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What should we do if we find that the other party conceals the common property of the husband and wife during divorce

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What should we do if we find that the other party conceals the common property of the husband and wife during divorce


        

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  • 2024-06-27 04:00:49

    In the process of divorce, if the amount of the joint property of the husband and wife is large, or in order to prevent the parties from hiding or transferring the joint property, the party who filed a divorce lawsuit may apply for property preservation.
    At this time, if the other party conceals or transfers the preserved property, the provisions of Article 102 of the Civil Procedure Law can be directly applied to sanction acts that hinder civil proceedings.
    The people's court may impose a fine or detain according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law.
    From the perspective of litigation, the plaintiff who requests to divide the joint property of husband and wife again must be able to prove that the other party has hidden, transferred, sold the joint property of husband and wife or forged debts, otherwise it will bear the risk of losing the lawsuit.
    Article 47 of the Marriage Law states that when divorcing, one party conceals, transfers, sells or damages the joint property of the husband and wife, or forges debts in an attempt to occupy the other party's property, when dividing the joint property of the husband and wife, the party who conceals, transfers, sells or damages the joint property of the husband and wife or forges debts may be given less or no share. After divorce, if the other party finds that he or she has committed any of the above acts, he or she may file a lawsuit with the people's court to request another division of the husband and wife's common property. The people's court shall, in accordance with the provisions of the Civil Procedure Law, impose sanctions on acts that impede civil proceedings as prescribed in the preceding paragraph.

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