The husband has been missing for many years, the wife and her parents have raised the child, and they are requesting a property division. See how the Nanshan Court rules.

Summary of the Case

The male party left home in 2007 and has been missing since then, being declared missing in 2016. During the marriage, the couple purchased 4 properties. After the male party went missing, the female party raised their child alone under immense pressure, fortunate to have her mother's support, who repeatedly provided assistance with her pension and house demolition compensation, as well as helping to take care of the child. Now, her mother is aging and unable to continue helping to care for the child. Unfortunately, the female party had no choice but to sue the Nanshan Court to dissolve the marriage relationship and requested that the 2 properties located in Shenzhen among the 4 properties owned during the marriage be awarded to her, to facilitate the care of the child and to support her mother in her old age.

Trial Process

The court believes that since the defendant went missing in 2007, more than ten years have passed. The plaintiff and her son have been living in Shenzhen all this time, although assisted by the plaintiff's mother. However, in a city like Shenzhen, with a fast pace of life and economic pressure, it is extremely difficult for a single woman to live with a child, balancing work and family. The energy, pressure, and psychological distress caused by the husband's disappearance are unimaginable. Under all these pressures, she still has to shoulder the responsibility of nurturing the child to success, providing good living and learning conditions for the child. The pressure she has to bear during this period can be imagined. On the other hand, the plaintiff's parents have also provided great support, with her mother even coming to Shenzhen in poor health to help the plaintiff take care of the family, and the efforts of the plaintiff's parents are crucial. Now, the plaintiff requests to divide the joint property to ensure a more secure life for the child in Shenzhen and to support her mother in her old age. Therefore, this court supports the plaintiff's request for the division of property. The 2 properties located in Shenzhen are awarded to the plaintiff, and the remaining 2 properties are awarded to the defendant. Considering the aforementioned circumstances, the current reality, and the future life of the plaintiff and her child, this court supports the plaintiff's lawsuit request.

Analysis by Dao Hua Lawyer

If one party in a marriage is declared missing, the other party can file a lawsuit with the court to dissolve the marriage relationship, which meets the statutory conditions for granting a divorce. The marriage relationship is dissolved upon the effectiveness of the judgment, and the court with jurisdiction is an exception, which can be the plaintiff's place of residence or place of habitual residence. Therefore, in this case, the Nanshan District People's Court of Shenzhen can exercise jurisdiction over the case. Below, Dao Hua Lawyer provides the statutory conditions for a lawsuit for divorce:

① Bigamy or cohabitation with a person of the opposite sex;

② Committing domestic violence or abuse, or deserting family members;

③ Having a gambling or drug addiction that is not corrected despite repeated education;

④ Living apart due to disharmony for two years or more;

⑤ One party is declared missing, and the other party files a divorce lawsuit;

⑥ Disputes between the couple over whether to have children, leading to a breakdown in feelings, one party requesting a divorce, and the court failing to mediate effectively;

⑦ After the court has ruled that the marriage should not be dissolved, the couple lives apart for another year, and one party files a divorce lawsuit again.