Tang Yunhong, Lawyer at Dao Hua Law Firm, Successfully Mediates Divorce Dispute Case! Helps Client Win Custody and Large Property Division!

In 2015, Ms. Qian met Mr. Xie in their hometown in Hubei and fell in love freely. Later, they decided to go to Shenzhen for work and entrepreneurship, and got married in 2018. After marriage, they had a daughter. However, due to various frictions in life and disharmony in family relationships, the two eventually divorced. Both parties had no objections to the divorce, but there were significant differences in the division of property, and they could not divorce through agreement. Finally, Ms. Qian entrusted the lawyer Tang Yunhong of Guangdong Daohua Law Firm to mediate and file a lawsuit.

Second,Dispute focus and investigation process

After accepting theentrustment, Tang Lawyer sorted out the controversial issues between the male and female parties and judged whether there was a possibility of mediation.

The considerations for both parties ultimately leading to a divorce are mainly property, debt, and custody, so after learning about the story between Ms. Qian and Mr. Xie, Tang Yunhong, the lawyer, initially painted a portrait of Mr. Xie's character based on Ms. Qian's description, and also felt that both parties still have a certain emotional foundation; the biggest source of conflict is just the rigid andegregious relationship between their families.

(2) Synchronize litigation and mediation to help the client achieve their claims as soon as possible.

After understanding the character of the male party during the preliminary case discussion stage, Tang Lawyer completed the preparation of the lawsuit materials within a week based on the case materials provided by Miss Qian. On the day Miss Qian signed the lawsuit materials, the divorce dispute filing application was submitted to the court. After the court approved the application on the same day, Tang Lawyer called Mr. Xie to communicate, during which he understood and clarified Mr. Xie's thoughts, which is the focal point of the dispute in this case:

How should the property purchased with part of the parents' investment and joint loans by both husband and wife be divided after marriage?

2. The custody of the legitimate daughter and the amount of child support?

3. How to handle the situation where one party claims that the loan taken together for house purchase has been repaid, while the other party claims it has not been repaid?

(3) In response to the key issues of the case, quickly sort out the bank statements and submit an application for investigation and evidence collection.

In the divorce dispute involving the division of property, the composition of the down payment for the house includes loans, contributions from parents, and personal contributions. Therefore, before dividing the property, it is necessary to clarify the detailed composition of the house funding, and calculate the proportion of property division by understanding the market price of the property involved through multiple channels.

Three,Investigation results

After the trial was held by the People's Court of Longhua District, Shenzhen, both parties finally reached a mediation agreement:

1. Miss Qian has obtained custody of the child, and Mr. Xie pays child support of 1500 yuan per month.

2. Agree to split the house sale proceeds, with each person selling the house independently and obtaining half after deducting the portion of the outstanding loan.

3. The joint debt of the couple is borne by Mr. Xie individually.

Four,Insight into law enforcement

Marriage cases are different from other types of cases, as they often involve more emotion. Being able to become a couple is already a profound connection, so the mediation rate of divorce disputes is higher. The division of property, the custody of children, and the assumption of debts are unavoidable disputes in divorce cases. Only by having a more comprehensive understanding of the contradictions between the couple and conducting corresponding character portraits can one more accurately grasp the needs of both parties and carry out point-to-point mediation or targeted defense in court.

(Tang Lawyer)

Five,Legal regulations

One, child custody

The Civil Code of the People's Republic of China

Article 1085: After divorce, if the child is directly cared for by one party, the other party shall bear part or all of the child support. The amount of the support and the duration shall be agreed upon by both parties; if they cannot reach an agreement, the People's Court shall decide.

(2) Article 1086: After divorce, the father or mother who does not directly care for the child has the right to visit the child, and the other party has the obligation to assist. The methods and time for exercising the right to visit shall be agreed upon by the parties; if they cannot reach an agreement, the People's Court shall decide.

2. The Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Article of the Civil Code of the People's Republic of China

(1) Article 49: The amount of child support may be determined based on the actual needs of the child, the financial capabilities of both parents, and the actual living standards of the local area.

(2) Article 50: Child support shall be paid regularly, and may be paid in a lump sum under certain conditions.

(3) Article 51: If one parent has no economic income or is missing, their property can be used to offset child support.

II. Property division

1. The Civil Code of the People's Republic of China

Section 1062: The following property acquired by husband and wife during the continuance of their marital relationship shall be the joint property of the husband and wife, jointly owned by them:

Salary, bonuses, remuneration for labor.

Income from production, operation, and investment.

Income from intellectual property rights;

Inheritance or property received as a gift, but excluding those stipulated in the third item of Article 1063 of this Law.

Other property that should be jointly owned.

(2) Article 1063: The following property shall be the personal property of one spouse:

Marital property of one party.

Compensation or compensation obtained for personal injury sustained by one party.

Property designated in a will or gift contract to be solely owned by one party.

Items exclusively for one party's use.

Other property that should be attributed to one party.

Section 1087: At the time of divorce, the joint property of the husband and wife shall be handled by mutual agreement between the two parties; 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.

2. "Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Article of the Civil Code of the People's Republic of China"

(1) Article 71: When dividing the common property, such as stocks, bonds, fund shares, and other securities, as well as shares of unlisted joint-stock companies, between the husband and wife, if they cannot reach an agreement or it is difficult to distribute according to market value, the people's court may distribute them in proportion to the number.

(2) Article 72: When the parties cannot reach an agreement on the value and ownership of the house in the division of their joint property, the people's court shall handle the matter according to the following circumstances: If both parties claim ownership of the house and agree to bid for it, the claim shall be allowed; if one party claims ownership of the house, the evaluation institution shall appraise the house at the market price, and the party obtaining ownership of the house shall compensate the other party accordingly; if neither party claims ownership of the house, the house shall be auctioned according to the application of the parties, and the proceeds shall be divided.

Dao Hua Family Law Firm, ten years of focus on · major property family law services, expert in marriage inheritance family disputes (mediation/trial), is [Shenzhen native]- One of the influential brands in marriage inheritance and wealth management legal services. The team has handled over 1000 cases related to marriage inheritance, and has extensive experience in dispute resolution fields such as complex marriage and family matters, inheritance disputes, will drafting, and family property distribution. Utilizing local wisdom, the team is skilled in handling difficult divorce property division cases involving Shenzhen's small property rights houses, village committee shares, and will drafting and notarization, as well as inheritance disputes, winning unanimous praise from clients.

Adhering to the philosophy of "securing property safety, preventing legal risks, and empowering wealth appreciation," we gather experts from industries such as law, banking, insurance, and finance tax, with rich successful cases. We provide a comprehensive package of solutions for marriage, family affairs, and wealth inheritance for high-net-worth individuals (including those from Hong Kong, Macau, and foreign nationals), 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 housing, land use rights, etc.), various property rights and interests (equity, debt, relocation compensation, copyright, invention patents, etc.). The team has completed the compilation of "Daohua Successful Cases of Marriage and Inheritance" and "Legal Practice of Family Wealth Inheritance," and both legal practice and theoretical research have achieved remarkable results.