[Case Summary]This case involves a post-divorce property dispute. The plaintiff and the defendant are remarried spouses. On August 24, 2021, the court ruled that the two parties should divorce, but did not address the issue of their marital joint property. The focus of the dispute is two houses: House No.1 was a marital home purchased by the plaintiff's mother in 2002 with an investment of 520,000 yuan and registered under the defendant's name; House No.2 was an affordable housing unit purchased by the defendant in 2006 and registered under his name. In 2018, the defendant sold the house to a third party for 5,400,90 yuan without the plaintiff's consent, and the proceeds were transferred to the defendant and his ex-husband's son. The plaintiff claims that the two houses are marital joint property and should be divided. She has entrusted Attorney He Liu from Beijing Henglu Law Firm to represent her. The core disputes include whether the two houses belong to marital joint property, whether the plaintiff has committed any fault, and whether she has hidden or transferred property. The applicable legal provisions are Article 1062, Article 1063, and Article 1087 of the Civil Code, as well as Article 83 of the Interpretation of the Marriage and Family Code (I).

I. Review of the case facts

After the divorce, many people realize that the other party still owns real estate under their name, or even that the property has been secretly sold. Many litigants search for terms like "How to divide marital property disputes after divorce", "Can a spouse recover a property sold without their consent during the marriage", and "How to calculate the discounted value of a house". The plaintiff and defendant were both remarried. On August 24, 2021, the court ruled that the couple should divorce, but did not address the division of marital assets. On September 12, 2002, the plaintiff's mother, Liu*, transferred 520,000 yuan to the defendant via bank transfer, which was used to purchase the marital home, House No. 1. On September 22 of the same year, the defendant paid 520,000 yuan to the developer and registered the house under his own name. In August 2006, the defendant signed a contract with the Housing Development Center to purchase House No. 2 and registered it under his name. In July 2018, without the plaintiff's consent, the defendant secretly sold House No. 2 to a third party, Liu*, for 5,400,090 yuan and transferred all the proceeds to the defendant's son, Ren*, from his previous marriage. The plaintiff argued that both House No. 1 and House No. 2 were marital assets and should be divided, so she filed a lawsuit. The defendant countered: 1. House No. 1 was purchased before marriage and belonged to his personal property; the 520,000 yuan was a bride price. 2. House No. 2 was also premarital property (derived from public housing demolition compensation). 3. The couple had been separated since 2007 and did not purchase any property together after separation.

II. The focus of the case

  • Focus 1: Whether Houses No.1 and No.2 belong to the couple's joint property, and how to determine the nature of the funds invested by the plaintiff's mother.The amount of 520,000 yuan is either a bride price or a contribution to the purchase of a house, which directly determines the ownership of the house.
  • Focus Two: Whether the defendant's unauthorized sale of House No. 2 and transfer of the purchase price affect the division of property.The use of the sale proceeds and the identification of jointly owned property.
  • Focus 3: The defendant alleges that the plaintiff had an extramarital affair and concealed and transferred property during the marriage. Should the plaintiff receive a smaller share of the marital property or no share at all?Is the evidence of the fault sufficient?

III. Professional intervention by Hengluo Law Firm

The original plaintiff claimed that:The plaintiff claims that Houses No.1 and No.2 are the couple's joint property and requests their division in accordance with the law.

The defendant argued that:The defendant claimed that both houses were his personal property before marriage (House No. 1 was purchased with the bride price, and House No. 2 was purchased with the demolition compensation), and that the plaintiff had had an affair and hidden and transferred property, so she should not be entitled to a share of the jointly owned property.

Hengluo Lawyer's Agency Opinion:After accepting the plaintiff's entrustment, Hengluo Lawyers immediately began their representation work. The lawyers believed that, according to relevant laws and judicial interpretations, if one party requests a division of marital joint property after divorce but has not yet dealt with it, such property should be divided according to law if it is indeed marital joint property that was not involved in the divorce. The focus of this case was whether the disputed house belonged to the joint property of the plaintiff and the defendant. After investigation and evidence collection, it was determined that the house in question was purchased by the defendant during the marriage and was not divided at the time of divorce, and the plaintiff enjoyed corresponding rights. During the trial, the defendant claimed that the plaintiff had an extramarital affair and was the at-fault party, and that the plaintiff had hidden and transferred property. Hengluo Lawyers did not recognize the authenticity of the photos submitted by the defendant, but recognized the authenticity of the loan agreement, guarantee letter, medical expense receipts, and medical records, although they did not recognize their evidentiary value. This successfully undermined the defendant's claim that the plaintiff should receive a smaller share or no share of the property.

IV. Outcome of the case

After the trial, the court supported some of our claims. The court held that the evidence submitted by the defendant was insufficient to prove that the plaintiff committed marital infidelity, so its claim that the plaintiff should receive a smaller share or no share of the couple's joint property was not accepted. In addition, since the ownership registration of House No. 1 has not been obtained and the conditions for division do not exist, the case will not be dealt with at this time and can be handled separately after the certificate is obtained. After the trial, it was established that House No. 2 is the couple's joint property. Based on the sale price and the parties' investment situation, it was determined that the defendant should pay the plaintiff a house depreciation compensation of 1,500,000 yuan. In accordance with Articles 1062, 1063, and 1087 of the Civil Code of the People's Republic of China, and Article 83 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China, the judgment is as follows: The defendant shall pay the plaintiff a house depreciation compensation of 1,500,000 yuan within 30 days from the date this judgment takes effect.

5. Henglu Law Firm's Reminder

This case is handled by the professional lawyer team of Beijing Henglu Law Firm (Practice Certificate No.: __________, subject to the certificate issued by the judicial administrative organ). Post-divorce property disputes refer to disputes arising between divorced parties over property division, compensation, and the performance of divorce agreements, often triggered by omitted or hidden/transferred assets. If you discover that the other party owns unregistered real estate or that the sale proceeds have been transferred during the divorce process, you should promptly preserve evidence, apply for a property investigation, and claim a division of assets within the statutory time limit.

VI. Common Questions and Answers about Property-Related Cases after Divorce

  1. Q:The divorce judgment did not divide the property. Can I still sue for property division after the divorce?
    A:Yes. For the joint marital property that was not involved or omitted during the divorce, one party may request a division according to law; if the No. 1 house in this case is not dealt with because the property rights registration has not been completed, it can be claimed in a separate case when the conditions are met.
  2. Q:The other party secretly sold the house during the marriage. Can the proceeds from the sale of the house still be recovered?
    A:If the house is a jointly owned property of the couple, the unauthorized sale and transfer of the house funds will not affect the nature of the jointly owned property. You can claim a share of the sale proceeds or the house's depreciation value, and collect evidence such as transfer records and contracts.
  3. Q:When one parent purchases a house with their own funds after marriage, is it considered joint property or personal property?
    A:It depends on the nature of the registration and the investment. If it is registered under the name of one of the spouses and there is no clear indication of a gift to an individual, it is usually regarded as joint property. The specific determination will depend on factors such as the transfer notes and gift agreements.
  4. Q:The other party said I had an affair and wants me to give up a larger share of the property. Will the court support this?
    A:There must be sufficient evidence. If the other party only submits photos and you do not recognize their authenticity, and there is no other supporting evidence, the court will generally not accept them and will not award you fewer points or no points based on them.
  5. Q:Can affordable housing be directly divided during a divorce?
    A:It depends on the time of acquisition, the investment, and the status of the property rights. If the property was acquired during the marriage and registered under one party's name and purchased with joint marital assets, it is generally considered joint marital property. In this case, the property may be awarded to one party, who must then pay the other party a compensation amount equivalent to the property's value.