01 Case Review

Here is a case handled by Tang Yunhong, the chief lawyer of the Marriage and Family Law Team at Guangdong Dao Hua Law Firm.

After more than a decade of knowing and loving each other, the woman recently discovered substantial evidence of the man's infidelity, and she was heartbroken and wasted away. Amidst her grief, her young daughter reminded her: Mom, you can't just be sad. You should take up the sword of law to protect your legitimate rights and interests. You not only need to claim the property at home as yours but also sue the third party to recover your conjugal property.

The daughter's words instantly woke the woman up: Yes, at this moment, we should use the sword of law to protect our legitimate rights and interests. Therefore, the woman, through the introduction of a friend, successfully found Tang Yunhong, a lawyer from the Marriage and Family Law Team at Guangdong Dao Hua Law Firm, to seek legal assistance.

02 Case Process

After accepting the委托, Lawyer Tang Yunhong quickly led the team to tailor a solution for the client and implement it step by step.

1.   Clarify the scope of the couple's joint property. According to Article 1062 of the "Civil Code" of our country, property acquired during the marriage is jointly owned by the couple. The types of property include movable property, immovable property, and property rights. The Dao Hua Marriage and Family Law Team assists the client in clarifying the scope of property, including but not limited to real estate, vehicles, cash deposits, stocks, equity, and funds.

2.   Specify the client's property ownership requirements. The woman clearly requires that two properties in the man's name be transferred to her sole ownership, with the subsequent loans to be repaid by the man. However, the property has not yet been registered for change of ownership, and whether this agreement is valid?

3.   Customize a legally valid "Marital Property Agreement" according to the law. Lawyer Tang Yunhong has focused on the field of marriage and family law for 10 years and has handled numerous large-scale divorce property division cases, particularly those involving real estate and equity division, with extensive experience. Regarding this, Lawyer Tang Yunhong pointed out that according to Article 1065 of the "Civil Code", couples can make agreements in writing regarding the property acquired during the marriage and pre-marital property, and such agreements are legally binding on both parties. As long as the agreement on the couple's property is a true reflection of their intentions, the content does not violate mandatory provisions of laws and administrative regulations, does not harm the legitimate rights and interests of the state, collective, or others, and does not violate public order and good customs, it is effective between the couple even if the house change of ownership is not registered. For example, if the couple signs a marital property agreement, stipulating that the property belongs to one party, then within the couple, the property ownership should be determined in accordance with the agreement.

4.   Assist and guide the client in signing the Marital Property Agreement to smoothly secure family property. After the agreement is drafted, Tang Yunhong, the lawyer, assists the client in formulating communication and negotiation plans based on the communication with the male party, adjusting them in real-time according to the case situation (including but not limited to the selection of communication venues, the attitudes of both parties during communication, and the languages used), and proceeding with the signing of the agreement. Ultimately, after negotiations between both parties, the agreement was successfully signed.

03 Case Outcome

Through the efforts of Tang Yunhong and her team, the client's Marital Property Agreement was successfully signed, securing the client's rights and interests in family property.

04 Tang's Legal Perspective

The Daohua Family Law Firm has focused on major property-related marital and family disputes for 10 years, excelling in handling cases involving more than 10 million yuan. During her 10 years of practice, Lawyer Tang Yunhong has handled numerous marital and family cases. For many families with assets, she considers using the Marital Property Agreement to clarify property ownership and safeguard family property rights. Lawyer Tang Yunhong points out that the main reasons for signing the Marital Property Agreement are as follows:

1. Clarify property ownership: With the development of the economy, the sources and forms of property of both husband and wife are becoming increasingly diverse. The marital agreement can clearly define the scope and ownership of pre-marital and post-marital property. For example, if one party owns significant property such as real estate or vehicles before marriage, the marital agreement can clearly state that such property will not be converted into joint marital property due to the continuation of the marriage relationship. For the respective incomes and investment returns of both parties after marriage, the agreement can also specify whether they are owned individually or jointly, thus avoiding disputes due to unclear property ownership.

2. Ensure economic independence: Some couples hope to maintain a certain degree of economic independence within the marriage. The marital agreement can stipulate the rights and obligations of both parties economically, allowing them to better plan their personal financial lives, pursue their respective career development and hobbies, and also help reduce conflicts and dependence arising from economic issues.

Lawyer Tang Yunhong reminds: Our country's laws and regulations provide for the default system of joint marital property, but also allow for the agreement of property ownership between husband and wife, respecting the autonomy of the parties. However, the Marital Property Agreement must be in written form, otherwise it is invalid. At the same time, the wording of the Marital Property Agreement must be very careful, as a few incorrect words can render the entire agreement invalid. Therefore, it is very important to hire a professional family law attorney to draft the agreement, otherwise the effort will be wasted if the agreement is invalid.

(Tang Yunhong Lawyer)

05 Relevant Laws and Regulations Involved

1. Article 1062 of the Civil Code  【Joint Property of Husband and Wife】The following property acquired by husband and wife during the marriage relationship shall be considered as joint property, owned by both husband and wife collectively: (司法解释1篇 普通案例994篇)

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

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

(3) Profits 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.

The husband and wife have equal rights to dispose of the joint property.

2.  Article 1065 of the Civil Code  【Property Agreement of Husband and Wife】Both parties may agree that the property acquired during the marriage relationship and the pre-marital property shall be owned separately, jointly, or partially separately and partially jointly. The agreement shall be in written form. If there is no agreement or the agreement is unclear, the provisions of Article 1062 and Article 1063 of this Law shall apply. The agreement between husband and wife regarding the property acquired during the marriage relationship and the pre-marital property shall have legal binding force. If the property acquired during the marriage relationship is agreed to be owned separately, and the husband or wife incurs external debt, if the counterparty knows about the agreement, the debt shall be settled with the personal property of the husband or wife.

06 Team Introduction

The Dao Hua Family Law and Matrimonial Lawyer Team has focused on high-value property family law services for ten years, is a实战 expert in marital inheritance family disputes (mediation/suit), and is one of the influential brands in [Shenzhen] for marital inheritance and wealth management legal services.

The team has handled over 1000 cases of marital inheritance, and has extensive experience in mediation and litigation in complex and difficult marital family matters, inheritance disputes, will drafting, and family property distribution. The team is adept at handling difficult divorce property division cases involving Shenzhen small property rights houses, village committee shares, and other complex issues, as well as will drafting and notarization, inheritance disputes, and has won unanimous praise from clients.

Adhering to the philosophy of "ensuring property security, preventing legal risks, and empowering wealth appreciation," we have gathered experts from the legal, banking, insurance, and tax industries, with a wealth of successful cases. We provide a comprehensive package of solutions for high-net-worth individuals (including those from Hong Kong, Macau, and foreign nationals) for marriage, family affairs, and wealth inheritance, to achieve the beautiful vision of risk prevention and control, debt isolation, and family wealth inheritance.

Asset types cover: real estate (residential housing, small property rights houses, land use rights, etc.), various property rights and interests (equity, debt, relocation compensation, copyright, invention patents, etc.).  

The team has completed the compilation of "Dahua Successful Cases in Marriage and Inheritance" and "Legal Practice of Family Wealth Inheritance," achieving outstanding results in both legal practice and theoretical research.