Marriage Related to Hong Kong! Male party purchases house separately before marriage, joint repayment of loans by couple after marriage, Tang Yunhong lawyer drafts marital agreement to clarify

Introduction: Ms. Liu and Mr. Zhao registered their marriage at the Civil Affairs Bureau of Nanshan District, Shenzhen in 2018, and their marriage has been very harmonious. As Mr. Zhao paid the down payment for a house in Shenzhen before marriage, the couple has been jointly repaying the mortgage since marriage. Ms. Liu is from Hong Kong, and Mr. Zhao wants to facilitate her better life in the mainland and promote their marital relationship. Mr. Zhao hopes to entrust a lawyer to draft a marital agreement to clearly define the house ownership. The Daohua Family Law Firm drafts the marital agreement to help the couple avoid legal risks, with each party holding a 50% share of the house.

One, Case Review:

Madam Liu and Mr. Zhao registered their marriage at the Civil Affairs Bureau of Nanshan District, Shenzhen City in 2018, and their marriage has been very harmonious since then. Because Mr. Zhao paid the down payment for a house in Shenzhen before marriage. After marriage, the couple jointly repaid the mortgage. Liu is from Hong Kong, and Zhao wants to ensure that Liu can live better on the mainland and promote their marital relationship. Zhao hopes to entrust a lawyer to draft a marital agreement, clearly defining the house ownership, with each party holding 50%.

Mr. Zhao learned about the Dao Hua Family Law Firm through a friend, who praised their expertise in marriage cases and their numerous successful cases, which have resolved legal troubles for hundreds of couples and families. He specially entrusted the Dao Hua Family Law Firm to develop a special solution.

Second,Dowah Lawyer drafts a marital agreement to promote the couple's feelings based on the party's claims and the actual property situation.

1. Daohua lawyer understands the composition of the housing purchase payment and controls the overall direction of the case.

After receiving the case, Dao Hua lawyer first investigated and understood the source of funds for the purchase of the house. Dao Hua lawyer found that the house was purchased by the male party before marriage, with the male party paying a down payment of 3.6 million yuan, a loan of 8 million yuan, and the total house price was over 11.6 million yuan. The down payment also included financial assistance from the male party's parents. After marriage, both the male and female parties have been jointly repaying the house loan. This shows that the payment structure of the house is complex and involves many people.

2、The Dahu Law Firm met with all parties involved to understand the true intentions of the parties.

First, Attorney Dao Hua invited both husband and wife to the law firm to separately understand their true intentions regarding the property distribution. 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 from Hong Kong, where she has her own job and life. After marrying the husband, in order to maintain a harmonious family life, the wife actively gave up her life in Hong Kong and resolutely moved to Shenzhen to live with the husband and together repay the mortgage. In this situation, the husband, in order to give the wife enough security, hopes to agree on the share of the house in writing.

3、The Dao Hua lawyer drafts a marital agreement to exclude risks for the parties involved.

During the process of drafting the marital agreement for the client, Daohua Lawyer discovered that the groom's parents provided financial support when he paid the down payment for the house purchase. To avoid the groom's parents claiming a share of the house in the future due to their investment in the purchase, Daohua Lawyer explicitly wrote the part of the parents' investment into the marital agreement. After communicating with the groom and his parents, this part of the funds was clearly defined as a loan from the groom to his parents. If the groom's parents claim repayment, they can only assert it against the groom alone and not the bride.

Four, Case Result

The agreement stipulates that the house is the joint property of both husband and wife, with each party holding a 50% share. The male party shall unconditionally cooperate with the female party in handling the property registration procedures upon the female party's request.

The parents of the male party's contribution for purchasing the agreement house is a voluntary gift to both parties. If the parents of the male party claim that the contribution is a loan, the male party is responsible for the amount; if the female party assumes the repayment responsibility due to this, the male party is responsible for compensation.

