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 involves risks. In a divorce dispute case, Mr. Lu sought the help of the marriage and family law team at Dao Hua Law Firm. The Dao Hua marriage and family team assigned lawyer Yang Yue Ran and lawyer Yuan Ruo Qing to handle the case.

Mr. Lu and Miss Zhang are married and have a son and a daughter. After Mr. Lu and Miss Zhang got married, the two houses in a certain district of Shenzhen were purchased with the funds from Mr. Lu's parents and registered in Mr. Lu's name. During the marriage, Mr. Lu also purchased a luxury Land Rover worth several million yuan.

In 2022, their relationship broke down, and they filed a lawsuit with the court to divide the property. The woman demanded that Mr. Lu compensate her 1 million yuan and requested that the house, car, and 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.

Facing the issue of dividing Mr. Lu's million-dollar family property, the Dao Hua 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 with reason. In the end, the parties reached a settlement. We helped our client Mr. Lu secure the ownership of the house, the car, custody of the two children, and avoid the 1 million yuan compensation payment to the other party, saving up to 80,000 yuan in litigation costs, and maximized the legitimate rights and interests of the parties while avoiding a lawsuit between the couple.

Case Process:

After receiving the case, lawyers Yang Yue Ran and Yuan Ruo Qing analyzed Mr. Lu's family property situation immediately, found 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 law team found that there were favorable situations for our party, namely, the house was purchased with the funds from Mr. Lu's parents and registered in Mr. Lu's name, which should be Mr. Lu's personal property. Therefore, we can strive for a favorable result for our party in terms of ownership of the house. After communicating with the client Mr. Lu, Mr. Lu still hoped to resolve the issue through mediation to avoid the adverse effects of litigation, and after considering all parties, the Dao Hua lawyers determined the mediation plan.

After confirming the plan, the Dao Hua marriage and family lawyers sorted out the client's bank statements and found that the client's statements did not clarify the source of the relevant funds. Whether it is joint property of the couple 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 carefully classified the client's bank statements by time period, visually displaying the part of the personal property that should not be divided as joint property.

At the same time, because of the long-term separation due to the breakdown of feelings, it was proposed that the property obtained during the separation should not be considered as joint property for division. Combined with past experience in handling cases and a large number of retrieved cases, through both emotional and legal mediation, efforts were made to maximize the property rights and interests of the parties.

Case Outcome:

The parties reached a consensus on the mediation agreement:

1. Custody of the two children is awarded to Mr. Lu.

2. Both parties confirm that the two houses belong to Mr. Lu's personal property and will not be divided during the divorce. The million yuan Land Rover belongs to Mr. Lu.

3. Regarding property compensation: Mr. Lu only needs to compensate Miss Zhang 100,000 yuan.

Dao Hua Analysis:

During the divorce process, disputes often focus on the nature of property and how to divide it. Often, parties are unclear about how to determine the nature of property and do not know the correct calculation method for division. Once this is clarified, the ice between the parties can be broken, avoiding a lawsuit and also reducing the cost of divorce.

The Dao Hua marriage and family law team, as a professional law team committed to the field of marriage and family law for a long time, makes rigorous, detailed, and comprehensive judgments and analyses of the legal issues presented in the case and around the key points, fully considering various details that may affect the outcome of the case, formulating practical and feasible strategies and litigation solutions to maximize the interests of our party.