Introduction: Ms. Liu and Mr. Zhao were registered as married at the Nanshan District Civil Affairs Bureau in Shenzhen in 2018, and their marriage has been very harmonious since then. Mr. Zhao purchased a house in Shenzhen with a down payment before marriage. After marriage, the couple jointly repaid the mortgage. Ms. Liu is from Hong Kong, and Mr. Zhao, in order to help Ms. Liu live better in the mainland and promote their marital relationship, hopes to entrust a lawyer to draft a marital agreement to clearly define the house ownership. The Daohua Family Law Firm drafts marital agreements to help both parties avoid legal risks, with each party owning 50% of the house.

1. Case Review:

Ms. Liu and Mr. Zhao were registered as married at the Nanshan District Civil Affairs Bureau in Shenzhen in 2018, and their marriage has been very harmonious since then. Mr. Zhao purchased a house in Shenzhen with a down payment before marriage. After marriage, the couple jointly repaid the mortgage. Ms. Liu is from Hong Kong, and Mr. Zhao, in order to help Ms. Liu live better in the mainland and promote their marital relationship, hopes to entrust a lawyer to draft a marital agreement to clearly define the house ownership, with each party owning 50%.

Mr. Zhao learned about the Daohua Family Law Firm through a friend's introduction, knowing that the firm is very professional in marriage cases, with a large number of successful cases, and has solved legal troubles for hundreds of couples and families. He specially entrusted the Daohua Family Law Firm to develop a special solution.

2. The Daohua lawyers draft marital agreements based on the parties' demands and the actual property situation to promote the couple's relationship.

1. The Daohua lawyers understand the composition of the house purchase funds and control the overall direction of the case.

After receiving the case, the Daohua lawyers first investigated and understood the source of the funds used to purchase the house. The Daohua lawyers found that the house was purchased by the man before marriage, with a down payment of 3.6 million yuan, a mortgage of 8 million yuan, and a total house price of over 11.6 million yuan. The down payment also included financial assistance from the man's parents. The man and woman have been jointly repaying the house mortgage since marriage. It can be seen that the structure of the house payment is complex, involving many people.

2. The Daohua lawyers meet with all parties to understand the true intentions of the parties.

Firstly, the Dahuo lawyer arranged a meeting with both the husband and the wife at the law firm to understand their true intentions regarding the property division. After the lawyer's investigation, it was found that the couple had a harmonious relationship, with no arguments or intention to divorce. The wife is a Hong Kong resident who had her own job and life in Hong Kong. After marrying the husband, she actively gave up her life in Hong Kong for the sake of a harmonious family life, resolutely moved to Shenzhen, and jointly repaid the mortgage with the husband. In this situation, the husband, in order to provide the wife with enough security, hoped to agree on the share of the house in writing.

3. The Dahuo lawyer drafted a marital agreement to exclude risks for the parties involved.

During the process of drafting the marital agreement for the parties, the Dahuo lawyer found that when the husband paid the down payment for the house, his parents also provided financial support. To avoid the possibility of the husband's parents claiming a share of the house based on their contribution to the purchase, the Dahuo lawyer clearly wrote the part of the parents' contribution into the marital agreement. After communicating with the husband and his parents, this part of the funds was clearly defined as a loan from the husband to his parents. If the husband's parents claim repayment, they can only claim it from the husband alone, and it has nothing to do with the wife.

Four, Case Outcome

The agreement stipulates that the house is the joint property of the husband and wife, with each party holding a 50% share. The husband will unconditionally cooperate with the wife to handle the property registration procedures when the wife requests it.

The financial contribution of the husband's parents when purchasing the agreement house is a voluntary gift to both the husband and the wife. If the husband's parents claim that this contribution is a loan, then the amount is to be borne by the husband; if the wife is therefore responsible for repayment, the husband is responsible for compensation.

Five, Insights from the Dahuo Lawyer's Case Handling

The Dahuo Family Law and Matrimonial Law Team specializes in major property-related marital and family disputes and is skilled in handling cases involving 10 million yuan or more in marital and family disputes. Lawyer Tang Yunhong points out that in handling marital and family cases, a family-oriented mindset is needed. Among the commonly used legal solutions to maintain family property relationships is to issue a marital agreement, thereby avoiding family property risks and easing family conflicts.

