[Case Summary]This case involves a post-divorce property dispute. Ms. Zhou and Mr. Su were divorced by court judgment in 2018, but the couple's real estate and debts were not settled at that time. Ms. Zhou entrusted Beijing Henglu Law Firm to handle the case for her.Li YonghuiThe lawyer sued for the division of Room No. 102 in Beijing, Room No. 2104 in Tianjin, Room No. 3402 in Shijiazhuang, and the vehicle, and claimed that Su * cheated on his wife and committed domestic violence, so he should receive a smaller share of the property and pay compensation for mental distress. The court ruled that Room No. 102 would be awarded to Su *, and Ms. Zhou would be paid a depreciation value of 2.15 million yuan for the room and a depreciation value of 15,000 yuan for the vehicle. The applicable legal provisions are the provisions of the Civil Code on the division of marital joint property, the reduction of the share of the at-fault party, and compensation for damages in divorce cases.

I. Review of the Case

Divorced women often search for terms such as "How much property can I get in a divorce if the other party cheated and committed domestic violence?" "How will the house purchased during the marriage be divided?" and "Can I sue again if I didn't get a property settlement during the divorce?" Ms. Zhou and Mr. Su registered their marriage in 2011 and had two children. In December 2018, Fengtai Court ruled on their divorce but did not address the property division. During their marriage, they purchased the Beijing House No. 102 and borrowed 1 million yuan from their parents to purchase the Shijiazhuang House No. 3402. Mr. Su purchased the Tianjin House No. 2104 before their marriage, and they jointly repaid the loan and saw the value of the property increase after marriage.

Ms. Zhou entrusted the task to someone upon recommendation.Li YonghuiA lawyer. After calming the client's emotions, the lawyer sorted out the timeline of the client's assets, applied for an appraisal of Room 102 (valued at 6.7266 million yuan on February 17, 2023), submitted a letter of commitment from Jin * proving the extramarital affair, audio and video recordings proving the infidelity, police reports and forensic reports proving the domestic violence, and claimed that Su * was at fault and should receive a smaller share of the property and pay compensation for mental damage.

II. The focus of the case

  • Focus 1: The scope and division of marital joint property.How will the three sets of houses and vehicles be divided, and will the party at fault receive a smaller share?
  • Focus II: Compensation for mental damage and joint debts.Evidence of extramarital affairs and domestic violence, and the determination of the 1 million yuan debt.

III. The professional intervention of Hengluo Law Firm

The plaintiff (Ms. Zhou) alleged that:Su * cheated on his wife and committed domestic violence, which led to the breakdown of their relationship. He should pay compensation for mental damage. As the party at fault, he should take care of the innocent party when dividing the property. He requests to divide three sets of houses and vehicles, and the defendant should pay the depreciation value and jointly bear the debt of 1 million yuan.

The defendant (Su*) argued that:All three sets of houses are not joint property and should not be divided; he denied having an extramarital affair and domestic violence, and claimed that the woman should also be compensated for her extramarital affair.

Legal opinion of Hengluo Law Firm:Li YonghuiThe lawyer submitted an evaluation report, video recordings of the infidelity, police reports on domestic violence, and forensic reports to prove Su's fault. It was pointed out that Room No. 102 was registered with each party owning 50% of the shares, and the defendant should pay the plaintiff 2.15 million yuan; the car was purchased during the marriage and sold after the defendant's divorce to buy a new car, which constituted a transfer and sale of joint property and should be divided accordingly, so the defendant was ordered to pay 15,000 yuan. Rooms No. 2104 and No. 3402 involved third parties and were not suitable for handling in this case; the plaintiff's claim for 1 million yuan in debt was not supported due to a lack of evidence; and the plaintiff's claim for mental compensation was not addressed in this case because it was not raised during the divorce litigation between the parties.

IV. Outcome of the case

The court accepted it.Li YonghuiPart of the lawyer's opinion: Room 102 belongs to Su * and the remaining loan will be repaid by Su *. Su * shall pay Ms. Zhou a discounted price of 2.15 million yuan; the NIO car with the license plate Beijing AD belongs to Su *, and Su * shall pay Ms. Zhou a discounted price of 15,000 yuan (after the defendant divorced, he sold the new car, which constitutes the transfer and sale of jointly owned property, and should be divided less). Rooms 2104 and 3402, which are registered under the name of a third party, involve the interests of others and are not suitable for handling. The debt of 1 million yuan is not supported due to lack of evidence and can be sued separately. The claim for mental compensation is not handled because it was not raised in the divorce litigation. Ms. Zhou received a total of more than 2.15 million yuan in discounted prices.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law FirmLi YonghuiThe lawyer (practice license number: 11101199611955812, subject to the certificate issued by the judicial administrative organ) acts as the agent. It is difficult to collect evidence in marital and family cases, and lawyers must balance legal relations and family relations. If the other party cheats or commits domestic violence, evidence such as police reports and audio recordings should be fixed as soon as possible; if the divorce does not involve the division of property, the parties can file a separate lawsuit for division, and the party at fault will receive a smaller share according to law.

VI. Common Questions About Divorce-Related Property Matters FAQ

  1. Q: If the other party cheated on you, committed domestic violence, and you got divorced, can you get a larger share of the marital assets in the divorce settlement?
    A:When the party at fault divides the joint property, the other party may receive a smaller share or no share at all. The party without fault should pay attention to collecting and preserving evidence.
  2. Q: How is the house that was financed after marriage divided in a divorce?
    A:The pre-marital house and the part of the increase in value after marriage are jointly owned property, and the spouse can claim compensation for them.
  3. Q: If no property has been divided during the divorce, can I still file a lawsuit again?
    A:Yes, after the divorce, property disputes can be litigated separately for division.
  4. Q: How to provide evidence of domestic violence?
    A:The police reports, forensic reports, audio and video recordings, and medical records, etc. form a chain of evidence.
  5. Q: What are the consequences of transferring jointly owned property?
    A:If the property is found to have been transferred or sold after the divorce, the party may receive a smaller share or no share at all during the division of the marital assets.