Dahua Case Analysis | Divorce and Property Division, as well as Child Custody Issues after Many Years of Separation Between the Couple

Case Summary:

The plaintiff (the female party) and the defendant were introduced through the mediation of relatives and friends and got married on [date] in [year]. After marriage, they had a son, Chen Yizhi, who is now 14 years old and has been living with the plaintiff. Due to limited pre-marital understanding and a weak emotional foundation, the couple got married in a hurry under the urging of their relatives and friends. After marriage, the couple often failed to communicate due to personality conflicts and were in a long-term cold war; and the defendant also had a history of domestic violence against the plaintiff when the child was young. Since then, the defendant has been living outside the home, and the couple has been separated ever since. Now, the feelings between the plaintiff and the defendant have indeed broken down, and there is no possibility of continuing to live together. Therefore, the plaintiff has filed a lawsuit with the court seeking a divorce, the division of property, and the custody of the child to be awarded to the plaintiff.

Trial process:

The defendant Chen Moujia argues that, first, the plaintiff and defendant have been living apart for a long time, their feelings have indeed been broken, and they agree to divorce; second, the legitimate child was once cared for by the defendant's family, and regarding the custody, the defendant hopes to seek the opinion of the legitimate child; third, regarding the two properties involved, as well as the two other properties acquired during the marriage, the defendant also requests a legal division: 1. The property located at X building, room XXX, Huimo Garden, Luoshan Road, Luohu District, Shenzhen. This property was obtained by the defendant before marriage as a public housing, later solely financed by the defendant through a bank mortgage, and was transferred to the joint ownership of the plaintiff and defendant after marriage, with each holding a 50% share, and the payment for the property has been settled; 2. The property located at room XXX, Jiuzhouge, certain garden, Cuizhu Road, Luohu District, Shenzhen, which was purchased during the marriage and registered in the name of the defendant, and the payment for the property has been settled; 3. The property located at X-B room, B building, certain garden, Puguo West Road, Buxin South Road, Luohu District, Shenzhen, which was purchased during the marriage and registered in the name of the plaintiff; 4. The property located at room XXX, certain building, Tianbei Four Road, Luohu District, Shenzhen, which was purchased during the marriage and registered in the name of the plaintiff. The defendant agrees to the divorce and requests the division of the joint property acquired during the marriage in accordance with the law.

Court judgment:

1. Marriage registration and children's birth situation: Both the original and defendant parties registered for marriage at the Civil Affairs Bureau of Luohu District, Shenzhen on××××year××month××day. They had a son named Chen Yizhi born on××××year××month××day.

2. Whether there exists a situation that can be approved for divorce: the defendant agrees to divorce.

3. Circumstances affecting child custody: The plaintiff and the defendant's son, Chen Yizhi, has reached the age of 14 and expressed his willingness to live with the plaintiff. The defendant stated that he respects his son's wishes.

4. Circumstances affecting child support: The plaintiff's son, Chen Yizhi, is currently studying and living in Shenzhen. The plaintiff has retired and receives a monthly retirement pension of over 3,000 yuan. The defendant claims to earn over 8,000 yuan per month, which the plaintiff does not confirm, and applies to retrieve the defendant's income and wage information. The defendant's employer issues a "Certificate" confirming the defendant's pre-tax income as 8,925.7 yuan. However, the plaintiff does not confirm this certificate. The defendant agrees to pay 2,500 yuan in child support per month.

5. Property ownership situation: The plaintiff claims that the property at No. XXX, Jiuyuege, a garden on Cuizhu Road, Luohu District, Shenzhen, and the property at No. XXX, Building X, Huimeng Garden, Luoshan Road, Luohu District, Shenzhen, are jointly owned by the couple. The defendant confirms that the property at No. XXX, Jiuyuege, a garden on Cuizhu Road, Luohu District, Shenzhen, is jointly owned by the couple, and claims that the property at No. XXX, Building X, Huimeng Garden, Luoshan Road, Luohu District, Shenzhen, is his personal property before marriage. The property at No. XXX, Jiuyuege, a garden on Cuizhu Road, Luohu District, Shenzhen, is currently registered in the defendant's name, and both parties confirm that the current value of the property is 1,700,000 yuan, with the plaintiff claiming ownership of the house. The property at No. XXX, Building X, Huimeng Garden, Luoshan Road, Luohu District, Shenzhen, is currently registered in the names of both the plaintiff and the defendant, each holding a 50% share. Both parties confirm that the current value of the property is 2,500,000 yuan, with the defendant claiming ownership of the house. The defendant claims that the property at No. X-B, Building B, a garden on Bu xin South Road, Aiguo West Road, Luohu District, Shenzhen, and the property at No. XXX, a certain building on Tianbei Four Road, Luohu District, Shenzhen, are jointly owned by the couple. The plaintiff confirms that the property at No. XXX, a certain building on Tianbei Four Road, Luohu District, Shenzhen, is jointly owned by the couple, and claims that the property at No. X-B, Building B, a garden on Bu xin South Road, Aiguo West Road, Luohu District, Shenzhen, is his personal property before marriage, purchased before marriage. The property at No. X-B, Building B, a garden on Bu xin South Road, Aiguo West Road, Luohu District, Shenzhen, and the property at No. XXX, a certain building on Tianbei Four Road, Luohu District, Shenzhen, are currently registered in the name of the plaintiff. Both parties confirm that the current value of the property at No. XXX, a certain building on Tianbei Four Road, Luohu District, Shenzhen, is 2,000,000 yuan, with the plaintiff claiming ownership of the house.

