Case Summary:

Marriage is not always smooth sailing. With the shift in social concepts, an increasing number of couples are getting divorced. The division of property in divorce also carries risks. In a divorce dispute case, Mr. Lu, a party involved, sought the services of the marriage and family law team at Dao Hua Law Firm. The Dao Hua marriage and family team assigned a professional lawyer to handle the case.

Facing the daunting task of dividing Mr. Lu's family property, the Dao Hua marriage and family lawyers focused on the key points of the case, formulated a litigation plan through the overall discussion and judgment of the marriage and family law team, and repeatedly negotiated with Mr. Lu's wife in person, arguing their case. Ultimately, the parties reached a successful mediation. We helped our client, Mr. Lu, secure the ownership of the house, the car, custody of the children, and avoided the need to pay 1 million yuan in compensation to the other party. We saved over 80,000 yuan in litigation costs, maximizing the protection of the client's legitimate rights and interests and avoiding a court battle between the couple.

Mr. Lu and Miss Zhang are married and have one son and one daughter. After Mr. Lu and Miss Zhang were registered as married, a house in a certain district of Shenzhen was purchased with a loan from Mr. Lu's parents, and a total of 1.48 million yuan was spent on house renovation and furniture purchase. Before registering to marry L, the couple's joint property also included one car and a certain amount of bank deposits.

In 2022, the couple agreed to divorce. The woman demanded that Mr. Lu compensate her 1 million yuan and requested that the house, the car, and the custody of the two children be awarded to her. To protect his legitimate rights and interests, Mr. Lu fully trusted Dao Hua Law Firm and entrusted the case to the Dao Hua marriage and family law team.

Case Process:

After receiving the case, the Dao Hua marriage and family law team immediately analyzed Mr. Lu's family property situation, identified facts favorable to both parties from a legal perspective, and learned from Mr. Lu whether there were any legal risk points in the case. Through case sorting, the Dao Hua marriage and family lawyers found that there were favorable circumstances for our party, namely, the house was purchased with funds from Mr. Lu's parents, and should be considered pre-marital property. Mr. Lu only needs to compensate for the joint repayment portion after marriage. Therefore, we can strive for a favorable result in terms of house ownership. In terms of mediation strategy, after communicating with Mr. Lu and considering various factors, a solution was determined.

After confirming the solution, the Dao Hua marriage and family lawyers sorted out the client's financial statements and found that the source of the related funds had not been clarified. Whether it is joint property or personal property of one party, Miss Zhang's claim for division is calculated based on joint property. Therefore, the Dao Hua marriage and family lawyers meticulously categorized the client's bank statements by time period, identified the time when the joint property was used to repay the house loan and the time when personal property was used to repay the loan, and visually demonstrated that the portion of personal property should not be divided as joint property.

Similarly, in terms of house renovation and furniture purchase funds, the Dao Hua marriage and family lawyers, through a large number of case searches and academic views, finally clarified that renovation and furniture should be considered separate property rather than附属物 of the house, and were purchased before marriage by Mr. Lu's parents, and should not be divided as part of the property.

Case Outcome:

Finally, under the mediation organized by the court, both parties reached an agreement. The obligation of our client, Mr. T, to pay 1 million yuan to Miss L was waived, and the high litigation costs of over 80,000 yuan were also waived. The house and the car belong to Mr. Lu, the two children are under Mr. Lu's custody, and Mr. Lu compensates Miss Zhang 100,000 yuan.

Dao Hua Analysis:

In terms of legal theory, the issue of whether the post-marital loan repayment is personal property or joint property, and the issue of whether the house purchase funds provided by Mr. Lu's parents are joint property or personal property, the Dao Hua marriage and family law team, as a professional lawyer team dedicated to the field of marriage and family law, has made rigorous, detailed, and comprehensive judgments and analyses of the legal issues presented in the case and around the key points, taking into account all possible details that may affect the outcome of the case, and formulated a litigation strategy that aims to maximize the interests of our party and is practical and feasible. They also requested the assistance of the judge to mediate and strive for the maximum interests of our party. It goes without saying that the Dao Hua marriage and family law team played a crucial role in this case.