In the specific judicial practice, most cases are handled in accordance with the provisions of the first paragraph of Article 39 of the Marriage Law, and the joint property of husband and wife is handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
However, there are also acts of concealing, transferring, selling, destroying, squandering or forging the debts of husband and wife, which seriously damages the interests of husband and wife. Article 47 of the Marriage Law stipulates that at the time of divorce, one party hides, transfers, sells, damages the property of the husband and wife, or forges debts in an attempt to occupy the property of the other party. After the divorce, if the other party finds the above-mentioned behavior, it may bring a lawsuit to the people's court and request to divide the husband and wife's property again.
The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (III) also stipulates that if one party conceals, transfers, sells, damages or squanders the property of the husband and wife, or forges the debts of the husband and wife, which seriously damages the interests of the husband and wife, the court will not support it.
According to the above regulations, when filling out the property list at the time of divorce, the types, characteristics and quantity of the property must be objective, and the location of the property, the location of the real estate, the location of the goods and the deposit account number must be true, and the current user of the goods must not conceal the goods used.