[Case Summary]This case involves a post-divorce property dispute. A and D agreed to divorce in a settlement agreement, stipulating that D would pay A a housing price difference of 1.9 million yuan within two years (1 million yuan in 2014 and 900,000 yuan in 2015). However, D only paid 20,000 yuan and refused to pay the remaining amount, claiming that it would be offset by child support payments. A entrusted Hengluo Law Firm to file a lawsuit in court, demanding that D pay the remaining 1.88 million yuan and interest. The court determined that the divorce settlement agreement was binding on both parties, and D still owed 1.88 million yuan after paying only 20,000 yuan. The WeChat chat records did not indicate a modified repayment deadline. The court ruled that D must pay the remaining 1.88 million yuan and interest within 15 days. Legal provisions applied: Article 1076 of the Civil Code and provisions on the binding force of divorce settlement agreements and interest payments.

I. Review of the Case

Divorce litigants often search for phrases like "What should I do if the divorce agreement doesn't provide financial compensation?", "Can I sue if I'm not compensated for the housing price difference?", and "Can the divorce agreement be enforced by force?". A and D were once married. On December 30, 2013, they agreed to divorce and signed a "Divorce Agreement", which stipulated that the wife would pay the husband 1.9 million yuan in housing price compensation within two years (1 million yuan before December 31, 2014, and the remaining 900,000 yuan before December 31, 2015), and that each party would bear their own debts and credits. After the agreement was signed, A repeatedly demanded the payment, but D transferred 20,000 yuan on December 7, 2022, and then refused to pay further amounts, citing various excuses.

A entrusted Hengluo Law Firm to sue D in court to safeguard his rights and interests, requesting the court to rule that D should pay 1.9 million yuan and the overdue interest losses. D argued that the agreement did stipulate the payment of 1.9 million yuan, and he had already repaid 20,000 yuan, leaving a balance of 1.88 million yuan. However, in March 2019, WeChat changed the payment date, and the child has been raised by him since 2017. A has not paid the alimony since 2017, and he agreed to deduct the alimony before making the payment.

II. The focus of the case

  • Focus 1: Is the house price difference clause in the divorce agreement binding on both parties?Should D pay the remaining 1.88 million yuan?
  • Focus 2: Whether the payment period has changed and whether alimony can be deducted as a payment.Whether the WeChat records constitute a change, and whether the claim for deduction is valid.

III. The professional intervention of Hengluo Law Firm

The plaintiff (A) alleges that:The two parties agreed to divorce and signed the "Divorce Agreement", which specified the payment of the housing price difference. D only paid 20,000 yuan, leaving a balance of 1.88 million yuan. He/she requested the payment of the remaining amount and compensation for interest losses.

The defendant (D) argued that:He admitted that he owed 1.88 million yuan, but claimed that WeChat changed the payment date in March 2019, and that the child was raised by him, while A failed to pay child support. He insisted that the payment should be made after the deduction of the child support.

Hengluo Lawyer's Agency Opinion:Hengluo Lawyer pointed out that according to Article 1076 of the Civil Code, the provisions of the divorce agreement on the disposition of property are legally binding on both men and women. D only paid 20,000 yuan and still owes 1.88 million yuan; D submitted WeChat records showing that A only demanded repayment but did not express any intention to change the payment deadline, so his defense was not tenable. D's failure to pay according to the agreement constitutes a breach of contract, and he should compensate for the interest loss; his claim that the alimony could be offset is unfounded, and he can make a separate claim for it.

IV. Outcome of the case

The court held that the divorce agreement signed by A and D clearly stipulated the division of property and was legally binding on both parties. D should pay 1.9 million yuan, but only paid 20,000 yuan, leaving a balance of 1.88 million yuan, which should be supported based on legal grounds. The WeChat records showed that A only demanded repayment without any intention of changing the repayment deadline, and D's defense was not accepted. D should compensate for the losses caused by breach of contract. A's claim to calculate the interest based on the loan interest rate or the LPR is justified. The interest rate of 4.75% before August 19, 2019 should be used as the basis for calculating the interest on the 20,000 yuan. The court ordered D to pay A 1.88 million yuan within 15 days, as well as the interest loss of 7,032.31 yuan on the 20,000 yuan already repaid, and the interest loss corresponding to the 1.88 million yuan.

5. Henglu Law Firm's Reminder

This case is represented by a professional lawyer team from Beijing Henglu Law Firm. The divorce agreement is a legally binding document that is binding on the handling of property and debts. Unless there are circumstances such as fraud or coercion, both parties should fully perform their obligations. If one party fails to pay the housing difference as agreed, the other party may sue for performance and claim interest on overdue payments. Alimony and compensation payments are of different natures and cannot be offset unilaterally. They should be claimed separately in accordance with the law.

VI. Common Questions About Divorce-Related Property Matters FAQ

  1. Q: What should I do if the divorce agreement doesn't provide for financial compensation?
    A:You can sue to enforce the agreement, and the property clauses in the divorce agreement are legally binding.
  2. Q: Can I sue if I'm not compensated for the difference in housing prices?
    A:Yes, you can sue for payment and claim overdue interest based on the divorce agreement.
  3. Q: Can a divorce agreement be enforced by force?
    A:Generally, you need to file a lawsuit to obtain a judgment first, and then apply for enforcement. You cannot directly enforce the agreement by force.
  4. Q: Can alimony be used to offset the compensation payment?
    A:They are of different natures and cannot be offset unilaterally. They should be handled separately in accordance with the law.
  5. Q: What should I do if the other party says the deadline has been changed?
    A:There must be evidence of a change in the agreement. Simply demanding repayment does not constitute a change in the agreement.