How can we prevent one party from transferring property during divorce?

Lawyer Analysis Zhang Hao, a professional divorce lawyer in Shanghai, said that in divorce cases, houses are often registered in the name of one spouse, including the one who bought a house before marriage, the one who bought a house after marriage or the one whose parents contributed. Except that one party buys a house in full before marriage, in other cases, the other party enjoys certain rights to the house registered in one person's name with real estate license. If the property owner transfers the property during the divorce, it will inevitably harm the interests of the other party. Zhang Hao, a professional divorce lawyer in Shanghai, said that as long as one of the spouses can provide a guarantee, they can apply to the court to take property preservation measures for houses that may be transferred before or during divorce proceedings, which is a common measure taken by the parties. As a lawyer specializing in divorce business, Zhang Hao will introduce another effective property preservation measure-real estate objection registration to clients in this article. Compared with property preservation, real estate objection registration has the same effect of preventing property owners from transferring property, but it hardly needs any cost. Therefore, for divorced parties, real estate objection registration is a cheap and effective administrative measure to prevent the other party from transferring property. 1. If one spouse who applies for real estate objection registration is worried that the other spouse will transfer the real estate under his name, he/she shall apply for objection registration to the real estate registration agency (Shanghai District Real Estate Trading Center where the house is located). When applying for registration of objection to real estate, a divorced party shall submit his identity certificate, marriage certificate and other evidence to prove that the house belongs to the joint property of husband and wife to the real estate registration agency. 2. Real estate objection registration If the real estate registration agency receives the objection registration of the divorced parties, it shall record the objection in the real estate register on the same day. 3. file a divorce lawsuit or a property confirmation lawsuit. Within/0/5 days from the date of objection registration, the divorced parties shall file a divorce lawsuit or a real estate confirmation lawsuit. After accepting a divorce lawsuit or a real estate confirmation lawsuit, the court shall submit a Notice of Case Acceptance to the real estate registration agency. 4. Apply for correction of registration or cancellation of objection registration After the court has made a divorce judgment or a real estate confirmation judgment, the divorced parties shall apply for correction of registration or cancellation of objection registration with the effective divorce judgment or real estate confirmation judgment. 1. If a divorced party applies for real estate objection registration before divorce proceedings, the real estate registration agency shall suspend the acceptance of the application for real estate transfer and mortgage registration under review and the acceptance of new related registration applications. If a divorced party applies for registration of objection to real estate, the real estate registration agency shall suspend the transfer and transfer registration procedures being handled. 2. After the divorce parties file a divorce lawsuit, the real estate registration agency shall make a decision not to register and suspend the application for real estate transfer and mortgage, that is, it shall not handle the transfer registration procedures. The lawyer reminded Zhang Hao, a professional divorce lawyer in Shanghai, to file a divorce lawsuit or a real estate confirmation lawsuit within 5 days of objection registration/kloc-0 by the real estate registration agency. Second, after the court accepts a divorce lawsuit or a real estate confirmation lawsuit, the parties must submit a notice of acceptance of the case to the real estate registration agency and register it. According to Article 92 of the Civil Procedure Law of People's Republic of China (PRC), if the judgment cannot be executed or is difficult to be executed due to the behavior of one party or other reasons, the people's court may make a ruling on property preservation according to the application of the other party; If the parties do not apply, the people's court may also order the adoption of property preservation measures when necessary. Article 65 of the Regulations of Shanghai Municipality on the Registration of Real Estate: If an interested party of real estate rights thinks that there are errors in matters such as the land user and the house owner recorded in the real estate register, the real estate right holder recorded in the real estate register does not agree to make corrections, and the interested party cannot submit legally effective documents from the administrative organ, and the people's court or arbitration institution proves that there are errors in matters such as the ownership of real estate rights recorded in the real estate register, he may apply for objection registration with relevant evidence to prove that there may be errors in matters such as the ownership of rights. Article 66 The real estate registration institution shall record the objection in the real estate registration book on the day of accepting the application for objection registration. The parties file divorce proceedings within 15 days from the date of objection registration; If a party fails to file a divorce lawsuit within 15 days from the date of objection registration, the objection registration shall be invalid and the real estate registration agency shall cancel it. If the applicant brings a lawsuit, arbitration or administrative treatment to the land ownership dispute within fifteen days from the date of objection registration, it shall submit the relevant acceptance notice to the real estate registration agency. After the litigation, arbitration or administrative handling procedures of land ownership disputes are completed, the parties may apply for correction of registration or cancellation of objection registration with effective legal documents. After the objection registration is revoked, if the original applicant applies for objection registration again for the same matter, the real estate registration agency will not register it. Article 67 After accepting the application for objection registration, the real estate registration agency shall suspend the acceptance of the application for registration of transfer and mortgage of the examined real estate and the acceptance of new related registration applications. After receiving the notice of acceptance of litigation, arbitration or administrative handling of land ownership disputes filed by the applicant for objection registration, the real estate registration agency shall make a decision not to register the application for registration of real estate transfer and mortgage suspended in accordance with the fourth paragraph of Article 20 of these regulations. After the objection registration is revoked, the real estate registration institution shall resume the relevant real estate registration. This article is edited by Zhang Hao, a Shanghai lawyer.