Marital property transfer disputes: How to deal with the other half's marital infidelity and protect personal property
Marital property transfer disputes: How to deal with the other half's marital infidelity and protect personal property
By : Kobre & Kim LLP
Case Overview:
Ms. Zhang and Mr. Wang are an international couple, Ms. Zhang is a Chinese national and resides in China, while Mr. Wang is a U.S. national who frequently travels between the two countries. Ms. Zhang found that during the duration of the marriage, Mr. Wang transferred substantial amounts of the couple's joint property to his personal accounts in the United States and to the name of his sister in the United States. Believing that this was a deliberate move by Mr. Wang to avoid future division of the property in the divorce, Ms. Zhang decided to seek legal recourse to recover the property.
Legal Response:
Asset Investigation and Evidence Collection: Ms. Zhang contacted our law firm and explained the situation in detail. The lawyer advised her to keep all documents and evidence related to the property transfer, including bank statement records, property transfer contracts, etc. Zhang collated evidence such as bank statement records, property transfer contracts and correspondence records with Wang and his sister to prove the fact of the property transfer.
International assistance and investigation: Due to the transnational factors involved, the lawyer advised Ms. Zhang to seek assistance from relevant agencies in China and the United States. In China, Zhang reported the case to the local police and asked for assistance in the investigation. In the US, the lawyer requested assistance from relevant US agencies through an international mutual legal assistance mechanism.
Enforcement and recovery of losses: The lawyer filed a civil suit with a Chinese court on behalf of Ms. Zhang, seeking validation of the property transfer between Mr. Wang and his sister and the return of all transferred property. At the same time, the lawyer is also initiating corresponding legal proceedings in the United States to ensure the recovery of cross-border property.
Outcome and Summary:
According to the settlement agreement, Mr. Wang returned $500,000 and the property to Ms. Zhang within the prescribed time. The case was successfully concluded after Zhang confirmed receipt of the money and the property.