[Case Summary]This case involvesProperty disputes after divorceMs. Gao married Tan * in 1991 and divorced by agreement in 2003, with an agreement that they would not share any joint housing. In July 2020, the house No. 608 under Tan *'s name was auctioned for 8.54 million yuan due to debts, and Ms. Gao only then discovered that the house had been purchased by Tan * in 2001 (during their marriage) and had been concealed and not divided during the divorce. Ms. Gao entrusted Beijing Henglu Law Firm to handle the case.Li YonghuiThe lawyer, on behalf of his client, argued that the house should be divided as the couple's joint property. The court determined that the house was purchased during the marriage and was not dealt with during the divorce, thus it belonged to the couple's joint property. After calculating the contribution ratio, the court ruled that Tan * should pay Ms. Gao 945,649.38 yuan as the house's depreciation value. **Core disputes**: Whether a house purchased during the marriage belongs to the couple's joint property, and whether omitted assets during the divorce can be divided again. **Applicable legal provisions**: The provisions of the Civil Code regarding the re-division of hidden marital joint property and the division of marital property during the marriage.

I. Review of the Case

"Can the real estate discovered after divorce be divided?" and "What should one do if the other party hides assets?" are common questions regarding property disputes after divorce. The disputed assets in post-divorce property disputes are often difficult to handle in divorce cases or involve assets belonging to third parties. These disputes are characterized by complex relationships, intense conflicts, frequent financial transactions, and difficulties in investigating and obtaining evidence. It is challenging to determine whether the assets belong to the couple's joint property, and the types of assets involved are also more complex.

Ms. Gao and Mr. Tan got married in 1991 and later divorced by agreement on April 17, 2003. The divorce agreement stipulated that the couple had no joint housing and would resolve the housing issue on their own after the divorce. On July 30, 2020, due to Mr. Tan's failure to fulfill his debts to others, the house located at No. 608 in Beijing under his name was forcibly sealed by the court and later auctioned for a price of 8.54 million yuan. At this time, Ms. Gao only found out that Mr. Tan had purchased the house at No. 608 in 2001, but had not informed her about it during the divorce. Ms. Gao believes that the property should be considered as the couple's joint property and should be divided. She has entrusted Beijing Henglu Law Firm to handle the case for her.Li YonghuiThe lawyer is representing this case.

II. The focus of the case

  • Focus 1: Whether House No. 608 belongs to the couple's joint property.The key issue in this case is whether the house purchased during the marriage and registered under Tan's name can be identified as a jointly owned asset and whether it should be redistributed after the divorce due to its non-division during the divorce process.
  • Focus Two: Can the omitted assets in a divorce be divided again?The divorce agreement stipulates that there are no jointly owned houses, but now it has been discovered that the couple hid their real estate. Can the rule of "there are still unresolved jointly owned properties" be applied to request a division of the property?
  • Focus Three: The proportion of the share enjoyed by the woman and the amount of the discounted price.When calculating the woman's share based on the proportion of contributions during the marriage, how should the discounted price of the house be determined in the case where the house has been auctioned?

III. Professional intervention by Hengluo Law Firm

The plaintiff (Ms. Gao) alleged that:The plaintiff claimed that House No. 608 was purchased during the couple's marriage, with Tan * paying the down payment and part of the loan. However, the house was not disclosed and divided during the divorce, so it should be considered a marital joint property. The plaintiff requests the division of the house and the payment of the corresponding depreciation value of the house.

The defendant's (Tan *'s) position:During the trial, the man did not appear in court to defend himself, and our lawyers proceeded with the trial by presenting substantial evidence and making professional arguments.

Hengluo Lawyer's Agency Opinion:Li YonghuiAfter receiving the client's mandate, the lawyer immediately began the representation work. The lawyer believes that according to relevant regulations, if one party sues for division of marital property on the grounds that there are still unresolved marital common property issues, and after review, it is confirmed that this is marital common property that was not involved in the divorce, the court shall divide it according to law. The lawyer conducted investigations and evidence collection to prove that the house in question was indeed marital common property of the couple and was not divided during the agreed divorce: House No. 608 was purchased during the marriage. Tan * paid the down payment and repaid part of the loan. By the date of divorce in April 2003, the total repayment of the loan principal and interest amounted to 147,573.11 yuan, and the couple failed to resolve the issue of this property during the divorce. Subsequently, the house was registered under Tan *'s name, so it belongs to the marital common property of Gao * and Tan *, and Gao * enjoys corresponding rights and interests.

IV. Outcome of the case

Under the lawyer's detailed evidence and professional defense, the court supported Ms. Gao's request for the man to pay the house's depreciation value. Regarding the proportion of shares owned by Ms. Gao, the court calculated it based on the proportion of contributions during the marriage. Since the house has now been executed and auctioned, Ms. Gao's request for Mr. Tan to pay the house's depreciation value has both factual and legal basis. Judgment: 1. Mr. Tan shall pay Ms. Gao the house's depreciation value of 945,649.38 yuan within seven days after the judgment takes effect; 2. The court dismisses Ms. Gao's other claims. If the judgment is not complied with on time, the court will impose double interest on the overdue performance in accordance with Article 260 of the Civil Procedure Law.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Li YonghuiAttorney (Practice Certificate No.: 11101199611955812, subject to the document issued by the judicial administrative organ). Attorney's advice: If undivided property is discovered, it can be further divided; if one party hides, transfers, sells, damages, or squanders the couple's joint property and the other party discovers it after the divorce, the latter may file a lawsuit to request another division, and the former party may be awarded a smaller share or no share at all. In cases involving "divorce real estate discounted payment" or "one party hiding property", it is recommended to entrust a professional lawyer to investigate and collect evidence, and to claim another division.

VI. Common Questions and Answers about Divorce and Family Disputes

  1. Q: After the divorce, I found out that the other party had hidden their property. Can I still divide it with them?
    A:Yes, if after the divorce, it is found that there are still unresolved marital joint properties, the party can sue to request a second division. The party who conceals the existence of such properties may receive a smaller share or no share at all.
  2. Q: If the property has been auctioned, can I still claim the discounted price?
    A:Yes, although the house has been auctioned, the corresponding rights to the joint property can be converted into a discounted price and claimed against the other party.
  3. Q: If the divorce agreement states that there is no jointly owned housing, can the couple still divide the property later on?
    A:If there are indeed properties that were concealed during the divorce, the rights to these properties will not be extinguished by the terms of the agreement. The parties may then redistribute the newly discovered assets.
  4. Q: Are there any time limits for repartitioning?
    A:From the date of discovery, the discovery of concealed property should be prosecuted in a timely manner to avoid the loss of evidence and the reduction of rights and interests.
  5. Q: What evidence should be prepared for divorce property disputes?
    A:You should collect the property ownership certificates, purchase contracts, loan records, divorce agreements, auction documents, etc., and consult a professional lawyer as soon as possible.