Controversy over Property Dispute After Divorce? Tang Yunhong Lawyer Intervenes and Represents, Three Investigation and Evidence Application Papers Reveal Property Transfer Facts, Successfully Helps

One,Case review

The male party and the female party filed for a divorce lawsuit in 2022, and the court ruled for the divorce and divided the joint property, including real estate and vehicles. Later, the male party discovered that in addition to the property divided in the lawsuit, there were several bank accounts with deposits that had not been handled, and it seemed that the female party had several large external expenses and transfers during the divorce lawsuit period. However, due to the passage of time, the male party was unable to obtain information about the female party's bank transfers, and in order to safeguard his legitimate rights and interests, the male party sought help from the Dao Hua Law Firm.

Second,Dispute focus and investigation process

(1)After Tang Yunhong, the lawyer, got involved in the case, he clarified the property situation:

By clarifying the scope of joint marital property of both husband and wife, in accordance with the client's demands, a property dispute after divorce is initiated, and a request for investigation and evidence collection is submitted simultaneously after filing a lawsuit. The investigation is to check whether the woman has other properties that have not been divided as joint marital property, in addition to the bank accounts known to the client.

(Second)Identify the focal points of the case dispute and formulate a litigation plan:

1. According to the provisions of the Civil Code on the joint property of married couples and the case where one party conceals or maliciously transfers property, the property should be divided less or partially. By proving that the female party still has other property that has not been divided and there is evidence of property transfer, we strive to secure a larger share of interest for the client.

2. Tang Yunhong, lawyer, led his team to focus on the key disputes of the case, combining investigation and evidence collection to clarify the detailed bank statements of the female party, and submitting evidence to prove that the female party's multiple large-scale transfers to third parties are an infringement on the joint ownership of the couple's property.

(3) In court, there was a verbal duel, arguing with reason and logic.

In this case, after the first-instance trial hearing at the Dongguan Third People's Court, Tang Yunhong, lawyer, with his rich experience in marital and family law cases, effectively exposed the concealed behavior of the other party in the division of joint marital property, safeguarding the legitimate rights and interests of the client.

Three,Investigation results

Dongguan Third People's Court made a judgment on December 21, 2024, the judgment of which is as follows:

Four,Insights from law enforcement

In divorce cases, in addition to the battle of divorce disputes, property disputes after divorce are also one of the possible difficulties that many divorced individuals may face. According to the judicial practice of divorce cases in our country, for the division of joint property between the couple, judges will only handle the property proposed by both parties in the lawsuit. According to the "no suit, no judgment" principle of the "Civil Procedure Law," if one party is unclear or has not made a claim for part of the joint property, judges often do not handle that part of the property. The client in this case is precisely because the property situation of the other party was not clarified during the divorce lawsuit, coupled with the deliberate concealment of the other party, resulting in the undivided part of the joint property of the couple.

Mr. Tang Yunhong pointed out that property disputes after divorce involve various situations, including but not limited to one party filing a lawsuit to revoke the divorce agreement; one party failing to perform or partially 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; and the failure to divide or undivided joint property at the time of divorce, etc. As a professional divorce lawyer, one should need to formulate a litigation plan according to the actual situation of the client in order to help the client obtain the due rights and interests to the maximum extent.

(Tang Lawyer)

Five,Legal regulations

Article 1062 of the Civil Code of the People's Republic of China [Joint Property of Husband and Wife] During the existence of the marriage relationship, the following property acquired by the husband and wife shall be joint property of the husband and wife, jointly owned by both:

(1) Salary, bonuses, remuneration for services;

(2) Income from production, operation, and investment.

(3) Income from intellectual property rights;

(4) Property inherited or gifted, except as provided for in the third item of Article 1063 of this Law.

(5) Other property that should be jointly owned.

Husband and wife have equal rights to handle the joint property.

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 to 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 party discovers the aforementioned behavior, they may file a lawsuit with the People's Court to request a second division of the joint property of the couple.