Will the concealment of property in divorce cases affect the division of property?

I divorce Whether the concealed property of the case will affect Division of property ?

The Supreme People's Court's Several Specific Opinions on the People's Court's Handling of Property Division in the Trial of Divorce Cases stipulates that one party will Conjugal property If the party illegally conceals, transfers, refuses to hand over, or illegally sells or destroys the property, the party who conceals, transfers, sells or destroys the property shall be given less or no share when dividing the property. In specific handling, the concealed, transferred, sold or damaged property shall be regarded as the share of the property shared by the party who concealed, transferred, sold or damaged the property, and the share of the other party shall be converted into other husband and wife's common property. If the amount is not enough to be converted, the difference shall be compensated by the party who concealed, transferred, sold or damaged the property. With respect to the party who illegally conceals, transfers, sells or damages the joint property of the husband and wife, the people's court may civil procedure law 》Relevant regulations.

2、 How should real estate be divided after divorce?

1. New《 Marriage Law 》It is stipulated that after marriage, both parents contribute buy a house , the property right is registered under the name of one person, Divorced property How to split? According to the provisions of the judicial interpretation of the Marriage Law, if parents of both parties subsidize their children to buy a house after marriage and the property right is registered under one person's name, the house is recognized as owned by both parties according to their parents' share of capital contribution. If the parties agree otherwise, the agreement shall prevail.

2. According to the new Marriage Law, after marriage mortgage House purchase If one parent makes a down payment, the property right is registered in the name of his or her children, and the husband and wife jointly repay the loan, how can the divorced property be divided? In this case, the down payment can be regarded as only donated to the children of the contributing party. At the time of divorce, the property is the joint property of the husband and wife, and the down payment should be regarded as the personal property of the contributing children.

3. The new Marriage Law stipulates that after marriage, one parent contributes in full and the property right is registered in the name of his children. How is the divorce property divided? According to the provisions of the judicial interpretation of the Marriage Law of China, if one parent subsidizes the children to buy a house after marriage, if the property right is registered in the name of the children of the investor, it shall be deemed as a gift only to their own children, and the house property shall be recognized as the personal property of the children of the investor, and the other party shall not have the right to request the division of the house property.

4. The new Marriage Law stipulates that after marriage, one party contributes with personal property, and the house property is registered in one party's name. How is the divorce house property divided? After marriage, one party uses his personal property to buy a house and obtain property ownership certificate The property should belong to the buyer. When the house is divided after divorce, the other party has no right to request the division. What needs to be reminded here is how to identify the need to buy a house with personal property evidence Support. If one party purchases a house with his or her personal property, it is necessary to prove that the purchase money belongs to the personal property of the husband and wife. Therefore, it is particularly necessary to retain the evidence that the property belongs to personal property for a rainy day.

5. According to the new Marriage Law, after marriage, if one or both parties buy a house with the joint property of the husband and wife, and obtain the property certificate, how will the divorced property be divided? After marriage, one party purchases the house with the joint property of the husband and wife. No matter which party's name is registered in the house property certificate, the house property should belong to the joint property of the husband and wife. Divorce property division The judge will decide which party owns the house according to the actual situation, and the party who obtains the house property will compensate the other party according to the actual situation.

Finally, I would like to remind you that, litigation If it is found that the other party conceals property during the process, it should apply to the court in a timely manner Property preservation In this way, the other party can avoid hiding more common property of husband and wife. Moreover, the specific amount of property concealed by the party concerned can be applied to the people's court for investigation. In fact, the practice of concealing the joint property of husband and wife is very ignorant. Not only can they not share more, but they will pay less for this behavior.