Daohua Lawyers was entrusted to act as counsel in a divorce lawsuit and received full support from the Longgang District People's Court of Shenzhen. The firm successfully secured the ownership of the house for the client and exempted the joint debt of the couple.

Love is a very pure matter. When love comes, we all imagine spending the rest of our lives with the other person; choosing to get married is also the result of careful consideration.

However, life is unpredictable, and love always faces many challenges. Divorce is the end of a relationship and also the rebirth of two individuals. Properly ending a marriage can achieve a phoenix-like rebirth.

Case Review

Xu Mou (male, pseudonym) and Zhang Mu (female, pseudonym) were once married. They started dating freely in 1998 and got married in 1999, raising a daughter together. They supported each other and lived together until 2021, when the marriage could no longer continue due to personality incompatibility and the breakdown of their relationship.

Xu Mou filed a lawsuit with the Longgang District People's Court of Shenzhen, where he resides, seeking: 1. Dissolution of the marriage; 2. Ownership of the house and vehicle, with a compensation of 200,000 yuan to Zhang Mu; 3. Joint liability for the 200,000 yuan of joint debt during the marriage; 4. Joint responsibility for the living and educational expenses of the daughter born during the marriage.

After receiving the court summons, Zhang Mu, considering it did not conform to the basic facts and unacceptable, sought help from Daohua Lawyers. After understanding the facts of the marriage, the Daohua Lawyers team conducted a comprehensive analysis, collected and organized relevant evidence materials, and determined the best litigation strategy.

Ultimately, through the professional handling of Daohua Lawyers, the following was achieved regarding Xu Mou's claims: 1. Agreement to divorce; 2. The house is joint property, and it has always been occupied by Zhang Mu and the daughter, with Zhang Mu's income being lower than Xu Mou's. Therefore, the house should be awarded to Zhang Mu, who is willing to pay half the value of the property as compensation; the vehicle has always been used by Xu Mou, and it is agreed that it will be owned by Xu Mou, but Xu Mou should pay half the value of the vehicle as compensation to Zhang Mu; 3. It is argued that the 100,000 yuan paid by Xu Mou's mother for the house was not explicitly stated as a gift to Xu Mou, so it should be considered a gift to both parties; 4. The educational expenses of 16,000 yuan and the living expenses of 40,500 yuan will be jointly borne by both parties.

Court Decision

In a divorce dispute, whether to grant a divorce should be based on whether the couple's feelings have broken down. In this case, the couple's feelings have completely broken down, and the court granted the divorce claim. The court also made proper consultations on the child support and living expenses of the born child during the divorce lawsuit, with Xu Mou and Zhang Mu each bearing half of the costs.

Marriage cannot be separated from a house, and divorce is no exception. In this case, both parties acknowledged in court that the value of the involved property was 700,000 yuan and promised that if one party obtained the property, the other party would be able to pay the corresponding compensation in one payment. In response to this claim, the Longgang District People's Court adopted the plan proposed by Daohua Lawyers, considering the economic strength and living environment of both parties, and decided that the house should be owned by Zhang Mu; the vehicle should be owned by Xu Mou.

Regarding the third claim, Xu Mou claimed that Zhang Mu should return the 100,000 yuan to Xu Mou's parents. After the assistance of Daohua Lawyers, the court recognized that the involved amount was a gift to both parties, and the defendant did not need to return it.

Daohua Lawyers Analysis

Regarding divorce and child support, there was no major dispute between the parties and the plaintiff. The main争议 points in this case were: 1. Both parties hoped to obtain the ownership of the house through the litigation process; 2. Whether Zhang Mu should return the 100,000 yuan claimed by Xu Mou.

Regarding the first point, Daohua Lawyers combined emotional and legal reasoning. Firstly, the involved property was purchased during the marriage and is joint property. Secondly, according to the facts, the property has always been occupied by our client and the daughter, and the daughter will live with Zhang Mu for a long time in the future, and Zhang Mu's economic conditions are not as good as Xu Mou. Moreover, Zhang Mu is willing to pay half the value of the property as compensation to Xu Mou. Based on the above three points, Daohua Lawyers successfully helped the client achieve their claim and win the ownership of the house.

Regarding the second point, Xu Mou claimed that the 200,000 yuan of joint debt during the marriage should be split evenly between the two parties, which we did not agree with! After full communication between Daohua Lawyers and the parties, the joint debt claimed by Xu Mou in his claim was actually the capital contributed by Xu Mou's parents to purchase the house after the marriage. Xu Mou distorted the claim in his claim, stating that it was a loan from the parents to the children.

However, Daohua Lawyers used their professional knowledge, combined with laws and regulations, to find a breakthrough. According to the then Marriage Law (now repealed) and the current Civil Code, "After the parties get married, if the parents contribute capital to purchase a house for both parties, the contribution should be considered a gift to both parties, except if the parents explicitly state that it is a gift to one party." In this case, Xu Mou was unable to prove that the contribution was a gift to him personally and should bear the consequences of failing to prove. Therefore, the gift is to both parties, and the party Zhang Mu does not need to return it.

Thus, both争议 points in this case have been fully supported by the Longgang District People's Court. With the help and analysis of Daohua Lawyers, the case was a great success, and the client Zhang Mu also achieved the best possible outcome!