In the face of his wife, who is in charge of financial power, the husband secretly hides some private money for his own entertainment, which of course does not harm. However, when the relationship between husband and wife is coming to an end, if one party conceals the transfer of property and infringes on the other partys interests, the law is bound to be unable to sit idly by. Through four cases, this paper tells you about the situation of property transfer between husband and wife and the possible results, as well as the remedial measures that the other party can take.
On the eve of divorce, one party withdraws large sum of money, how does the court decide?
After returning from the court, Wang Li also felt that there was no need to maintain the marriage and planned to agree to divorce. In the process of asking a lawyer to investigate the property, Wang Li found that Zhang Jia withdrew 250000 yuan from his bank account twice on February 28, 2015, and both withdrawals happened in the first three months of the divorce lawsuit. Because the first lawsuit court did not adjudicate the divorce of the two people, so the withdrawal was still during the marriage period, which belonged to the malicious transfer of the couples joint property. Wang Li asked for the division of the property. Zhang Jia interpreted the payment as the repayment of the tea loan that had been overdue.
According to the courts review, there was a fact that Zhang Jia had withdrawn a total of 250000 yuan on February 28, 2015. Although Zhang Jia explained that he was repaying the previous tea loan, he failed to provide evidence to prove it and failed to reasonably explain the purpose of the money. Finally, the court ruled that the 250000 yuan transferred by Zhang Jia belonged to the joint property of the husband and wife. At the same time, the party who transferred the property should reduce the property as appropriate, and Zhang Jia should return 150000 yuan to Wang Li.
Is the equity transfer agreement valid when the husband and wife transfer the companys equity during the divorce proceedings?
Wang Zhen and Yu Jing had an unhappy marriage in their early years. They met at a meeting and both felt that each other was good, so they registered for marriage in 2004.
After knowing the truth, Wang Zhen filed a lawsuit of invalid equity transfer.
The court held that Yu Jing had no valid evidence to overturn the registration content of the companys investors made by the administrative department for Industry and commerce, and the registration content showed that Yu Jing contributed 250000 yuan to the company. The investment occurred during the marriage between Yu Jing and Wang Zhen, and he failed to prove that he had agreed with Wang Zhen that the property right belonged to him The 50% equity of the company formed from this should be regarded as the joint property of Wang Zhen and it. Wang Zhens claim is reasonable and based on the law, which is supported by the court.
After divorces only then discovers one party transfers conceals the property, can also want to return?
But only half a year after the divorce, Hu Lan happened to find that Zhou Jian had a real estate in Beijing and was registered in the name of Zhou Jian. She believes that the property acquired during the existence of the relationship between husband and wife should be the joint property of husband and wife. Therefore, Hu Lan sued the court for the division of Zhou Jians property and claimed to take 70% of the shares.
Zhou Jiana argued that the property was held on behalf of his parents. Due to the purchase restriction policy in Beijing, his parents were unable to buy a house in Beijing. After discussion, the two elders decided to purchase the house in the name of Zhou Jian. The actual investor of the house is the parents. Therefore, there is no legal basis for the division of the property as the joint property of husband and wife. In order to prove his claim, Zhou Jian provided the holding agreement between himself and his parents and the cash flow of his parents bank account.
After cross examination, Hu Lan recognized the authenticity and relevance of Zhou Jians evidence. According to the provisions of Article 47 of the marriage law, Hu Lan should prove that Zhou Jian concealed and transferred the common property of the husband and wife at the time of divorce. However, Hu Lan failed to prove that Hu Lans request could not be established.
Lu Wei and pan Yao got married in 2009. Due to Lu Weis extramarital affairs, they went through divorce procedures in 2014. Divorce agreement clearly: Lu Wei and pan Yao divorced because of their different personalities. Lu Wei cheated many times during pan Yaos pregnancy, and their feelings have broken down. At the same time, it also stipulates the responsibility of one party to conceal or transfer the joint property of husband and wife: there is no other property except the listed houses, motor vehicles, household appliances and bank deposits, and either party shall guarantee the authenticity of all the common properties listed above. If either party fails to perform its obligations within the time limit agreed in this agreement, it shall pay the other party a penalty of 100000 yuan.
However, just after the couple registered for divorce, pan Yao found that Lu Wei had transferred more than 1 million yuan of deposits in China Merchants Bank account and 1.02 million yuan in China Minsheng Bank account before the divorce.
The court held that: the divorce agreement signed by Lu Wei and pan Yao is legal and valid and binding on both parties. Before the marriage of Lu Wei and pan Li, Lu Wei had many large consumption, subscription, purchase, transfer or withdrawal of cash in a short period of time, with a total amount of more than 2 million yuan, which could not be reasonably explained and no evidence was provided to prove it. Therefore, it should be recognized that Lu Wei concealed and transferred the common property of the couple. In accordance with the provisions of the marriage law, when the couples joint property is divided, it can be divided into less or no shares. At the same time, although Lu Weis fault for his husband and wifes broken feelings is relatively large, but considering that the two childrens joint childbirth and raising a child with cerebral palsy is also one of the important factors affecting the couples feelings, and the actual situation that the two men agreed that Lu Weis daughter with cerebral palsy should be raised for life, the court decided that Pan Yao would get 1.1 million yuan for Lu Weis concealment and transfer, and that Lu Wei would get 94000 yuan for Lu Wei. Lu Wei also has to pay pan Yao a penalty of 100000 yuan.
1. How does the court decide if the other party transfers property in divorce or litigation?
The first paragraph of Article 47 of the marriage law stipulates that in case of divorce, one party conceals, transfers, sells off or damages the common property of the husband and wife, or forges debts in an attempt to occupy the property of the other party, the party who conceals, transfers, sells off or damages the joint property of the husband and wife or forges debts may be divided less or not. Therefore, if a party has the above behavior, the court can decide that the party has less or no property. Of course, there must be sufficient evidence to prove that the other party has the act of transferring property. In the case of their own difficulties in obtaining evidence, they can apply to the court for evidence collection.
2. How to protect the rights if the other party transfers the companys equity during divorce?
If one of the husband and wife transfers the equity to his relatives and friends before or during the divorce, the other party may sue for invalidation of the equity transfer. According to the second paragraph of Article 17 of Chinas marriage law, husband and wife have equal rights to deal with the property jointly owned. Therefore, the party holding the equity shall not transfer the equity without authorization; the unauthorized transfer of equity belongs to the unauthorized disposition. In the case of divorce, one of the husband and wife transfers the equity to his relatives and friends. The relatives and friends know that the equity is acquired after the marriage of the husband and wife, and the couple are in a divorce dispute. The act of acquiring the equity can not be regarded as bona fide acquisition, so the contract should be confirmed to be invalid.
Article 47 of the marriage law stipulates that after divorce, if the other party discovers any of the above-mentioned acts, he or she may bring a lawsuit to the peoples court to request for the re division of the husband and wifes joint property. The above-mentioned behavior refers to one party conceals, transfers, sells, damages the common property of husband and wife, or forges debts in order to occupy the other partys property. If, after divorce, one party brings a suit to the peoples Court on the ground that there is still a couples joint property that has not been dealt with, and after examination, the property is indeed the joint property of the husband and wife not involved at the time of divorce, and the peoples court shall divide the property according to law.
4. Does the liability for breach of contract stipulated in the divorce agreement have legal effect?
Family law expert.
Partner of Shanghai Huacheng law firm, deputy director of civil Professional Committee of National Lawyers Association,
She has been awarded the title of Shanghai excellent female lawyer and March 8th red flag bearer of Xuhui District, Shanghai.