Dao Hua Case Analysis | Male in Absence, Female Files for Divorce and Requests Property Division

Case Summary:

After getting to know each other in Shenzhen, Feng and Huang confirmed their romantic relationship shortly thereafter. They did not have a deep understanding of each other, and due to their ages being over thirty, they got married impulsively. After marriage, Feng had no knowledge of Huang's work and family background. Feng had repeatedly proposed visiting Huang's workplace, but was always refused. Later, Feng was transferred to work in Huizhou due to work reasons, and they spent less and less time together, thus they did not establish a strong marital bond.

After marriage, the couple purchased a property in Shenzhen, registered in Huang's name, and took out a mortgage loan of 388,000 yuan from the China Construction Bank in Huang's name. However, starting from January 2009, Huang left the home and has been unable to be contacted since then, and has also stopped paying the mortgage. When Huang left the home, Feng was working in Huizhou and was unaware of this. Later, under the bank's urging, Feng was forced to deposit more than 2,000 yuan per month into Huang's mortgage account and has been repaying the loan ever since. In May 2010, Huang's credit card debt with the China Construction Bank was overdue, and as the bank could not find Huang, they contacted Feng through the contact person listed on the application form. Helplessly, Feng had to pay off the credit card bill for Huang. After that, Feng tried to contact Huang's family, but they also replied that they could not contact Feng. After a long search, Feng finally decided to file a lawsuit for divorce with the People's Court and claimed the ownership of the property purchased during the marriage.

Judgment Result:

After the People's Court conducted a trial in accordance with the law, it ruled that the divorce should be granted, and the property purchased after marriage and registered in Huang's name should be owned by Feng. Huang should assist Feng in handling the property transfer registration procedures within fifteen days from the date when the judgment takes effect. Feng should pay Huang a compensation of 40% of the total price of the house within fifteen days from the date when the judgment takes effect.

Legal Analysis:

One, how to prove that the other party has been missing for a long time, resulting in a separation of more than two years, and meets the conditions for divorce? Let's see how the evidence is presented in this case?

Evidence One: The "Report of Case" and the "Reception Record of Alarm Report". Feng reported to the Yuan Garden Police Station in Shenzhen that he had lost contact with Huang for three years and now wanted to divorce Huang but could not find him, so he came to the police station to report. The police station made a "Report of Case" for Feng and conducted a reception record of alarm report. Evidence Two: A "Proof" issued by the community. The content states that Huang has not lived in the property purchased by the couple for the past two years, and the house has been lived in by Feng alone; Evidence Three: A "Notice" issued by the court due to Huang's involvement in another case. This notice was posted at the property due to a brokerage contract dispute case between a certain real estate agency (Shenzhen) Co., Ltd. and Huang, and it was stated in the notice that there was no one to sign for the case delivery at the property.

In light of the above evidence, the court determined that the couple had been separated for more than two years and granted the divorce.

Two, how should the ownership of the house be determined?

Although the house was purchased during the marriage and registered in Huang's name, and the loan was applied for and repaid in Huang's name, it does not affect the determination of the house as joint marital property. Then, how should the house be divided?

As the couple has been separated for more than two years, considering that Feng has been living in the property for nearly two years, and based on the evidence provided by Feng, such as the invoice for the initial payment of the property, bank statements, and passbooks for repaying the mortgage, it can be proven that Feng has made significant contributions to the property during the separation. In light of the living conditions of the house and the principle of caring for the female party's rights and interests, the house should be owned by Feng, and Huang should assist Feng in handling the property transfer procedures. The ownership of the house should be determined as Feng owning 60% and Huang owning 40%, so Feng only needs to pay Huang a compensation of 40% of the total price of the house.