Clever woman, how to recover by the husband and wife of pocket common property?

Divorce, belongings problem is Chongzhongzhi is weighed, a lot of husband and wife do not have place to contend for belongings true it may be said need not its extremely. Conceal, move, sell off, murder husband and wife the behavior common occurance of common property.

Marriage law sets, husband and wife common property is concealed illegally one, transfer refus to be not handed over, or sell off illegally, of damage, when comminute, to concealing, move, sell off, the one party of damage belongings, should give be divided less or do not divide.

But the problem is, a lot of people are right in matrimony domestic economic atmosphere is indifferent, to domestic fortune devoid palm accuses, know the other side transfers property in the dark after all far from when the divorce.

Conceal, move husband and wife is collective the method of belongings is multifarious, basically have form of the following expression:

Conceal directly + setting trap

Bond of fund of the bank deposit that under one's name just hides when the divorce, praedial, accumulation fund, stock, cause the other side to break up husband and wife below unwitting circumstance common property.

Have more very person agreement of elaborate design divorce, avoid in the future the other side again exercise recovers the husband and wife that conceal the right of common property.

For example; When bilateral divorce, one party knows perfectly well him under one's name to have other the asset that hide is like house property, and in such as of the agreement when divorce agreement " the house property of respective under one's name puts in both sides of husband and wife 's charge respective and all " or " already broke up common property end " wait for a word.

Furtive move

The method that changes property under the counter basically has:

It is false change the name of owner in a register, without real business or donative relation, collude with with the 3rd person, the change the name of owner in a register such as stock of will praedial, company arrives under one's name of the 3rd person, but actually droit and control advantageous position still are on him hand.

2 it is to sell off asset, pass property of under one's name intermediary or other introduction sells asset of under one's name other, acquire cash reserve in a bank, avoid spouse breaks up asset.

3 it is donative other, asset of under one's name donative and near belong to or a third party, bring about husband and wife common property decreases.

Use a name

One party is restricted to buy other perhaps name with avoid, agitate spouse uses other name to buy praedial perhaps entrust hold, the person is held to collude with with era when the divorce do not admit to lend a name the fact, and conjugal one party proves to lend a name the fact without evidence, bring about a spouse to cannot advocate break up common property.

Outside eliminating afore-mentioned common methods, still dummy debt, false divorce waits, it is impossible to defend effectively really! So meet try in vain how should the spouse of common property do pocket husband and wife?

Hide praedial

When burst of feeling of husband and wife, one party is bought very easily under the counter praedial, conceal praedial when bringing about a divorce impartible.

Because buy room formalities and cycle longer, get along at ordinary times in husband and wife when, the person that hard to avoid buys a house may divulge the trace of a few respects that buy a house. When feeling of husband and wife is on bad terms, want to notice whether the other side has the action that transfers asset, can search record of come-and-go of capital of the other side.

Hide deposit

Before the divorce, one party is extremely possible will at ordinary times capital is accessed repeatedly, put park other account, odd number not much bank account capital is made to forensic qualitative testimony, claim debt has been used at life expense.

Inquire bank deposit difficulty is great, there basically is the following state in judicatory practice:

1, in know one party opens an account below the premise of travel and Zhang date, can apply for forensic inquiry;

2, know to open an account only row, do not know Zhang name, general case falls to also can apply for forensic inquiry;

3, both neither knows bank Zhang date does not know to open an account again row, the court cannot be investigated.

In daily life, husband and wife should notice to collect the other side to take a money by, deposit of watchful control the other side takes paragraph news. The attention masters the information of deposit of the other side, special to opening an account bank and capital Zhang date.

After one party of husband and wife returns the stock usu. in anticipation of or in order to bring about a fall in price inside meeting general stock market, set take ready money, the move after be being taken out, hide. But move capital also needs account of bank of have the aid of. Fund of stock, fund is transferred or hide OK and referenced bank deposit to handle way.

Will common to do sth without authorization of one party of husband and wife property is donative the behavior of other, highest courtyard thinks:

During marital relation puts add, both sides of husband and wife does not divide portion ground to enjoy droit jointly to common property, husband or wife blame needs punish husband and wife because of daily life when common property, ought to talk things over consistent, any one party have no right husband and wife of separate disciplinary action is collective belongings;

If one party of husband and wife exceeds daily life to need do sth without authorization will common property is donative other, this kind of donative behavior is invalid, the other one party in husband and wife can advocate return return. But the proof that also needs to collect belongings of punish of do sth without authorization of the other side.

Usually, lean power of party home remedy only, hard overfulfil investigates matter, invite professional lawyer to appear particularly important.

Legislation is little stick person

1. raises risk consciousness, know domestic worth state;

Character of 2. divorce agreement states clarity, prevent to fall into decoy;

3. discovers the other side has pocket common property behavior, obtain evidence in time;

Before 4. lawsuit or in litigant process, discover the other side has move, sell off, murder husband and wife of common property behavior, seasonable application belongings conserves;

5. is transferred to one party or collude with change the name of owner in a register with other, can apply for to affirm trade invalid.