How much less can Ningbo divorce fault party

Can one party secretly transfer the deposit during the marriage and divide it equally during the divorce? The conclusion starts with the following: the law does give a "punishment" channel-one party who hides, transfers, sells or damages the common property of husband and wife can divide or divide the divorce (article 1092 of the civil code). however, the court will decide how much to divide and whether to divide the divorce. it is not "10%" or "bound to leave the house" based on factors such as the amount of transfer, the degree of malice and the impact on the other party's life ". At the same time to distinguish: marital derailment and other "fault" itself does not directly lead to less points, less points mainly for the "hands and feet" of the property behavior. This article clarifies the two sets of rules at once.

1. first distinguish three groups of systems that are easy to mix

in practice, the parties often confuse "less fault", but in fact, the Civil Code provides for three systems of different nature:

1. taking care of the innocent party (article 1087): In the event of divorce, the common property is divided, and the court decides on the principle of taking care of the rights and interests of the children, the woman and the innocent party. The "fault" here mainly refers to bigamy, cohabitation with others, domestic violence, abuse and abandonment, etc., but it is only a discretionary factor in the division, and generally there will be no disparity result of "three seven open, two eight open.
2. Less or no division of hidden transferred property (article 1092): If one party 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, it may be divided less or not at the time of division. This is the most direct and powerful basis for "little or no.
3. Divorce Damages (Article 1091): If divorce is caused by legal faults such as bigamy, cohabitation with others, domestic violence, abuse and abandonment, the innocent party has the right to claim damages, which is different from the division of property and can be claimed in parallel.

How to land 2. "less points or no points": what does the court look?

Many people think that "as long as the other party transfers money, it will automatically not divide". In fact, "less points or no points" is the result of discretion. Three points must be proved at the same time: behavior (there is indeed hiding, transferring, etc.), object (transferring is the common property of husband and wife), and malice (for the purpose of encroaching on the other party's share, not normal living expenses). Courts usually combine the following factors: the proportion of the transfer to the common property, the concealment and duration of the act, whether the debt is falsified or the expenditure is inflated, the extent of the impact on the life of the other party, and whether there is repentance and return.

In practice, the results are roughly gradient: if the transfer amount is small and there is a reasonable explanation, only the transfer part may be divided less; If the amount is large and the malice is obvious, the transfer part may not be allocated (all or most of the part may be awarded to the other party), and the whole division will be inclined to the no-fault party. In a few cases where the circumstances are bad, the transferor can be divided into a larger proportion or even not. There is no uniform national fixed ratio here, and individual cases vary greatly. Need to remind: do not "retaliate" and forge debts or reverse transfer of property, such acts may also be held accountable by the other party in accordance with article 1092, against their own rights and interests.

3. what acts count as "diversion, profligacy": a breakdown of the situation

1. assault transfers: large deposits are transferred to relatives, friends or third parties in batches before divorce, which is the most common form. A transfer is usually considered if the payee is unable to explain the reasonable use and the final flow of the money is unknown.
2. Falsification of debts and inflated expenditures: if you collude with outsiders to forge debit notes or falsely issue invoices to offset accounts, the corresponding part will not be identified and can be used as the basis for less points.
3. Low-cost sale, concealment of physical objects: the sale of vehicles, jewelry, collectibles significantly lower than the market price, or concealment of non-reporting, the same is the case under this article.
4. Online reward profligacy: if the amount of common property rewards on the live broadcast platform without the consent of the other party obviously exceeds the general consumption level of the family and seriously damages the interests of the common property, it can be deemed as "profligacy". if the other party requests less or no bonus to the reward party during divorce, the court shall support it (article 6 of the interpretation (II) on marriage and family compilation implemented in February 2025 makes this clear).
5. Unauthorized disposition of common property and gift to a third party: In order to maintain the extramarital affair, the common property is given to a third party, and the gift is invalid because it violates public order and good customs. The other party may sue for the return of the third party (Article 7 of the Interpretation (II)) and may claim less points for the wrong party at the time of division.

