[Case Summary]This case involves a post-divorce property dispute. Ms. Wang and Mr. Zhang agreed to divorce in 2005, with Mr. Zhang agreeing to pay 800,000 yuan of their joint property in cash over a ten-year period. After the divorce, the two lived together and had a second child. Mr. Zhang appropriated the proceeds from the sale of several properties and vehicles for his own use, and later married Ms. Xu. Ms. Xu sued Ms. Wang to recover the 1.73 million yuan in gift money, and her claim was upheld. Ms. Wang subsequently retained Beijing Henglu Law Firm to handle the case.Li YonghuiThe lawyer requested that Zhang * pay the 800,000 yuan stipulated in the divorce agreement. The court ordered Zhang * to pay the 800,000 yuan within seven days. The applicable legal provisions are the provisions of the Civil Code on the effectiveness of divorce agreements and the statute of limitations for litigation.

I. Review of the case

Divorced women often search for topics such as "What to do if the money agreed upon in the divorce agreement is not paid?" "How to calculate the property when still living together after divorce?" and "What to do if the ex-wife sues for the return of the housing payment?" On February 25, 2005, Ms. Wang and Mr. Zhang agreed to divorce by signing a divorce agreement, stipulating that the couple's child would be raised by Ms. Wang, and Mr. Zhang would pay 3,000 yuan per month as child support. The couple's jointly owned real estate, cars, and company assets would belong to Mr. Zhang, who would pay Ms. Wang 800,000 yuan in cash as their joint property, to be paid in ten installments of 80,000 yuan each over a ten-year period. After the divorce, the two parties continued to live together and had a second child in 2006.

During their cohabitation, the couple purchased a villa in Beijing, a Buick car, and houses in Nanjing and Hubei Province. From 2006 to 2007, Zhang * sold a vehicle for 160,000 yuan, a house in Nanjing for 500,000 yuan, and a villa for 2 million yuan, with all the proceeds in Zhang *'s hands. Zhang * paid over 1.73 million yuan to the company in the form of a down payment for a house registered under the children's names, which was considered as a payment of half of the divorce agreement and cohabitation property. In 2021, Zhang *'s wife, Xu *, sued Ms. Wang for the return of the 1.73 million yuan and won the case. Ms. Wang entrusted someone to handle the case on her behalf.Li YonghuiThe lawyer sued Zhang * for 800,000 yuan in property disputes after the divorce.

II. The focus of the case

  • Focus 1: Whether the 800,000 yuan in the divorce agreement has been paid.Zhang claimed that the transfer of the Beijing property could be used to offset the debt, but the plaintiff did not agree with this proposal.
  • Focus Two: Whether the claim exceeds the statute of limitations for litigation.Does the phased performance and ongoing disputes interrupt the statute of limitations?

III. Professional intervention by Hengluo Lawyers

The plaintiff (Ms. Wang) alleges that:Zhang * paid half of the divorce agreement and cohabitation property in the form of a down payment for the house, but his wife sued to get the money back in disguise. Zhang * failed to pay the share that Ms. Wang should get in the divorce agreement, and he was asked to pay 800,000 yuan.

The defendant (Zhang *) argued that:He admitted the fact that the property in Beijing had been transferred to offset the debt and alimony, and claimed that the plaintiff's claim had exceeded the statute of limitations.

Legal Opinion by Hengluo Law Firm:Li YonghuiThe lawyer pointed out that the signing of the "Divorce Agreement" by both parties, confirming the payment of 800,000 yuan of joint property and the method of payment, constitutes a true expression of intent and is legally valid and should be performed. Zhang * claimed that he would offset the payment with the transfer of the property, but the plaintiff did not recognize it and the defendant failed to provide evidence of payment. The defendant should bear the consequences of failing to provide evidence. Regarding the statute of limitations, the parties agreed to perform in installments. After the expiration of the period, if there are still disputes and the plaintiff continues to demand payment, the defendant's statute of limitations defense will not be accepted.

IV. Outcome of the case

The court accepted it.Li YonghuiThe lawyer's opinion and demands, and the first-instance judgment: Zhang * shall pay 800,000 yuan to Ms. Wang within seven days after the judgment takes effect, and the acceptance fee shall be borne by the defendant. The court held that Zhang * failed to submit evidence to prove that he had paid the money, and he should bear the consequences of failing to provide evidence; the parties agreed to perform in installments, but there were still disputes after the expiration of the period, and the plaintiff demanded the payment. The statute of limitations defense was not accepted. Ms. Wang successfully recovered the 800,000 yuan stipulated in the divorce agreement.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent. The divorce agreement has legal binding force on the disposition of property. If one party fails to perform the agreement, the other party may file a lawsuit to enforce it. For the property transactions between the parties who still live together after the divorce, it is necessary to keep the evidence to avoid being claimed back by the spouse on the grounds of a gift. In case of arrears in the agreed payment, it is necessary to entrust a professional lawyer to assert the rights in time.

VI. Common Questions About Divorce-Related Property Matters FAQ

  1. Q: What should I do if the money stipulated in the divorce agreement is not paid?
    A:The divorce agreement is binding, and the other party can be sued to fulfill it. If the other party fails to provide evidence of having paid the agreed amount, they will bear the corresponding legal responsibilities.
  2. Q: How should the property be divided if the couple still lives together after getting divorced?
    A:The cohabitation property shall be handled as jointly owned, and the provisions in the divorce agreement shall remain independently effective.
  3. Q: How is the statute of limitations for installment payments calculated?
    A:The performance of the contract in installments shall commence from the expiration of the last installment, and continued demands for payment may interrupt the process.
  4. Q: What should I do if my ex-wife is claiming the house payment that I received from my current wife?
    A:The party to the divorce agreement may file a separate lawsuit to request the other party to pay the agreed upon sum and clarify the nature of the payment.
  5. Q: Can a divorce agreement be revoked?
    A:Except for those contracts that can be revoked due to fraud or coercion, all other contracts should be fully performed.