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Assets division in divorce cases in China

When I handle divorce cases in China, I often see parties play tricks or tactics when facing assets division.

I'm representing someone in a divorce case whose spouse was moving money around between pre-existing and newly opened accounts in a complicated fashion, to say the least. One of the arrangements (according to said spouse at a settlement conference) is that he receives money via a check from his sister, deposits it into an account in his sole name that he considers a "trust" account, and then writes a check to his aunt's nursing home.

On occasion he has made errors and written the nursing home payment out of the parties joint account but then reimbursed the joint account from the "trust" account. That part appears to check out but is only a small amount of the total. He has not provided proof of invoices as to the amount paid and the nursing home is requiring a re-issued subpoena. My question is, Why would anyone pursue this complicated of an arrangement? The sister could pay the nursing home directly as she has a joint checking account with the aunt, instead of transferring the money to my client's husband and then he pays the nursing home...unless they are claiming to the nursing home that the aunt has no money. If the arrangement checks out I suppose it has little impact on how his divorce case settles, but something just doesn't seem right here.

Divorce is not a game and property division should be equitably done. If either party plays games, it usually turns out to be a close fight, which I don't want to see.

 

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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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