Tang Yunhong, Lawyer of Guangdong Daohua Law Firm, Warmly Represents, Assistant Principal Successfully Signs 'Marital Property Agreement', Protecting Family Property Rights

The following is a case handled by Tang Yunhong, the chief lawyer of the Marriage and Family Law Team at the Guangdong Dao Hua Law Firm.

The couple has known each other and loved each other for over a decade. Recently, the female party discovered a large amount of evidence of the male party's infidelity, and she was heartbroken, looking as if she had died. Amidst her sadness, her young daughter reminded her: "Mom, you can't just be sad. You should take up the weapon of law to protect your legitimate rights and interests. You not only need to claim the property at home as yours but also sue the third party to recover your conjugal property.

The daughter's words instantly woke the woman up: Yes, at this very moment, we should use the weapon of law to safeguard our legitimate rights and interests. Therefore, through the introduction of a friend, the woman successfully found the marriage and family law team of Tang Yunhong at the Guangdong Avenue Dahu Law Firm, seeking legal assistance.

02 Investigation process

After accepting the commission, Tang Yunhong, the lawyer, quickly led the team to tailor solutions for the client and implement them one by one.

1.  Clarify the scope of joint property between husband and wife.According to Article 1062 of our Civil Code, property acquired during the existence of a marriage relationship shall be considered as the joint property of the husband and wife. The types of property are divided into movable property, immovable property, and property rights and interests. The Daohua Family Law and Matrimonial Law Firm assists the client in clarifying the scope of property, including but not limited to real estate, vehicles, cash deposits, stocks, equity, funds, and the like.

2.  Clearly define the client's property ownership requirements.The female party explicitly requires that the two properties in the male party's name be transferred to the sole ownership of the female party, with the subsequent loans to be repaid by the male party. However, the property has not yet been registered for change of ownership. Is this agreement valid?

3.  According to the law, a legally valid "Marital Property Agreement" shall be formulated.Tang Yunhong, a lawyer specializing in the field of marriage and family affairs for 10 years, has extensive experience in handling numerous large-scale divorce property divisions, especially in property and equity divisions. Regarding this, Lawyer Tang Yunhong pointed out that according to Article 1065 of the Civil Code, couples can make agreements in writing regarding the property acquired during the marriage and pre-marital property, and such agreements are legally binding on both parties. As long as the property agreement between the couple is a true expression of their intentions, the content does not violate mandatory provisions of laws or administrative regulations, does not harm the legitimate rights and interests of the state, the collective, or others, and does not violate public order and good customs, it is still effective between the couple even if the house change registration has not been processed. For example, if the couple signs an in-marriage property agreement, stipulating that the property belongs to one party, then within the couple, the property ownership should be determined according to the agreement.

4.  Assist and guide the principal in signing the "Marital Property Agreement," smoothly ensuring family property.After the draft of the agreement, Tang Yunhong, the lawyer, assisted the client in formulating communication and negotiation plans in accordance with the communication with the male party, adjusting them in real-time based on the case situation (including but not limited to the selection of communication venues, attitudes of both parties during communication, and the language used), and signing the agreement. Finally, after negotiations between both parties, the agreement was successfully signed.

03 Investigation results

Through the efforts of Tang Yunhong lawyer and his team, the client's "Marital Property Agreement" was successfully signed, ensuring the client's family property rights and interests.

04 Tang Code states

The Daohua Family Law Firm specializes in major property-related marriage and family disputes for 10 years, proficient in handling cases involving marriage and family matters with assets over 10 million yuan. During her 10 years of professional experience, Lawyer Tang Yunhong has handled numerous marriage and family cases. For many families with assets, she considers using the "Marital Property Agreement" to clarify property ownership and safeguard family property rights. Lawyer Tang Yunhong points out that the main reasons for signing the "Marital Property Agreement" are as follows:

1. Clarify property ownership: With the development of the economy, the sources and forms of property of both husband and wife are becoming increasingly diverse. A marital agreement can clearly define the scope and ownership of pre-marital and post-marital property. For example, if one party owns substantial property such as real estate and vehicles before marriage, the marital agreement can explicitly state that such property will not be converted into joint marital property due to the continuation of the marriage relationship. For the respective incomes and investment returns of both parties after marriage, the agreement can also stipulate whether they are owned individually or jointly, to avoid disputes arising from unclear property ownership.

2. Ensuring Economic Independence: Some couples hope to maintain a certain degree of economic independence within marriage. A prenuptial agreement can stipulate the rights and obligations of both parties in terms of economics, allowing them to better plan their personal financial lives, pursue their own career development and hobbies, and also help reduce conflicts and dependence arising from economic issues.

Mr. Tang Yunhong reminds: Our country's laws stipulate the default joint property system for married couples, but also allow for the agreement of property ownership between the couple, respecting the autonomy of both parties. However, the "Marital Property Agreement" must be in written form, otherwise it is invalid. At the same time, the wording of the "Marital Property Agreement" must be very careful; using one or two words incorrectly will invalidate the entire agreement. Therefore, it is very important to hire a professional family law attorney to draft it, otherwise the effort will be wasted if the agreement is invalid.。

(Tang Yunhong lawyer)

05 Involved laws and regulations

Article 1062 of the Civil Code [Joint Property of Husband and Wife] During the existence of the marriage relationship, the following property acquired by the husband and wife shall be joint property, jointly owned by both: (1 judicial interpretations, 994 ordinary cases)

(1) Salary, bonuses, and 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 handle the joint property.

2. Article 1065 of the Civil Code [Property System by Agreement of Husband and Wife] The husband and wife may agree that the property acquired during the marriage relationship and the pre-marital property shall be owned separately, jointly, or partially separately and partially jointly. The agreement shall be in writing form. 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 shall be legally binding on both parties. Where the husband and wife agree that the property acquired during the marriage relationship shall be owned separately, and one party to the marriage incurs debts to third parties, if the counterparty is aware of such agreement, the debt shall be settled with the personal property of the husband or wife.

06 Team Introduction

Dao Hua Family Law Firm, specializing for ten years in major property marriage and family legal services, is areal-world practice expert in marriage inheritance and family disputes (mediation/trial) and one of the influential brands in [Shenzhen] for 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, will drafting and notarization, and 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 and taxation, with a wealth of successful cases. We provide a comprehensive package of solutions for high-net-worth individuals (including those from Hong Kong, Macau, and foreign nationals) in marriage, family affairs, and wealth inheritance, to achieve the beautiful vision of risk prevention and control, debt isolation, and family wealth inheritance.

Asset types include: real estate (commercial housing, small property rights housing, land use rights, etc.), various property rights (equity, debt, relocation compensation, copyright, invention patents, etc.).

The team has completed the compilation of "A Collection of Successful Cases of Dao Hua Marriage and Inheritance" and "Legal Practice of Family Wealth Transmission," achieving remarkable achievements in both legal practice and theoretical research.