Fierce Negotiation Wins 1 Million Compensation Exemption! Striving for Maximum Benefits for the Male Party

Case Summary:

Marriage is not always smooth sailing; with the shift in social concepts, there are increasingly more couples getting divorced. The division of property in divorce cases also carries risks. In one divorce dispute case, Mr. Lu, the party involved, sought the services of the marriage and family law team at the Daohua Law Firm. The Daohua marriage and family team assigned a professional lawyer to handle this case.

Faced with the arduous issue of Mr. Lu's family property division, the Daohua Family Law Firm seized the key points of the case, formulated a litigation plan through the collective discussion and judgment of the family law team, and repeatedly negotiated with Mr. Lu's wife in person, arguing with reason. Ultimately, the parties reached a successful mediation. We helped our client, Mr. Lu, secure the ownership of the house, the ownership of the car, the custody of the child, and exempted the need to pay 1 million yuan in compensation to the other party, saving as much as 80,000 yuan in litigation costs, and maximally protected the legitimate rights and interests of the parties while avoiding a court trial between the couple.

Mr. Lu and Miss Zhang are husband and wife, and they have one son and one daughter. After Mr. Lu and Miss Zhang registered their marriage, they purchased a house in a certain district of Shenzhen with a loan funded by Mr. Lu's parents. The total cost for house renovation and furniture purchase was over 1.48 million yuan. Before registering their marriage with L, the couple's joint property also included one car and a certain amount of bank deposits.

In 2022, both parties agreed to a divorce. The female party demanded a compensation amount of 1 million yuan from Mr. Lu, and also requested that the house, car, and custody of the two children be awarded to her. In order to protect his legitimate rights and interests, Mr. Lu fully trusted the Daohua Law Firm and entrusted the entire case to the Daohua Family Law and Matrimonial Law Team.

Investigation process:

The Daohua Family Law Firm analyzed Mr. Lu's family property situation first upon receiving the case, identified facts favorable to both our client and the opposing party from a legal perspective, and learned from Mr. Lu whether there were any legal risk points in the case. By sorting out the case details, the Daohua Family Law Firm found a favorable situation for our client, namely that the house was purchased with funds from Mr. Lu's parents, which should be considered Mr. Lu's pre-marital property. Mr. Lu only needs to compensate for the joint loan repayment after marriage. Therefore, we can strive for a favorable outcome for our client in terms of house ownership. In terms of mediation strategy, after communicating with Mr. Lu, the client, and considering various factors, a solution was determined.

After confirming the plan, the Daohua Marriage and Family Lawyer, by sorting out the party's financial statements, found that the party's financial statements did not clarify the source of the relevant funds. Whether it is joint property of the couple or personal property belonging to one party, Ms. Zhang's claim for division is calculated based on joint property of the couple. Therefore, the Daohua Marriage and Family Lawyer classified the party's bank statements by time period in a comprehensive and detailed manner, identified the time when the party used joint property to repay the mortgage and the time when the party used personal property to repay the loan, and visually demonstrated that the part of the property belonging to our party should not be divided as joint property of the couple.

Similarly, regarding the house renovation expenses and furniture purchase funds, through a large number of case searches and inquiries into numerous academic viewpoints, the Daohua Marriage and Family Lawyer finally clearly pointed out that the renovation and furniture should be considered separate property rather thanappurtenances of the house, and since they were purchased by Mr. Lu's parents before marriage, this portion of the property should not be divided.

Case outcome:

Finally, under the mediation organized by the court, both parties reached an agreement, exempting our party member T from the obligation to pay 1 million yuan to L, and exempting our party member from the high litigation expenses of over 80,000 yuan. The house and car belong to Mr. Lu, the two children are also under the care of Mr. Lu, and Mr. Lu compensates Ms. Zhang 100,000 yuan.

Dao Hua Analysis:

In terms of legal theory, the issue of whether the loans repaid by the parties after marriage are individual or joint property, and the legal issues concerning the housing funds provided by our client Mr. Lu's parents, the Daohua Family Law Firm, as a professional legal team dedicated to the field of family and marriage law, has conducted rigorous, detailed, and comprehensive analysis and interpretation of the legal issues presented in the case and the key points surrounding the case. We have considered all possible details that may affect the outcome of the case and formulated a litigation strategy that aims to maximize our client's interests and is practical and feasible. We also request the judge's assistance in mediating on behalf of our client to strive for the maximum benefit. It goes without saying that the Daohua Family Law Firm has played a crucial role in this case.