The legal consequences of the unauthorized transfer of property by one of the spouses during the marriage
During the existence of the marital relationship, the property between the husband and wife is joint property, and both husband and wife have equal rights to dispose of the joint property. However, in some cases, one party may try to harm the interests of the other party by transferring property. So, what are the legal consequences of transferring property within marriage? This article will do this.
1. Definition of transfer of property within marriage.
Transfer of property within marriage refers to the act of one spouse transferring joint property to a third party or disposing of it without the consent of the other party during the existence of the marital relationship. This is usually done to avoid debts, hide property, or achieve other improper purposes.
2. Legal consequences of the transfer of property within marriage.
Article 1092 of the Civil Code of the People's Republic of China: Where one of the husband and wife conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when the joint property of the husband and wife is divided in divorce, the other party may receive a smaller share or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.
If one party transfers property during the marriage and causes losses to the other party, the other party may file a civil lawsuit with the court to require the party transferring the property to bear the corresponding civil liability. The court may order the party transferring the property to compensate the other party for the loss and return the transferred property.
3. How to prevent the transfer of property within marriage.
1.Establish a system for the management of joint property between husband and wife.
The husband and wife should establish a joint property management system and clarify their respective management responsibilities and authority. The disposal of major property should be subject to full consultation between the two parties and an agreement should be reached.
2.Regular disclosure of assets.
Husbands and wives should make regular property disclosures so that each other knows about their property status. This can effectively avoid the situation of one party transferring property without permission.
3.Assert your right to know.
One spouse should be aware of the other party's income, expenditures and property status, and promptly detect and prevent unreasonable property transfers. If you find that the other party has signs of transferring property, you should take timely measures to protect your rights and interests.
4.Seek legal help.
If it is found that the other party has transferred property, it should seek legal help in a timely manner, file a lawsuit with the court or apply for preservation measures. While protecting your own rights and interests, you should also pay attention to retaining relevant evidence in order to prove the other party's behavior in the lawsuit.
In conclusion, the transfer of property within marriage is an irresponsible act that not only harms the rights and interests of the other spouse, but may also violate the law. Therefore, the husband and wife should strengthen their common wealth.
The management and supervision of property shall safeguard their right to know and legitimate rights and interests. At the same time, if it is found that the other party has transferred property, it should take timely measures to protect its own rights and interests.