One, Case Review

The male and female parties filed for divorce through litigation in 2022, and the court granted the divorce and divided the joint property of the two parties, including real estate and vehicles. Later, the male party discovered that the female party had several bank account deposits that were not handled in addition to the property divided in the litigation, and it seemed that the female party had several large-scale external expenses and transfers during the divorce litigation period. However, due to the passage of time, the male party could not obtain information about the female party's bank transfers. In order to safeguard his legitimate rights and interests, the male party sought help from the Dao Hua Law Firm.

Two, Dispute Focus and Case Handling Process

One, After Tang Yunhong lawyer got involved in the case, he clarified the property situation:

By clarifying the scope of the joint property of the husband and wife of the two parties, according to the client's demands, a post-divorce property dispute was filed, and a request for investigation and evidence collection was submitted after the case was filed, to investigate whether the female party had other property that had not been divided as joint property of the husband and wife, in addition to the bank accounts known to the entrustor.

Two, Identify the focus of the case dispute and formulate a litigation plan:

1. According to the provisions of the Civil Code on the joint property of the husband and wife, and the provisions that the property concealed or maliciously transferred by one party to the husband and wife should be divided less or partially, through the proof that the female party has other property that has not been divided and there is a transfer of property, to fight for a larger share of interests for the entrustor.

2. Tang Yunhong lawyer led his team to focus on the focus of the case dispute, combining the investigation and evidence collection to obtain the detailed bank statements of the female party, and submit evidence to prove that the female party's several large-scale external transfers are an infringement of the joint ownership of the property of the husband and wife.

Three, Fierce debate in court, fighting for justice.

This case was heard in the First Instance Court of Dongguan City. In court, Tang Yunhong lawyer, with his rich experience in litigation of marriage and family cases, effectively exposed the concealment behavior of the other party in the division of joint property of the husband and wife, and safeguarded the legitimate rights and interests of the entrustor.

Three, Case Outcome

On December 21, 2024, the Third People's Court of Dongguan City made a judgment, the judgment was as follows:

Four, Case Experience

In divorce cases, in addition to the battle of the divorce dispute itself, post-divorce property disputes are also one of the possible difficulties that many divorcees may face. According to the judicial practice of divorce cases in our country, for the division of joint property of the couple, the judge will only handle the property proposed by both parties in the litigation. According to the "no suit, no judgment" principle of the "Civil Procedure Law", if one party is unaware of or has not made a claim for part of the joint property, the judge often does not handle that part of the property. The client in this case was precisely because the property situation of the other party was not clarified during the divorce litigation, coupled with the deliberate concealment of the other party, resulting in the non-separation of some joint property of the couple.

Tang Yunhong, lawyer, points out that post-divorce property disputes involve various situations, including but not limited to: one party filing a lawsuit to apply for the revocation after a consensus-based divorce; one party failing to perform or failing to fully perform the property division agreement in the divorce agreement; one party maliciously concealing or transferring the joint property of the couple, and the other party claiming for division; the joint property of the couple being inadvertently or not divided at the time of divorce, etc. As a professional divorce lawyer, it is necessary to formulate a litigation plan according to the actual situation of the client in order to help the client obtain their due rights and interests to the greatest extent.

(Tang Lawyer)

Five, Legal Regulations

1、《中华人民共和国民法典》第一千零六十二条 【Joint Property of the Couple】The following property obtained by the couple during the marriage relationship shall be the joint property of the couple and jointly owned by them:

(1) Salary, bonus, and remuneration for labor;

(2) Profits from production, operation, and investment;

(3) Profits from intellectual property rights;

(4) Property inherited or gifted, except for the third item of Article 1063 of this Law;

(5) Other property that should be jointly owned.

The couple has an equal right to dispose of the joint property.

2. Article 1092 of the Civil Code of the People's Republic of China: If one spouse conceals, transfers, sells, destroys, or squanders the joint property of the couple, or forges joint debts of the couple in an attempt to appropriate the other spouse's property, when dividing the joint property during divorce, the court may allocate less or no property to that spouse. After divorce, if the other spouse discovers the aforementioned behavior, they may file a lawsuit with the People's Court to request a redivision of the joint property of the couple.