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

Case Summary:

Feng and Huang met and confirmed their romantic relationship soon after working in Shenzhen. They did not have a deep understanding of each other, and both were in their thirties, so they got married in haste. After marriage, Feng had no idea about Huang's job and family background. Feng had repeatedly proposed to visit Huang's workplace, but was always refused. Later, Feng was transferred to work in Huizhou for a period of time due to work reasons, and they saw each other less often, so they did not establish a strong marital relationship.

After marriage, the couple purchased a property in Shenzhen, registered in the name of Huang, and applied for a mortgage loan of 388,000 yuan in the name of Huang from the Construction Bank. However, starting from January 2009, Huang left home and has been unreachable since then, and has also stopped paying the bank's mortgage. At the time Huang left, 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 each month into Huang's mortgage account and has been repaying the loan ever since. In May 2010, Huang's credit card debt at the Construction Bank was overdue and not repaid, as the bank could not find Huang and found Feng through the contact person on the application form. Helplessly, Feng had to pay off the credit card bill on Huang's behalf. After trying to contact Huang's family for a long time, Feng finally decided to file for divorce in the People's Court and claimed the ownership of the property purchased during the marriage.

Judgment result:

After the People's Court legally convened and heard the case, it ruled to grant the divorce to both parties. The property purchased after marriage, registered in the name of Huang, is owned by Feng. Huang should assist Feng in handling the transfer registration procedures for the aforementioned property within fifteen days from the date when the judgment takes effect. Meanwhile, Feng should pay Huang a compensation of 40% of the total price of the house within fifteen days from the date when this judgment takes effect.

Lawyer analysis:

How can one prove that the other party has been missing, resulting in a separation of more than two years, which meets the conditions for divorce? Let's see how evidence is presented in this case.

The house was purchased during the marriage of both parties, although it is registered in the name of Huang, and the loan was applied for and repaid in Huang's name. However, this does not affect the determination of the property as joint marital property. So, how should the property be divided?

Upon considering all the evidence, the court recognized the fact that the parties have been separated for over two years and granted the divorce.

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

The house was purchased during the marriage of both parties, although it is registered in the name of Huang, and the loan was applied for and repaid in Huang's name. However, this does not affect the determination of the property as joint marital property. So, how should the property be divided?

The parties have been separated for over two years. Considering that Feng has been living in the involved property for the past two years and based on the invoices for the initial payment of the involved property, bank statements, passbooks, and other evidence of repayment of the mortgage, it can be proven that Feng has made significant investments in the property during the separation. In conjunction with the living conditions of the house and the principle of caring for the female party's rights and interests, the property should belong to Feng. Huang should assist Feng in handling the property transfer procedures; the identification of the property share should be 60% for Feng and 40% for Huang, therefore, Feng only needs to pay Huang a compensation of 40%.