How Long Before Divorce Is Considered Transfer of Property?Senior lawyers answer one on one

Mondo Education Updated on 2024-01-28

Transfer of property In China, the property acquired by the husband and wife during the marriage relationship is the joint property of the husband and wife, and the husband and wife have equal rights to dispose of the joint property. However, if one of the spouses transfers property before the divorce, it may constitute an offense. So, how long before a divorce is considered a transfer of property?

There is no clear legal limit on the time limit for the transfer of property before divorce. Generally, if one of the spouses frequently transfers a large amount of property in the period leading up to the divorce, it may be considered a malicious transfer of property. For example, if one spouse transfers a large amount of property to someone else or makes a large investment within a few months or six months before the divorce, it may be considered a malicious transfer of property.

In addition, if the transfer of property by one spouse before the divorce proves to be an attempt to avoid the division of the marital property or to the detriment of the other spouse's interests, the transfer of property may be deemed invalid and subject to restitution or compensation.

In conclusion, how long before a divorce is considered to be a transfer of property needs to be judged on a case-by-case basis. If one spouse has doubts or finds that the other spouse has transferred property, they can consult the relevant departments or lawyers to protect their legitimate rights and interests.

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