6. Regarding the debts incurred by either spouse individually or jointly: the plaintiff and defendant confirm that there are no joint liabilities or debts between the spouses.

The court ruled as follows:

One, permit the plaintiff Cong Mou and the defendant Chen Moujia to divorce.

Two, the legitimate child Chen Yizhi of the plaintiff Cong Mou and the defendant Chen Moujia shall be supported by the plaintiff. The defendant Chen Moujia shall pay the child support of 2,500 yuan per month starting from the month when this judgment takes effect until the child reaches the age of 18.

The third paragraph states that apartment XXX in building X of Huimen Garden on Luoshan Road, Luohu District, Shenzhen, belongs to the defendant Chen Moujia. The plaintiff Cong Mou must cooperate with the defendant Chen Moujia to handle the transfer procedures within one month from the date of the judgment coming into effect.

Four, Room XXX on the fourth floor of a building located at Tianbei 4th Road, Luohu District, Shenzhen, belongs to the plaintiff Cong Mou.

Five, the real estate property at No. XXX, Jiuzhouge, a garden on Cuizhu Road, Luohu District, Shenzhen, belongs to the plaintiff Cong Mou. The defendant Chen Mou Jia must cooperate with the plaintiff Cong Mou to handle the transfer procedures within one month from the date of the effectiveness of this judgment.

Six, the plaintiff Cong Mou shall pay the defendant Chen Moujia the housing compensation of 600,000 yuan within one month from the date of the effectiveness of this judgment.

Seven, reject the other litigation requests of the original and defendant parties.

Lawyer analysis:

The comprehensive analysis of the case confirms that the original and defendant parties have confirmed that their marital feelings have indeed been broken and the defendant also agrees to divorce. In most cases, the court will grant a divorce judgment. Attorney Dao Hua focuses on the analysis of post-divorce alimony and property division issues.

One: Custody issue:

Both parties' child, Chen Yizi, has reached the age of 14 and expressed a willingness to live with the plaintiff. In adjudicating custody disputes, the court will make a judgment based on the child's age, educational facts, the economic conditions of both parties, the child's wishes, and whether both parents can assist in the custody. In this case, the court considered the child's wishes and educational situation and ruled that Chen Yizi should be under the custody of the plaintiff. However, the plaintiff claims that the defendant should pay child support of 4,000 yuan per month. After verification by the court, the defendant's pre-tax monthly income is approximately 9,000 yuan. Although the plaintiff did not confirm the proof issued by the defendant's unit, no contradictory evidence was submitted. Therefore, the court legally accepted the proof. Regarding the amount of child support, according to Article 7 of the "Several Specific Opinions of the Supreme People's Court on the Handling of Issues Concerning Child Custody in Divorce Cases," the amount of child support can be determined based on the child's actual needs, the financial burden of both parents, and the local living standards. For those with a fixed income, child support is generally paid at a rate of 20-30% of their total monthly income. Therefore, the court decided that the defendant must pay child support of 2,500 yuan per month until the child reaches the age of 18, and the court did not support the plaintiff's request for an amount exceeding this.

Second, the issue of property ownership:

The plaintiff claims that the apartment No. XXX in Building X of Huimen Garden, Luoshan Road, Luohu District, Shenzhen, belongs to the joint property of the husband and wife, but the defendant does not confirm this. Dao Hua lawyer believes that although the property was purchased by the defendant before marriage, it was registered in the names of both the plaintiff and the defendant during the change of certificate after marriage, with each party holding a 50% share. Therefore, the property should be considered as joint property of the husband and wife and should be divided accordingly. In view of the fact that both parties confirm that the current value of the property is 25,000,000 yuan, and the defendant claims ownership of the house, the property should belong to the defendant. However, the defendant must pay the plaintiff a compensation of 12,500,000 yuan for the house, and the plaintiff should cooperate with the defendant to handle the house transfer procedures.

2. Both parties confirm that Room XXX at No. 4 Tianbei Road, Luohu District, Shenzhen, belongs to the joint property of the husband and wife, and the current value of the property is 2,000,000 yuan. The plaintiff claims ownership of the house, therefore, the property shall belong to the plaintiff, and the plaintiff shall pay the defendant 1,000,000 yuan as compensation for the house.

3. The defendant claims that the property located at Building B, Room X-B, a garden on Bu Xin South Road, AiGuo West Road, Luohu District, Shenzhen, is the joint property of the couple; however, the actual property was purchased by the plaintiff before marriage, therefore, the property should belong to the plaintiff.

4. The plaintiff and defendant confirm that the property located at No. XXX, Jiuzhouge, a garden on Cuizhu Road, Luohu District, Shenzhen, is the joint property of the couple, currently valued at 1,700,000 yuan. The plaintiff claims ownership of the house, therefore, the property shall belong to the plaintiff, but the plaintiff must pay the defendant a compensation of 850,000 yuan for the house, and the defendant shall cooperate with the plaintiff in handling the house transfer procedures.

In summary, for jointly-owned property of the couple, if one party claims ownership, the other party should be compensated for their share. Therefore, after offsetting the mutual house compensation payments between the plaintiff and the defendant, the plaintiff still needs to pay the defendant a house compensation of 600,000 yuan.

Three, regarding the plaintiff's claim of domestic violence in this case, no evidence has been submitted, therefore, it is not possible to prove the occurrence of domestic violence.

Lawyer reminder: When encountering domestic violence, one should promptly use the legal weapon to defend their rights, actively preserve evidence, and, if necessary, report to the police for handling. The police's filing evidence can also be used as evidence, and relevant diagnostic records should be kept.