How to prove 4.: the chain of evidence and the idea of proof.

"Proof of malice" is more critical and easier to ignore than "proof of transfer. It is recommended to fix the evidence in three lines:

1. capital flow line: take the bank flow, circle the abnormal large transfer within six to twelve months before the divorce, indicate the payee, time, amount, remarks, and compare with the daily income and expenditure rules.
2. Object relationship line: the kinship, friend relationship or business relationship between the payee and the other party, combined with chat records and WeChat transfer records to prove the "unconventional" nature of the money.
3. The use of the line: the other party's inconsistent interpretation of the use of the money, the inability to provide vouchers, or the return of the money to an account under its control, can be disproved of bad faith.

The woman (no fault party) should pay attention to: the bank flow can be printed in the opening bank with my own identity, involving the other party's account, can apply to the court in the lawsuit to obtain or apply for an investigation order. During the divorce proceedings, if one party applies to inquire about the property status registered in the other party's name, the court shall assist in the inquiry in accordance with the provisions of Article 67 of the Law on the Protection of Women's Rights and Interests.

What if the 5. finds out that he has been transferred after divorce?

According to Article 1092 of the Civil Code, if the other party discovers that the other party has hidden or transferred the other party after divorce, it may file a lawsuit in the people's court, requesting another division of the hidden or transferred property, and may claim that the other party has less or no division of the part. Two points need to be paid attention to: first, the statute of limitations is three years, calculated from the date of discovery (Article 84 of the (I) on Interpretation of Marriage and Family Compilation), and prosecution should be brought as soon as possible after discovery; Second, if the property is not involved in the divorce agreement or judgment at all and belongs to "common property not processed at the time of divorce", it may be divided separately according to Article 83 of the (I) of Interpretation, the malicious transferor also faces the consequences of little or no division.

The relationship between 6. and divorce damages: can be claimed in parallel

"Less or no division" is aimed at property acts, and divorce damages are aimed at legal faults (bigamy, cohabitation with others, domestic violence, abuse and abandonment and other major faults). The two systems have different purposes and bases. Those who meet the conditions can claim at the same time: on the one hand, they request less or no division of hidden and transferred property, and on the other hand, they request damages separately. The former solves the problem of "how much" and the latter solves the problem of "how much", and there is no conflict.

Need to be reminded: divorce damages must be based on judgment or agreement divorce, and filed within the prescribed time limit-if the no-fault party of the divorce is the defendant and did not file a counterclaim in the first instance, a separate lawsuit can be filed in the second instance or within one year after the divorce; For divorce by agreement, it should generally be filed within one year after the divorce registration. If the deadline is missed or the evidence is insufficient, the claim for damages may be defeated, and early preparation is more important than after-the-fact remedy.

7. procedural tools: property declaration, investigation order and preservation.

Advocate less or no points, evidence acquisition is the key, program tools to be used:

1. property declaration: in divorce proceedings, the court may order both parties to truthfully declare their common property and conceal it or not, the court may determine their concealment in the light of the circumstances, which in itself will become the basis for "less or no division;
2. investigation order and court investigation: the other party's bank flow, securities, insurance, and real estate registration information can be obtained by applying to the court for an investigation order, or applying to the court for an ex officio investigation; Article 67 of the Law on the Protection of Women's Rights and Interests clarifies that during divorce proceedings If one party applies to inquire about the property status registered in the other party's name, the court shall assist in the inquiry;
3. property preservation: Before or during the lawsuit, apply to freeze the other party's account and seize the real estate vehicle to prevent the judgment from being defeated. Preservation needs to provide security, through the insurance company issued a letter of guarantee and other ways to reduce the occupation of funds;
4. investigation in the execution stage: If the other party still transfers or conceals the property after the judgment takes effect, the court may take measures such as including the dishonest list, restricting high consumption, judicial detention, etc., and if the circumstances are serious, the criminal responsibility for refusing to execute the judgment or ruling shall be investigated.

