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How to deal with the hidden property of the discoverer

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How to deal with the hidden property of the discoverer


        

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  • 2024-06-23 18:00:01

    When divorce proceedings occur, one party conceals, transfers, sells, damages the couple's common property, and even invents false debts from time to time. Article 47 of the Marriage Law of the People's Republic of China stipulates: "In the event of divorce, if one party conceals, transfers, sells, or destroys 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 concealing, transferring, selling, or destroying 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. " Hiding means hiding without showing. Transfer refers to the place where the original object is changed. Sell off refers to the sale of property in exchange for cash. Damage refers to damage. The joint property of husband and wife refers to the property acquired by the husband and wife who implement the statutory matrimonial property system during the marriage, or the husband and wife who implement the agreed property system agree that the premarital property is common property or the part of the property obtained after marriage is jointly owned property. Interpretation of Several Issues of the Marriage Law of the People's Republic of China
    (1) Article 31 stipulates that: "The parties shall file a lawsuit to the court in accordance with Article 47 of the Marriage Law, and the limitation of action for requesting the re division of the joint property of the husband and wife shall be two years, counting from the day after the party discovers it." The specific situation and countermeasures are as follows:
    1、 Ways and Countermeasures of Bank Deposit Concealment and Transfer
    1. Before the divorce proceedings, the funds saved in ordinary times or on the salary card shall be withdrawn and stored in other bank accounts, and the few remaining salary cards shall be handed over to the court for cross examination.
    2. After taking out the deposit and saving it in another person's name, withdraw the deposit in cash without authorization (there will be traces in the way of transfer) and save it in another bank or another bank in another person's name, but claim that the paragraph has been used for daily expenses, which is also a method often used by one party to hide and transfer property when divorce.
    2、 Ways and countermeasures of hidden transfer of real estate some parties have secretly purchased another real estate before divorce. In order to make the property not included in the division of common property, the strategy of concealing is generally adopted in divorce. When the couple's feelings are not harmonious, they should be sensitive to each other's behavior, collect and provide relevant information and clues to query the couple's joint property.

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