Divorce Property Division of Ten Million RMB, Woman Proposes One Million Compensation, After Dao Hua Lawyer Negotiation and Mediation, Both Parties Reach a Smooth Settlement, Compensation Amount Only

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

Mr. Lu and Miss Zhang are husband and wife, and they have one son and one daughter after marriage. After Mr. Lu and Miss Zhang registered their marriage, 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 Land Rover worth several million yuan.

In 2022, the relationship between both parties broke down, and they filed a lawsuit with the court to divide their property. The female party demanded that Mr. Lu compensate her with 1 million yuan and 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.

Faced with the issue of dividing Mr. Lu's ten million yuan family property, Dao Hua lawyer grasped 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. Ultimately, the parties reached a successful mediation. It helped our client, Mr. Lu, secure the ownership of the house, the ownership of the vehicle, the custody of the two children, and exempted the need to pay 1 million yuan in compensation to the other party, saved over 80,000 yuan in litigation costs, and maximally protected the legitimate rights and interests of the parties while avoiding a lawsuit between the couple.

Investigation process:

Stella Liu and Yuan Ruqing, upon receiving the case, immediately analyzed Mr. Lu's family property situation, 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. After sorting out the case, the Dahuawu Marriage and Family Law Firm found that there were favorable circumstances for our client, namely that the house was purchased with funds from Mr. Lu's parents and registered in Mr. Lu's name, which should be considered Mr. Lu's personal property. Therefore, it is possible to strive for a favorable outcome for our client in terms of ownership of the house. After communicating with Mr. Lu, he still hoped to resolve the issue through mediation to avoid the adverse effects of litigation, and after considering all parties, the Dahuawu lawyers determined the mediation plan.

After confirming the plan, the Daohua Marriage and Family Lawyer, by sorting through the party's bank statements, found that the party's 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 the joint property of the couple.

Therefore, Daohua Family Law Firm has meticulously categorized the client's bank statements by time period, visually demonstrating that the portion of the property belonging to us individually should not be divided as joint marital property.

At the same time, due to the breakdown of their relationship, the two parties have been in a long-term separation, and propose that the property acquired during the separation should not be divided as joint marital property. In combination with past case experience and a large number of retrieved cases, under the dual mediation of both emotional and legal reasoning, efforts are made to maximize the property rights and interests of the parties involved.

Case outcome:

Both parties reached a consensus and agreed to a mediation agreement:

1. The 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-dollar Land Rover belongs to Mr. Lu.

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

Dao Hua Analysis:

During the divorce process, disputes often focus on the nature of property and how to divide it. The parties often do not know how to determine the nature of the property or the correct calculation method for division. Once the analysis is clear, the ice between the two parties can be broken, thereby avoiding going to court and reducing the cost of divorce.

The Daohua Family Law Firm, as a professional legal team committed to the field of family and marriage law, conducts rigorous, detailed, and comprehensive analysis and interpretation of legal issues presented in cases and around key points of the cases, taking into account various details that may affect the outcome of the case, formulating practical and feasible litigation strategies and solutions, in order to maximize the interests of our clients.