[Case Summary]This case involves a divorce dispute. Liu Na and Zhang Yu divorced due to differences in their views. They jointly own a house at No. 102 in Beijing (which is jointly owned), a Mercedes-Benz car (registered under Zhang Yu's name), and have disagreements over the custody of their daughter. Liu Na entrusted the Beijing Henglu Law Firm to handle the case.Xiong BinrongThe lawyer acted on behalf of his client, prioritizing mediation and ultimately reaching an agreement that far exceeded expectations: a smooth divorce, clear visitation rights for the daughter, ownership of the house shared equally between the two parties with a mandatory sale clause, the Mercedes-Benz valued at 300,000 yuan going to Zhang Yu, and Zhang Yu paying Liu Na a discounted price of 150,000 yuan (which would be offset against alimony payments). Legal provisions applied: the provisions on the division of marital joint property in the Civil Code.

I. Review of the Case Facts

"How to divide property in a divorce without losing out", "What should I do if the other party delays selling the house", and "How to ensure the child's visitation rights" are the most pressing concerns of divorce litigants. Liu Na and Zhang Yu had a daughter, Zhang Meng, after their marriage, but they eventually divorced due to differences in their life philosophies. Liu Na's demands are simple: to dissolve the marriage as soon as possible, secure visitation rights, and strive for a fair division of property.

But the reality is far more complicated than imagined: the two of them jointly own a house at No. 102 in Beijing, which is registered as jointly owned but with no clear share; the Mercedes-Benz car registered under Zhang Yu's name; and there are disagreements over the custody of their daughter and the alimony payments. Liu Na originally planned to give up the division of the Mercedes-Benz car and just wanted to settle the matter quickly, but she was worried that after the division of the house, Zhang Yu might delay the sale and lose his rights. Therefore, she decided to entrust a lawyer to handle the case for her.Xiong BinrongAfter hiring a lawyer, the dispute was successfully resolved through mediation, with the outcome far exceeding our expectations.

II. The focus of the case

  • Focus 1: The scope of the couple's joint property and the method of its division.If the house has no clearly defined shares and the vehicle is registered under one party's name, how can it be divided fairly?
  • Focus 2: Child custody and visitation rights protection.Custody rights, the amount of child support, and visitation arrangements.
  • Focus 3: The enforceability of the agreement.How to avoid the other party delaying the sale and leaving your rights and interests in limbo.

III. Professional intervention by Hengluo Lawyers

The original complaint stated that:Liu Na's core demands are to dissolve the marriage efficiently, clarify her daughter's visitation rights, and ensure the enforceability of the property division. Initially, she was even willing to give up the division of the car.

Defendant's position:The two parties have disagreements over housing, vehicles, and alimony, and need to determine a specific solution through mediation.

Hengluo Lawyer's Representation Opinion:Xiong BinrongThe lawyer formulated a strategy of "prioritizing mediation and backed by law", seizing the core needs and negotiating accurately: regarding the vehicle, according to the provisions of the Civil Code on the division of marital joint property, he proposed that "the vehicle be valued at 300,000 yuan and given to Zhang Yu, with Liu Na receiving a depreciation payment of 150,000 yuan", and offset it with the alimony; regarding the house, it was clarified that each party would own 50% of the property rights, and the house would be listed for sale within 30 days after the mediation agreement took effect. If neither party cooperated, Liu Na could apply for forced auction. A joint account for the sale proceeds would be set up to completely block the loopholes in enforcement.

IV. Outcome of the case

Under the court's supervision, the two parties confirmed the mediation agreement: 1. Liu Na and Zhang Yu will divorce; 2. The couple's daughter, Zhang Meng, will be raised by Zhang Yu, and Liu Na will pay 200,000 yuan in alimony until the child reaches the age of 18. Of this amount, 150,000 yuan will be offset against the vehicle's depreciation value, and the remaining 50,000 yuan will be offset after the sale of the house; 3. Liu Na will visit Zhang Meng once a week; 4. The parties will each own a 50% share of the Beijing House No. 102, and they will assist each other in listing it for sale within 30 days. If they fail to cooperate, Liu Na may apply for a forced auction, and each party will receive 50% of the sale proceeds after deducting the expenses, with the funds held in a joint management account; 5. The Mercedes-Benz car will belong to Zhang Yu, who will pay Liu Na 150,000 yuan in vehicle depreciation compensation. The parties' satisfaction far exceeded expectations.

5. Henglu Law Firm's Advice

Divorce mediation can not only reduce confrontation and flexibly realize rights and interests, but also have less impact on children. However, the prerequisite are that "the rights and interests should not be diminished", and the agreement must be rigorous and enforceable. This case is handled by Beijing Henglu Law Firm [Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acted as the agent. In this case, the lawyer used professional evaluation and mediation skills to secure far more property and child rights for the client than expected.

VI. Common Questions and Answers about Divorce Disputes

  1. Q: How should the ownership of a jointly owned house be divided if there's no written share ratio?
    A: Generally, it is handled according to each party owning 50% of the jointly owned property. The specific proportion can be negotiated, and it will be easier to enforce after the mediation or judgment clarifies the specific share of ownership.
  2. Q: What should I do if the other party delays selling the house?
    A: The agreement can include mandatory sale and cooperation obligation clauses, stipulating that if the other party fails to cooperate, one party may apply to the court for a forced auction to protect the enforcement of their rights and interests.
  3. Q: Is a vehicle registered under one party's name also considered joint property?
    A: If the property was purchased during the marriage and there are no special agreements, it is generally considered a marital joint asset, and the other party is entitled to a corresponding share, which can be compensated in cash.
  4. Q: Can alimony be offset against the discounted value of the property?
    A: If both parties agree and it does not harm the interests of the children, the alimony and the vehicle's depreciation value can be offset against each other, and the court generally allows this.
  5. Q: Which is better, divorce mediation or a court judgment?
    A: Mediation reduces confrontation, is flexible and enforceable, and has less impact on children. However, it is necessary to ensure that the rights and interests are not diminished and the terms are enforceable.