Will divorce proceedings freeze property

I Divorce case Will the property be frozen

Divorce proceedings may not be frozen assets.

divorce In a case, if the party concerned requests to freeze the property, the court may freeze it. The court will not voluntarily freeze, but if the other party applies to the court Property preservation , the court can freeze it. The court will not freeze the bank accounts of both parties before the court session when the couple divorce through the court. If the other party is suspected of transferring property, it needs to provide evidence to apply for freezing. In the case of divorce involving property disputes, in order to prevent one party from transferring property, the other party may apply for property preservation, and the bank account may be frozen if it is qualified after the court's review.

For example, in divorce cases or non property dispute cases, the property in the account exists together and the amount can be used as evidence One party applies Evidence preservation The bank account can be frozen if it is qualified after the court's review.

The Supreme People's Court's Decision on the Application of Civil Code 》 marriage and family Article 85 of Interpretation (I)

One of the spouses applies for the personal property of the spouse or Conjugal property Where preservation measures are taken, the people's court may, within the scope of possible losses caused by the adoption of preservation measures, determine a reasonable amount of property guarantee according to the actual situation.

II marry Derailment Divorce property How to judge

One party cheated after marriage, Divorce property division There are negotiated segmentation and litigation There are two ways to divide the property. At the time of divorce, if both parties have legal marriage property agreement, the property shall be divided according to the agreement. Generally, the joint property of husband and wife should be divided equally, or unequal if necessary. If there is a dispute, the people's court should make a judgment according to law.

Therefore, there is no necessary connection between marital infidelity and the division of the husband and wife's common property at the time of divorce. Usually, when the couple divorce, the court Division of property The general principle of the policy is to follow the principle of equal division, the principle of caring for women and children, and the principle of caring for the innocent party and the party in difficulty. If you get the other party extramarital affairs Evidence can only be considered by judges at their discretion, but not necessarily Conjugal property The segmentation has a significant impact.

Many parties are desperate, even pay a huge price, to obtain the evidence of the other party's extramarital affairs, in order to expect that they can share more of the husband and wife's common property when they divorce. In fact, they fall into a misunderstanding.

If it is "a person with spouse and others cohabitation ”Or "bigamy", the court can make a divorce based on this, and the innocent party has the right to request the other party to pay for the divorce accordingly Compensation for mental damage 。

Article 1087 of the Civil Code

At the time of divorce common property It shall be handled by both parties through agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of children, women and the innocent party.

For the husband or wife in the family land contract The rights and interests enjoyed in operation shall be protected according to law.

3、 Will the wealth be divided equally after divorce

First of all, in principle, the divorcee should divide the common property equally, but the one who is at fault in the divorce can be divided equally or less. If there is no marriage property agreement between the two parties or the two parties fail to reach an agreement through consultation, the court shall divide it according to law.

Secondly, one party's prenuptial property Or the property that belongs to individuals after marriage shall belong to individuals.

Article 1087 of the Civil Code

At the time of divorce, the joint property of the husband and wife shall be disposed of by both parties through agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of children, women and the innocent party.

The rights and interests enjoyed by the husband or wife in the household land contractual management shall be protected according to law.

Article 1063 of the Civil Code

The following property is the personal property of the husband and wife:

（1） Premarital property of one party;

（2） One party suffers Personal injury Compensation or compensation obtained;

(III) will perhaps Gift contract Property that is determined to belong to one party only;

（4） Daily necessities for one party;

（5） Other property that should belong to one party.

Through the content of this article, I hope to answer the question whether the divorce lawsuit you are facing will freeze your property. Usually we can learn more legal knowledge In this way, when facing legal problems that need to be solved, we can safeguard our rights and interests through the legal knowledge we have learned. To learn more about relevant legal issues, click the "Consultation Now" button below to match your major lawyer Help is available online.