Chapter 5: Dao Hua Lawyer's Experience in Handling Cases

Dao Hua Family Law Firm specializes in major property-related marriage and family disputes, proficient in handling cases involving 10 million yuan in marriage and family matters.Mr. Tang Yunhong pointed out that in dealing with cases related to marriage and family affairs, it is necessary to use family thinking, and the common legal solution for maintaining family property relations is to issue a marital agreement during marriage, thereby avoiding family property risks and easing family conflicts.

Mr. Tang Yunhong explained that a marital agreement within marriage is a written agreement reached by the couple in their marital relationship, used to stipulate the arrangements for property distribution, children's education, domestic affairs, and other aspects of their marital life. The content of a marital agreement within marriage can be diverse, depending on the specific circumstances and needs of the couple, and generally involves the following aspects:

1. Property Distribution: Property issues are often the focal point of disputes between couples. By signing a marital agreement within marriage, it is possible to clearly define the rights and obligations of both parties in terms of property distribution, such as the ownership of joint property and the retention of personal property, thereby avoiding property disputes in future life.

2. Child Education: Childrearing is a joint responsibility and obligation of the couple, and the issue of child support is often an important topic between them. By signing a marital agreement within the marriage, it is possible to clearly define the division of responsibilities, educational methods, and support costs in childrearing, thereby providing a more stable and healthy environment for the child's growth.

3. Domestic Affairs Arrangement: In marital life, family affairs between couples are often an important issue that requires coordination and handling. By signing a marital agreement within marriage, it can be explicitly stipulated the division of labor and responsibilities of both parties in family affairs, such as household chores, living expenses, holiday arrangements, etc., thereby effectively reducing friction and conflicts between couples.

It should be noted that marital agreements within a marriage may be subject to certain legal restrictions, especially when it comes to 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 its legality and validity.

Chapter 6, Index of Relevant Laws and Regulations

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 their marriage relationship shall be the joint property of the husband and wife, jointly owned by them:"

(1) Salary, bonuses, remuneration for labor;

(2) Income from production, operation, and investment.

(3) Income from intellectual property rights;

(4) Property inherited or gifted, except as provided for in 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 joint property.

Article 1063 of the Civil Code of the People's Republic of China stipulates: "The following property shall be the personal property of one spouse: "

(1) The pre-marital property of one party.

(2) Compensation or compensation obtained by one party due to personal injury.

(3) Property specified in a will or gift contract to be solely owned by one party.

(4) Articles of daily use exclusively for one party.

(5) Other property that should be attributed to one party.

Article 1065 of the Civil Code of the People's Republic of China stipulates: "The parties to a marriage may agree that the property acquired during the marriage relationship and the pre-marital property shall be owned by each party, jointly owned, or partially owned by each party and partially jointly owned. The agreement shall be in writing. Where 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 the husband and wife regarding the property acquired during the marriage relationship and the pre-marital property is binding on both parties. Where the husband and wife agree that the property acquired during the marriage relationship shall be owned by each party separately, and one party to the marriage incurs external debts, if the counterparty is aware of such agreement, the debts shall be settled with the personal property of the husband or wife."

Article 1066 of the Civil Code of the People's Republic of China stipulates: "During the existence of a marriage relationship, if any of the following circumstances occur, either spouse may apply to the People's Court for the division of joint property:"

(1) One party has the act of hiding, transferring, selling, damaging, squandering the joint property of the couple, or fabricating joint debts of the couple, which seriously damages the joint property interests of the couple.

(2) If a person who has a legal obligation to provide support falls seriously ill and requires medical treatment, and the other party does not agree to pay the relevant medical expenses.

Article 1087 of the Civil Code of the People's Republic of China stipulates: "At the time of divorce, the joint property of the husband and wife shall be handled by mutual agreement; if the agreement fails, the People's Court shall make a judgment according to the specific circumstances of the property, in accordance with the principle of considering the interests of the children, the female party, and the party without fault. The rights and interests enjoyed by either the husband or the wife in the land contracting operation of the family shall be protected in accordance with the law."