that "there is no way out after registration" is too absolute. The key is whether you have facts and evidence.

If you really want to take this step, evidence and time are two locks. If the other party is found to have hidden property, fix the clues: real estate registration information, capital flow, chat records, statements of insiders, try not to disturb the other party before the prosecution, so as to prevent the other party from rushing to transfer or transfer. If you advocate re-division on the grounds of fraud or coercion, you must prepare materials that were misled and persecuted at the time, such as relevant correspondence records, witnesses, and audio recordings, and calculate the statutory deadline, and don't let the deadline pass quietly in hesitation.

Strategically, you can first give the other party a chance to correct it, and put it bluntly: take the initiative to make up for the points, save time and effort, and go to litigation without making up, and transfer and conceal the property itself is not without consequences. Using this predictable pressure to facilitate negotiation is often more effective than turning the other cheeks. At the same time, it should also be clear that re-division cannot be started at any time. If the deadline is exceeded or the evidence cannot hold up the facts, it will be very passive. Therefore, once a problem is found, the evidence should be preserved first, then the limitation period should be evaluated, and finally the decision should be made whether to talk or fight.