Insights

When Ningbo divorced, it was discovered that the other party had hidden stock accounts. Can you chase them?

Ningbo Author：LuXu WANG

At the time of divorce, the other party downplayed "no assets" and found out that a stock account under his name had been doubled several times-this kind of "hidden property discovered after divorce" was left in the law for recovery, but the window and evidence were exquisite.

The legal nature of 1. hidden stock accounts.

Stock accounts and positions are the common property of a typical husband and wife. One party deliberately fails to declare or conceal the account at the time of divorce, which constitutes hiding or transferring the common property of the husband and wife, triggering the rule of "less or no division at the time of division" and division after divorce.

Accounts and positions are subject

it is not only the principal of the account that can be pursued, but also the part that is bought during the marriage and the value added during the marriage. What is hidden is the "overall equity", which should be claimed together with the account balance and the value of the position.

How to deal with 2. divorce

if the other party is found concealing the stock account on the spot in divorce proceedings or agreement negotiations, it shall be required to fully declare, freeze or temporarily close the case, and the value of the account shall be included in this division to avoid the passive of "leaving before chasing.

Agreed divorce should also be truthfully declared.

Even if a divorce is agreed, if one party conceals significant assets and causes the other party to unknowingly waive its rights, the other party may claim that the agreement is revoked or re-divided by fraud.

How to recover 3. after divorce

if it is discovered after the divorce that the other party has hidden the stock account, it may request another division of the joint property of the husband and wife. The law specifically protects the party who "discovers after leaving" from profiting from the delay in disclosure.

Timely verification of fixed

from the other party's binding bank card flow, securities mobile phone application account opening and transaction notice, capital transfer clues to lock the brokerage and account number, apply for the transfer of statements. The discovery is fixed to prevent the other party from transferring or canceling the account.

Consequences of little or no 4.

If it is found to be hidden, the hidden party may be divided less or not divided when it is divided again; if the circumstances are serious, it may also bear the consequences of dishonesty in the lawsuit. Hiding short-term seems cost-effective, long-term risk is high.

Time account from discovery to prosecution

the statute of limitations for requesting further division after divorce is three years, starting from the day after the discovery, and the discovery is subject to reasonable knowledge, not based on speculation alone. The trial limit for the application of ordinary procedures after filing a case is six months, and in practice, the trial is mostly concluded in 8-10 months if it involves the retrieval of securities records and the approval of the value of the position. If you are worried about the transfer of the other party, you can apply for property preservation at the same time as the lawsuit, and the preservation fee for freezing the securities account shall be calculated in sections according to the amount of the subject matter, generally not exceeding 5000 yuan. In Ningbo, such cases may be brought to the basic people's court where the defendant's domicile or property is located, and the court may, upon application, serve a notice of assistance in enforcement to the securities registration and settlement institution or the corresponding brokerage firm to freeze the account.

Three formal channels for 5. to verify hidden accounts

the first is to inquire about the securities account in the name of the holder from the securities registration and settlement institution, and the court shall issue an investigation order in the lawsuit, and the list of accounts opened with the identity document can be found. The second article is the bank flow anti-check, focusing on the third-party depository transfer-in and transfer-out records, the name of the brokerage firm is usually directly reflected in the summary, according to which the specific brokerage firm to obtain transaction details.

Article 3 is tax and dividend clues, listed companies cash dividends will produce withholding personal income tax records, the annual personal income tax remittance list of interest dividend dividend income items, can prove the fact of holding shares. The three channels have their own focus. The bank has the lowest cost and the fastest speed of running water. It is recommended to do running water screening before deciding whether to apply for an investigation order to avoid aimless.

6. case proof

in practice, if it is discovered after divorce that there is a securities account opened and bought during the marriage under the other party's name, the other party's request for another division is usually supported. The concealed party shall be treated as a small score, with a small score of more than 20%-40% of the assets in the account. Those who conceal a large amount and refuse to declare can be sentenced to a small score of more than 50%.

In practice, if the account has been declared in the litigation but the value of the position has been understated, the court shall divide it on the basis of the true market value after verification, and the concealment shall be reflected in the share.

In practice, if the party requesting re-division can provide specific clues such as the name of the securities firm, the flow of funds or the fragment of the statement, the proportion of investigation and evidence collection allowed by the court can reach more than 70%, which is significantly higher than that of general application. The limitation period for such re-division is 3 years from the day following the discovery, and it takes 5 to 8 months from filing the case to judgment.

7. Risk Alert

  • check after leaving, the account has been transferred or closed.
  • Only chase the principal and ignore the value added in marriage.
  • Agreed divorce was brought up by "no assets.
  • No flowing clues, can't lock the brokerage.
  • After a reasonable time limit is delayed, it will become difficult to divide again.
  • Focus only on stock accounts, omitting fund and financial positions.
  • After the discovery of clues did not apply for preservation in time, the assets were transferred again.

8. FAQ

can I chase hidden stocks after a divorce?

Can. Can request to split again, hiding may be less points.

Is it principal or value added?

The account balance is claimed together with the increase in the value of the purchase in marriage.

What if the other party conceals when the divorce is agreed?

The agreement may be revoked or re-divided by fraud.

How to find the hidden account?

From the binding bank card flow, securities notice, funds transfer clues to lock the brokerage transfer.

The other side of the stock has lost more than half, how much can be recovered?

The actual assets at the time of discovery are accounted for and held accountable for concealment. If the loss occurs after divorce and is a normal transaction, it is usually borne by itself.

Practical Experience of 9. Lawyers

the other party hides the stock account, and the processing is divided into "discovery during divorce" and "discovery after divorce", and there are corresponding means. Discovered at the time of divorce, you can directly claim that the funds and stocks in the account belong to common property, request division according to law, and can request less points for the other party's hidden behavior; If it is discovered or verified only after divorce, it can still be sued separately to request division of the concealed part of the property. Don't think that you can only recognize it after the formalities are completed. The key is how quickly it can be done after discovery, and the longer it is delayed, the more likely the account is to be moved further.

Verification depends on formal channels. If you have clues in your hands, such as securities account numbers, open brokers, and commonly used bank tripartite depository accounts, you can apply to the court for an investigation order, or request the court to retrieve the account opening situation and transaction flow. It should be reminded that the materials obtained by logging in and cracking the other party's account may not be adopted and will bring legal risks to oneself.

There are also trade-offs in the usage after getting the evidence. You can fight for more shares in the negotiations, or you can ask for less or no division of the party who hides or transfers the property in the lawsuit, and claim corresponding compensation. However, it is necessary to figure out how much is left in the account, whether it has been cashed out and whether it is worth another lawsuit for this property. If the amount is limited or the property has been emptied, it may be more cost-effective to focus on other more tangible property. Usually leave a family property account clues, simple to say, the key moment is often the most useful.