In case | After divorce, if the other party transfers property during the marriage, can we sue for re division?

2022-10-11

Case In 2017, Ms. Shao divorced Mr. Chen. In 2021, Ms. Shao appealed to the court for property division, saying that on the day of divorce, Mr. Chen had withdrawn 330000 yuan from different outlets, which was an illegal transfer of property. It was a case that the law required less or no distribution of property. She asked the court to divide the common property of both parties according to this rule. Is Ms. Shao's request legal? It is legal to speak in terms of cases. Article 1092 of the Civil Code stipulates that if one of the husband and wife conceals, transfers, sells, destroys or squanders the joint property of the husband and wife, or forges the joint debts of the husband and wife in an attempt to occupy the other party's property, when the joint property of the husband and wife is divided through divorce, the party 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 the redistribution of the husband and wife's common property. (Liu Xinshe)

Edit:Yi Bing    Responsible editor:Wei Li Bin

Source:people.com.cn

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