Insights

How long can Ningbo recover the property transferred by the other party?

Ningbo Author：LuXu WANG

Before and after the divorce, it is found that the other party secretly transferred the money and transferred the house, can it be recovered? Yes, but there is a time window and evidence requirements, and if it is delayed for a long time, the deadline for revocation may have passed.

1. transfer of property recoverable

if one party conceals, transfers, sells, destroys or squanders common property, or forges debts to encroach on the property of the other party, the other party shall have the right to request a division and, in the event of a divorce division, claim that the other party has less or no division. This is the most direct protection that the law gives to the no-fault party and is a key rule to prevent a party from "hollowing out" the common property before divorce.

Not chasing back

transfer is not the same as loss. By checking the flow of water and transfer records, it is possible to restore the whereabouts of the property and tilt it towards the no-fault party in the division, or even recover specific property. There are traces to follow where the money is transferred and to whom the house is transferred. The key lies in whether it can be found in time.

Less points when 2. divorce is split.

When a transfer is discovered at the time of divorce, the court may divide or divide the transferring party at the time of division. This is the most conventional and powerful remedy. The proportion of less points is linked to the amount of transfer and the circumstances, the larger the amount, the more unfavorable it is, and the circumstances may even be serious.

It was only discovered after divorce that it was also actionable.

If it is discovered after divorce that the other party has transferred or concealed the common property, it may be sued separately and requested to be divided again, without being blocked by "divorced. It's just that the longer the time, the harder it is to find evidence, so you should act early when you find signs, and don't wait until you finish the division before you think of chasing.

3. revocation right has a time limit

to claim the right to transfer, we should pay attention to the relevant statute of limitations and the time limit for the exercise of the right of revocation. Too long delay and loss of evidence will increase the difficulty of recovery. The law does not protect people who sleep on their rights, and this is particularly evident in the transfer of property. Specifically, after divorce, request for another division of the transferred or concealed common property, pay attention to the three-year statute of limitations (from the date of discovery).

The sooner you fix it, the better.

It is much less labor-saving to find evidence such as bank running water and real estate transaction records immediately after the discovery of signs. Time is evidence. When the property is tossed and turned several hands before trying to recover it, the cost increases exponentially and the odds decline.

Key points of proof found in 4.

The proof of transfer shall be directed to: the original joint property, the unilateral disposition, the relative knowing or free/low price, and the damage to the spouse's rights and interests. The formation of a closed loop of capital flows is the most critical. Scattered suspicions do not constitute a transfer determination, and there must be coherent financial clues to explain the ins and outs. For example, if a large deposit is transferred to a parent's account during the marriage and there is no reasonable use statement, it is closer to a verifiable transfer than verbal suspicion. According to Yinzhou Court's White Paper on the Trial of Marriage and Family Cases (2019-2021), WeChat and other electronic evidence have many defects in proof and are difficult to adopt. The transfer screenshots suggest to print the running water stamped with the business seal at the bank counter in time, or notarize WeChat chat records.

5. marriage can also be claimed

it is not only divorce that can move property. If one party hides, transfers, sells, damages, squanders common property or forges common debts, etc., which seriously damages the interests of common property, the other party may request the division of common property during the existence of the marriage relationship; if one party has a legal maintenance obligation and needs medical treatment, and the other party does not agree to pay the relevant medical expenses, it may also request division. Marital split is a tool for timely stop loss.

No need to wait for divorce.

If it is found that the other party continues to transfer assets but does not intend to divorce for the time being, the marital division is a timely stop-loss tool. By the time the divorce proceedings are brought, the property has often been tossed and turned several times over, and the cost of recovery has doubled. An early split, less loss, but also to avoid the other side to continue to transfer.

6. timely application for property preservation

if it is found that the other party is transferring and there are signs of transfer, it may apply for property preservation before or during the divorce proceedings, and request the court to seal up and freeze the relevant accounts and real estate. Preservation can "nail" property in place to prevent continued loss, is a more proactive line of defense than after the fact. The provision of security is a regular requirement, but in exchange for the fact that the property no longer shrinks, it is far more cost-effective than after-the-fact recovery.

Preservation must be made before the transfer.

Many people wait until the property has been transferred to think of rights protection, then can only chase, can not stop. If you are aware of the other party's sudden large cash withdrawals, frequent transfers, and abnormal debt repayment, you should consult and submit a preservation application as soon as possible. The application for preservation needs to clarify the subject matter and scope of preservation, and provide preliminary evidence to prove that there is a risk of transfer. After review, the court will decide whether to grant permission. After approval, the application will be sealed up and frozen. If the other party moves again, it will constitute refusal to execute. Freeze the property before it leaves the country or is transferred, with the highest probability of recovery, and one step more risk.

7. case proof

in practice, after the divorce, the woman found that the man transferred his house to his relatives at a low price during marriage (the original value was about 3 million yuan). The lawsuit requested another division. The court decided to transfer and ordered the man to share less and the woman to share about 900000 yuan more.

In practice, the man promptly applied for the transfer of the woman's deposit from the bank (about 500000 yuan), and when the divorce, the court made a small portion of the woman's transfer, and the man got about 300000 yuan more.

In practice, one party continues to transfer financial funds to another person's account during the marriage, the other party sues within the statute of limitations, the court orders the return of the transferred principal and according to the transfer portion of the less points.

8. Risk Alert

  • I thought I wouldn't be able to catch it back if I turned around.
  • Missed revocation period.
  • The evidence was not fixed in time.
  • Divorce only to find out but delay.
  • The flow of funds is unclear.
  • No application for preservation is found.

9. FAQ

can the transferred property be recovered?

Can. Divorce may be divided less or less, and division may be filed again after divorce.

Is there a time limit?

There is. The relevant statute of limitations and the period of revocation rights should be noted, and the sooner the evidence is fixed, the better.

What to do after the divorce?

A separate lawsuit may be filed to request a further division of the transferred or concealed property.

To prove what?

Prove that the property was originally jointly, unilaterally disposed of, or damaged the rights and interests of the spouse, forming a closed loop of funds.

Practical Experience of 10. Lawyers

if you find that the other party secretly transfers money and real estate, the first reaction should be to "grab time" instead of "fight first". There is a time limit for the exercise of such rights, and the longer the delay, the harder it is to find evidence and the easier it is to pass the time limit. Therefore, once there are signs, first fix the clues of bank flow, transfer records, real estate transfer information and equity changes, and judge as soon as possible which can be pursued and which way to pursue. The law does not protect people who sleep on their rights, and this statement is particularly evident in the transfer of property.

There is more than one path to recovery. When the divorce is divided, the party who hides, transfers or sells the common property may be requested to share less or not; if it is discovered after the divorce that the other party has transferred or concealed, it may still be sued separately to request another division. To see which one you belong to, and pay attention to the time limit corresponding to different requests: the re-division of the transferred, concealed property, usually subject to a longer statute of limitations, from the date of discovery. Wrong time, rights may be lost.

It is not enough to have a sense of time limit, but also to keep up with the action. If it is suspected that the other party may continue to transfer, apply for property preservation as soon as possible, "freeze" the house, car and account first, and then slowly verify it, so as to avoid winning the lawsuit but having no property to enforce. When the verification encounters resistance, the flow and registration information can be obtained by applying for an investigation order by an attorney. If you find that the other party is quietly hollowing out the common property during marriage, you can also claim division in time. You don't have to wait for a formal divorce to start work. You can lay out one step earlier and be less passive.