Dao Hua Lawyer Represented Divorce Litigation, Received Full Support from Longgang District People's Court of Shenzhen, Successfully Won Property Ownership for Party and Exempted Joint Debt of

Dahua lawyer was entrusted to act as an agent in a divorce lawsuit, receiving full support from the Longgang District People's Court of Shenzhen, successfully securing the ownership of the house for the party and exempting the joint debt of the couple.

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

But life is full of surprises, and emotions are always facing many tests. Divorce is the end of a relationship, but also the rebirth of two people. Ending a marriage correctly can achieve the phoenix's rebirth.

Case review

Xu Mou (male, pseudonym) and Zhang Mou (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 due to personality incompatibility and the breakdown of their relationship, the marriage could no longer continue.

Xu sues the Longgang District People's Court of Shenzhen, his place of habitual residence, and demands: 1. Dissolution of the marriage relationship between the two parties; 2. Transfer of ownership of the house and vehicle to himself, and compensation of 200,000 yuan to Zhang Peng; 3. Both parties shall jointly bear the 200,000 yuan joint debt incurred during the marriage; 4. Both parties shall jointly bear the living expenses and tuition fees of the child born during the marriage.

Zhang San received a court summons and believed it did not conform to the basic facts, so he could not accept it and sought help from the Dao Hua Law Firm. After understanding the background of the marriage facts, the Dao Hua Law Firm team conducted a comprehensive analysis, collected and organized relevant evidence materials, and determined the best litigation strategy.

Ultimately, after the professional handling by Dao Hua lawyer, regarding Xu's litigation claims, 1. agree to divorce; 2. the property is the joint property of the couple, and has always been lived in by Zhang and his daughter. Zhang's income is lower than Xu's, and the house should be awarded to Zhang, who is willing to pay half the value of the property as compensation; the vehicle has always been used by Xu, and it is agreed to be owned by Xu, but Xu should pay half the value of the vehicle as compensation to Zhang; 3. claim that the 100,000 yuan housing payment paid by the plaintiff's mother was not expressed as a gift to the plaintiff, therefore, it should be regarded as a gift to both the husband and wife; 4. the tuition fee of 16,000 yuan and the living expenses of 40,500 yuan for the daughter should be jointly borne by both parties.

Court judgment

Whether to grant a divorce in a divorce dispute should be based on whether the couple's feelings have broken down. In this case, the couple's feelings have completely broken down, so the court granted the request for divorce and made a proper negotiation on the child support and living expenses of the legitimate daughter in the divorce lawsuit, with Xu and Zhang each bearing half.

Marriage cannot do without a house, nor can divorce. In this case, both parties acknowledged in court that the value of the involved property is 700,000 yuan and promised that if one party obtains the right to use the property, the other party is capable of paying the corresponding compensation in a single payment. In response to this lawsuit request, Longgang District People's Court adopted the proposal of the lawyer Dao Hua, considering the economic strength and living environment of both parties, and decided that the house should belong to Zhang Peng, and the vehicle to Xu Mou.

In response to the third claim, Xu argues that Zhang Peng should return 100,000 yuan to Xu's parents. With the assistance of Lawyer Dao Hua, the court determined that the involved amount was a gift to both parties, and the defendant is not required to return it.

Dào Huá law firm analysis

Regarding divorce and child support, there is no major dispute between the parties and the plaintiff. In this case, the main points of contention are two: 1. Both parties hope to obtain ownership of the house through the litigation process; 2. Whether Zhang needs to return the 100,000 yuan claimed by Xu.

In response to the first point, the lawyer of Dao Hua combined emotional and legal reasoning. Firstly, the involved property was purchased jointly by the couple during their marriage and is considered their common property. Secondly, according to the facts, the property has been lived in by our client and her daughter, and the daughter will live and reside with Zhang for a long time in the future, and Zhang's economic conditions are not as good as Xu's. Moreover, Zhang is willing to pay half of the property value as compensation to Xu. Based on the above three points, the lawyer of Dao Hua successfully helped the client achieve their claim and win the ownership of the house.

In response to the second point, Xu's claim for a joint debt of 200,000 yuan between the couple, requesting that each party pay half, is not recognized by us! After sufficient communication between Dao Hua lawyer and the parties involved, it was found that the joint debt Xu claimed to be for the couple's marriage was actually the funds provided by Xu's parents for purchasing a house for both parties. In the claim, Xu distorted and argued that it was a loan from parents to children.

But lawyer Dao Hua used his professional knowledge, combined with laws and regulations, and found a breakthrough. According to the then "Marriage Law" (which has been abolished), the current "Civil Code", "If the parents of the parties contribute funds for the purchase of a house after the marriage, the contribution shall be deemed as a gift to both the husband and wife, except when the parents explicitly state that the gift is to one party." In this case, Xu cannot prove that the contribution is a gift to Xu personally, and shall bear the consequences of failing to provide evidence. Therefore, the gift is a joint gift to both the husband and wife, and the party Zhang does not need to return it.

So far, both controversial points in this case have been fully supported by the Longgang District People's Court. With the help and analysis of the lawyer Dao Hua, the case has achieved a great victory, and the party Zhang San has also received the best outcome as desired!