Lawyer Tang Yunhong explains that a marital agreement is a written agreement reached by the couple in their marital relationship, used to stipulate the property distribution, children's education, and domestic arrangements in their marital life. The content of the marital agreement can be diverse, depending on the specific circumstances and needs of the parties. Generally, it will involve the following aspects:

1. Property Distribution: Property issues are often the focal point of disputes between couples. By signing a marital agreement, the rights and obligations of both parties in property distribution can be clearly stipulated, such as the ownership of joint property and the retention of personal property, thereby avoiding property disputes in future life.

2. Children's Education: Children are the joint responsibility and obligation of the couple, and the issue of child custody is often an important topic between them. By signing a marital agreement, the responsibilities and divisions of labor in child custody, educational methods, and maintenance fees can be clearly stipulated, thereby providing a more stable and healthy environment for the growth of the children.

3. Domestic Arrangements: In the course of marriage, the handling of domestic affairs between husband and wife is often an important issue that requires coordination and resolution. By entering into a marital agreement, the division of labor and responsibilities in family matters can be clearly defined, such as household chores, living expenses, and holiday arrangements, thereby effectively reducing friction and conflicts between husband and wife.

It should be noted that marital agreements may be subject to certain legal restrictions, especially when involving important matters such as custody of children and property distribution. The law may require certain conditions to be met before they can take effect. Therefore, it is recommended to consult a professional lawyer before signing a marital agreement to ensure the legality and effectiveness of the agreement.

Sixth, Index of Relevant Laws and Regulations

1. Article 1062 of the Civil Code of the People's Republic of China stipulates: "The following property acquired by husband and wife during the continuance of the marriage relationship shall be considered as the joint property of husband and wife, and shall be jointly owned by husband and wife:

(1) Salaries, bonuses, and remuneration for labor;

(2) Profits from production, operation, and investment;

(3) Income from intellectual property rights;

(4) Property inherited or gifted, except for the third item of Article 1063 of this Law;

(5) Other property that should be jointly owned.

Husband and wife have equal rights to dispose of the joint property. "

2. Article 1063 of the Civil Code of the People's Republic of China stipulates: "The following property shall be considered as the personal property of one of the husband and wife:

(1) The personal property of one party before marriage;

(2) Compensation or compensation received by one party due to personal injury;

(3) Property designated to one party only by will or gift agreement;

(4) Personal daily necessities used by one party;

(5) Other property that should be owned by one party. "

3. Article 1065 of the Civil Code of the People's Republic of China stipulates: "Husband and wife may agree that the property acquired during the continuance of the marriage relationship and the personal property before marriage shall be owned separately, jointly, or partially separately and partially jointly. The agreement shall be in writing. In the absence of an agreement or where the agreement is unclear, the provisions of Article 1062 and Article 1063 of this Law shall apply. The agreement between husband and wife on the property acquired during the continuance of the marriage relationship and the personal property before marriage shall be binding on both parties. Where the agreement is that the property acquired during the continuance of the marriage relationship shall be owned separately, and the debt incurred by either husband or wife externally is known to the counterparty, the debt shall be settled with the personal property of the husband or wife. "

4. Article 1066 of the Civil Code of the People's Republic of China stipulates: "During the continuance of the marriage relationship, where any of the following circumstances occur, one party to the marriage may apply to the People's Court for the division of the joint property:

(1) One party has committed serious acts that seriously damage the joint property interests of the couple, such as hiding, transferring, selling, damaging, or squandering the joint property of the couple, or fabricating joint debts of the couple;

(2) One party has a legal obligation to support a person who is suffering from a serious illness and requires medical treatment, but the other party does not agree to pay the relevant medical expenses. ”

5. Article 1087 of the Civil Code of the People's Republic of China stipulates: “At the time of divorce, the joint property of the couple shall be handled by mutual agreement between the two parties; if the agreement cannot be reached, the People's Court shall make a judgment according to the specific circumstances of the property, in accordance with the principle of taking into account the interests of the children, the female party, and the party without fault. The rights and interests enjoyed by either husband or wife in the land contracting operation of the family shall be protected in accordance with the law. ”