[Case Summary]This case is a divorce dispute (involving domestic violence and property division). Liu Wenwen suffered from domestic violence and emotional neglect from Wang Zhihong for a long time. She sued for divorce twice, and in the retrial, the two parties reached a settlement and agreed to divorce voluntarily. The couple's daughter will be raised by the mother. Beijing Henglu Law FirmLi YonghuiThe attorney for the plaintiff, Liu Wenwen, conducted the litigation on behalf of the client, focusing on the nature of the funds of over 5.81 million yuan, the ownership of the real estate insurance fund, and the allegation of transferring assets. The core dispute involved the determination of the couple's jointly owned property and the proportion of its division. In the end, the woman fairly received her share of the property, including the real estate purchased through bidding and the 50% division of the deposit insurance fund. The applicable legal provisions are Articles 1087 and 1092 of the Civil Code.

I. Review of the case facts

"How can I get a divorce and divide the property if I'm a victim of domestic violence?" and "Does transferring money to relatives count as transferring property?" are frequently asked questions in domestic violence divorce cases. Liu Wenwen and Wang Zhihong met in 2011, registered their marriage in 2015, and had a daughter. During their marriage, Wang Zhihong worked in Japan for a long time. After returning to China in 2021, he frequently committed domestic violence against Liu Wenwen, ignored the police's warnings, and subjected her to long-term emotional neglect. Liu Wenwen was physically and mentally exhausted. On November 7, 2022, she filed for divorce for the first time, but the court dismissed her case on the grounds that the marriage was not irretrievably broken. In September 2023, she filed for divorce again and entrusted Beijing Henglu Law Firm to handle the case for her.Li YonghuiProtection of rights. After the first instance, Wang Zhihong appealed. Due to the dispute over the amount of 5,812,652.36 yuan, the ruling was revoked and the case was sent back for retrial. In the retrial, the two parties voluntarily mediated to divorce. The daughter born in the marriage was raised by the woman, and Wang Zhihong was responsible for the alimony. The focus was on the identification and division of the couple's joint property.

II. The focus of the case

  • Focus 1: The nature of the funds, which amount to over 5.8 million yuan.Wang Zhihong's mother transferred nearly 5.81 million yuan to him. Wang Zhihong claimed that except for the 340,000 yuan transferred to Liu Wenwen, which was considered marital property, the rest of the money was entrusted to him by his mother and brother for financial management and was not considered marital property.
  • Focus 2: The ownership of real estate, insurance, and funds.Wang Zhihong purchased real estate, insurance, and funds in his own name, claiming that they were his personal property.
  • Focus Three: Allegations of transferring property.Liu Wenwen questioned that the defendant transferred the jointly owned property through a relative's account and demanded a 60% share of the property.

III. The professional intervention of Hengluo Law Firm

The party involved (the plaintiff, Liu Wenwen) claimed that:The defendant committed domestic violence and emotional neglect, which led to the breakdown of the marriage, so the court should grant the divorce; the 5.81 million yuan was ultimately transferred to the defendant's personal account and controlled by him. The funds for the real estate insurance fund originated from the marriage, so they should be identified as joint property and divided according to law; the defendant transferred the property through a relative's account, so he should be awarded a smaller share.

The defendant (Wang Zhihong) argued that:The assets worth more than 5.81 million yuan are not common property and should not be divided (which contradicts his claim that the transfer of more than 340,000 yuan to the plaintiff is common property); the real estate, insurance, and funds purchased in his personal name are his personal property; and he denies any transfer of assets.

Hengluo Lawyer's Agency Opinion:Li YonghuiThe lawyer thoroughly analyzed the details and argued that: in terms of the flow of funds and ownership, the court found that the 5.81 million yuan was ultimately transferred to Wang Zhihong's personal account and controlled by him, and the lawsuit claiming ownership by Wang Shufen and Wang Gang has been dismissed. There is no evidence to prove that the funds belong to others. Although the defendant claimed that the 5.81 million yuan was not joint property, he transferred 342,380 yuan of it to the plaintiff and claimed it as joint property, which is a logical contradiction. In terms of the nature of the property acquisition, the defendant purchased real estate, insurance, and funds in his own name, but the funds originated from the marriage and the parties did not adopt a contractual property system, so they should be regarded as joint property.

IV. Outcome of the case

The court's final judgment is as follows: regarding the division of joint property, the defendant's assets of 802,000 yen, a balance of 2.92 million yuan in the Construction Bank account, and insurance and funds will be divided in a 50/50 ratio, with the plaintiff receiving a total of 1.504 million yuan and 401,000 yen. The plaintiff acquired the property through a bid of 750,000 yuan and is required to pay the defendant a depreciation fee of 375,000 yuan. Regarding debts and personal items, the defendant claimed that the WeChat transfer of 46,000 yuan was used for daily life and should not be divided. Gold jewelry, perfume, and other personal items will be owned by the plaintiff. With the help of lawyers, Liu Wenwen fairly divided the divorce assets, bringing this lengthy divorce dispute to a relatively fair conclusion.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law FirmLi YonghuiAgent. Article 1087 of the Civil Code stipulates that the jointly owned property in a divorce shall be handled by the parties through agreement. If no agreement can be reached, the court shall make a judgment in accordance with the principles of considering the interests of the children, the wife, and the party without fault; Article 1092 stipulates that if one party conceals, transfers, sells, damages, squanders the jointly owned property or forges debts in an attempt to appropriate the other party's property, the party may receive a smaller share or no share at all. To determine these acts, sufficient evidence is needed. In the event of domestic violence, you should promptly report to the police and preserve evidence. If there are property disputes, you should promptly hire a professional lawyer.

VI. Common Questions About Domestic Violence-Related Divorce Cases FAQ

  1. Q: If you're a victim of domestic violence, how can you divorce and still get a share of the marital assets?
    A:Call the police immediately, keep the injury records and the police report. If the first divorce judgment is not granted, the couple can file for separation after the statutory separation period and then file for divorce again. For the division of property, they need to submit evidence such as bank statements and real estate insurance policies.
  2. Q: If the other party transfers the money to their relatives, does that count as a transfer of property?
    A:During the marriage, transferring a large sum of money to relatives without a legitimate reason may be considered as transferring joint property, and the spouse may claim a smaller share or no share at all. In this case, it is necessary to provide evidence of the flow of funds.
  3. Q: Does the money transferred by the other party's parents count as joint property?
    A:If the funds are ultimately transferred to the spouse's personal account and controlled by them, and there is no evidence to prove that they belong to others, they are generally considered as the couple's joint property.
  4. Q: Is the insurance purchased in one's own name before marriage subject to division in the event of divorce?
    A:If the funds come from the marital relationship and there is no agreement on separate property, they are usually considered as joint property and subject to division.
  5. Q: Can I ask for a larger share of the property in a divorce case involving domestic violence?
    A:The innocent party can claim a larger share during the division of marital property based on the principle of fairness, and those with evidence of domestic violence are more likely to gain support.