We should also remind the "anti-attack risk": in order to achieve the purpose of forging IOUs, false litigation, malicious transfer of property under their own name of the party, not only may be the other party in accordance with Article 1092 of the prosecution, the circumstances seriously constitute the crime of false litigation, will also face criminal prosecution-rights protection should be in accordance with the law, do not use mistakes to make mistakes. Another common omission is worth noting: the joint property of the husband and wife includes not only deposits and real estate, but also the housing provident fund during the marriage relationship, the personal contribution part of the old-age insurance, securities and financial income, etc., which should be covered when reporting and giving evidence, and only staring at the bank account will miss the big head.

8. FAQ

the other party transfers the deposit, the divorce will not give him?

It is not an automatic "undivided". The court may divide it less or not, and the proportion shall be determined by combining the amount of transfer, the degree of malice and the circumstances of the proof.

Will the cheating party in the marriage share less property?

Derailment generally does not directly lead to less points. In the case of division, the court shall decide on the principle of taking care of the rights and interests of the innocent party, with a limited range; if the derailment is accompanied by the gift of common property to a third party, it may recover the gift and claim less points; if it constitutes a legal situation such as cohabitation with another person, it may also claim damages for divorce separately.

After the divorce was found to be transferred, can you still chase?

Can. Within three years from the date of discovery, you can sue for re-division. If you can prove the malicious transfer of the other party, you can claim that you have less or no division of the relevant property.

How to prove that the other party transferred property?

Bank flow, abnormal transfer object and time, funds to form a chain of evidence, focusing on proving that the transfer is malicious rather than normal living expenses.

Can you fake debt in an attempt to take up more, but also share less?

Can. If the joint debt of the husband and wife is forged in an attempt to occupy the property of the other party, it may also be divided or not divided at the time of division, and the fictitious "debt" will not be accepted.

Practical Experience of 9. Lawyers

the parties often mix two questions together: should the other party go out of the house after cheating, and can he get less points if he secretly transfers money. These are actually two sets of rules. Faults such as marital derailment mainly affect the compensation for divorce damages and discretionary care during division, and generally there will be no disparity in proportion. What is really possible for one party to divide less or even less is the act of hiding, transferring, selling, destroying common property, or forging common debts in an attempt to occupy the other party's property. Therefore, first put your demands on the right rules and don't use the wrong direction.

If you want to claim that the other party has less points, you have to prove three things: there is indeed a transfer and concealment behavior; What is being dealt with is the common property of the husband and wife; and it is done out of malice to encroach on your share, not normal living expenses. On the evidence, abnormal large transfers, frequent cash withdrawals, sale of assets, money to each other's relatives and friends, and sudden extra IOUs are all worth fixing one by one. It is better to organize the running water, chat records and time points of property changes of banks and micro-payment platforms into a time line that can be explained. You can also apply to the court to order the other party to declare property, issue an investigation order to obtain account information, and apply for a preservation freeze if necessary.

How much less is the result of the judge's discretion, the case varies greatly, do not preset a fixed proportion, and do not falsify evidence or inflate debt in order to retaliate, which will put yourself at a disadvantage. If it is found to be transferred only after divorce, it can be claimed to be divided again separately, so it is necessary to sue and preserve the clues as soon as possible. At the same time, don't forget that the small share of property and divorce damages are two items that can be claimed in parallel: the former is aimed at hands and feet, while the latter is aimed at legal faults. It is more effective to write down the two requests and corresponding evidence separately when claiming, which is more effective than the general request to give me more.

The key to divorce "less points or no points" is "behavior plus malicious evidence": the behavior should be hidden, transferred, profligate and other evidence, malicious to exclude normal expenditure and reasonable use. It is recommended that the no-fault party fix three types of materials as early as possible: bank flow and transfer records (proof of transfer), evidence of the identity relationship of the payee (proof object), list of property clues (real estate, account, equity, vehicle), and apply for property preservation at the same time as the prosecution, holding the initiative in their own hands.