Divorce property division, the lawyer starts with the details to help the client win an extra 300,000 yuan

With the development of our country's economy, the concepts of marriage between men and women have undergone some changes. They are no longer bound by the constraints of marriage. Once they find that their marriage concepts are inconsistent, they will choose to divorce. Therefore, the divorce rate has been rising in recent years, and in divorce cases, dissolution of marriage is no longer the main conflict in the case. The issues of joint property and child support between husband and wife have become the focus of debate between the parties. Divorce property division is the division of joint property between husband and wife. The issue of division of divorce property is becoming more and more complicated. In this case, the client faced a property division with her husband. With the defense of the attorney, he finally obtained an additional equity transfer amount of 300,000 yuan. Let’s take a look at the process of this case with the person in charge of this case.

Basic facts of the case

Cause of action: divorce property dispute

Plaintiff: Xiaomei, female, born in 1985, Han nationality, living in Beijing

Authorized litigation attorney:

Defendant: Xiao Ma, male, born on January 22, 1985, Han nationality, living in Beijing

Case Overview:

Xiao Ma Mei and Xiao Ma registered their marriage on June 19, 2013. Xiao Ma filed for divorce in the Xicheng District People's Court on March 9, 2016, and mediated the divorce in the Xicheng District People's Court on May 4, 2016. In the divorce case In the mediation letter, the two parties divided the property, houses, cars, home appliances, and deposits, and agreed that there would be no other disputes.

After the two parties agreed to divorce, Xiaomei discovered that Xiaoma registered and established Beijing xx Trading Co., Ltd. on April 15, 2015, and transferred all the shares of the company she held to her during the divorce proceedings. His mother, Lao Du, and Xiaomei had no knowledge of Xiaoma's registration of the company and the transfer of equity. They believed that Xiaoma's behavior violated their legitimate rights and interests, so they filed a lawsuit with the People's Court of Chaoyang District, Beijing. During the lawsuit, it was discovered that Xiao Ma was a shareholder of Jilin xx Trading Co., Ltd., the company where he worked, and held 45% of the company's equity. On March 3, 2016, six days before Xiao Ma filed divorce proceedings, he transferred his holdings to Some of the company's equity was transferred to his cousin Xiao Wang, and the equity transfer price was 450,000 yuan.

Therefore, Xiaomei sued the court to request the division of the above-mentioned equity transfer funds. Xiaomei filed a lawsuit with the court and requested that Xiaoma pay 950,000 yuan for the equity transfer.

Ruling Result

Based on the statements of the parties and the evidence confirmed upon review, the court found the facts as follows: Xiaomei and Xiaoma were originally husband and wife. On March 9, 2016, Xiaoma sued They went to the Xicheng District People's Court of Beijing and requested a divorce from Xiaomei. The two divorced through mediation by the Xicheng District People's Court of Beijing on May 4, 2016. The content of the mediation agreement is as follows

1. Xiaoma and Xiaomei Mei divorced;

2. Xiaoma paid Xiaomei 200,000 yuan on May 4, 2016; Xiaoma paid Xiaomei 10 yuan before August 31, 2016. 50,000 yuan; Xiaoma paid Xiaomei 150,000 yuan before October 31, 2016;

3. The husband and wife *** share the same property including a Siemens refrigerator, a Siemens washing machine, The LG brand 48-inch TV and the Huari brand oven belong to Xiaomei; the couple owns the same Bao brand car as Xiaoma;

4. No. X, Guangqu Road, Chaoyang District, Beijing The property at No. On April 12, 2016, Xiao Ma transferred the same property to a relative of Wei Moumou without telling Xiao Mei. The share transfer price was 450,000 yuan. Therefore, Xiao Mei required Xiao Ma to pay 450,000 yuan for the equity transfer

The court held that: during divorce, if one party hides, transfers, sells, or destroys the property of the spouses, or forges debts in an attempt to appropriate the property of the other party, when dividing the property of the spouses, the concealment, transfer, sale, or destruction of the property shall The spouse who shares the same property or forges debts may divide it less or not at all.

After divorce, if the other spouse discovers the above behavior, he or she may file a lawsuit with the People's Court to request another division of the couple's assets. *Same property. During the marriage, Xiao Ma and Xiao Mei invested in the establishment of a company and enjoyed the company's equity. Later, before the divorce proceedings with Xiao Mei, Xiao Ma's behavior of transferring the company equity he enjoyed was indeed a transfer and concealment of the couple* **The behavior of the same property. Now Xiaomei requires Xiaoma to pay the corresponding equity transfer payment, which is well-founded in law and supported by the court.

For the specific amount, the court ordered Xiaoma and Xiaowang to file a lawsuit against a limited company in Jilin Province. The company's equity transfer agreement clearly stipulates that the equity transfer price is 450,000 yuan as the base, and Xiaoma is ordered to appropriately compensate Xiaomei. Xiaoma's defense lacks factual and legal basis, and the court will not accept it.

To sum up, in accordance with the provisions of Article 1092 of the "People's Republic of China and Civil Code", the judgment is as follows:

1. The defendant Xiaoma shall pay within seven days after this judgment takes effect. Plaintiff Xiaomei’s equity transfer amount was 300,000 yuan.

2. Reject plaintiff Xiaomei’s other claims.

Lawyer’s analysis

Agent’s lawyer’s analysis:

The key issues in this case are:

1. Whether the plaintiff and defendant have dealt with the equity interests of the two companies mentioned above in the divorce proceedings, and whether the plaintiff knows the facts about the equity interests of the defendant company;

2. Whether the defendant transferred concealed property.

The difficult issue in this case is that the plaintiff and defendant stated in the divorce mediation letter that they had no other disputes. During the marriage, the plaintiff knew that the defendant worked in a company in Jilin, but did not know that he held shares. , it is actually difficult to prove whether you know the identity of the shareholders. The defendant claimed during the trial that the plaintiff had known about the existence of the company for a long time, that the company's equity had been dealt with during the divorce, and that the equity transfer fee had not actually been paid. The lawyer in charge of the case successfully persuaded the judge that the defendant's behavior constituted the transfer of hidden property by obtaining the court transcripts of the two parties in the divorce dispute case, combined with the time of equity transfer and the specific content of the parties in the divorce mediation letter, starting from the details. And supported our litigation request.

Conclusion of this case

The court finally adopted the defense opinion of the attorney and ordered the other party to divide less when dividing the equity transfer money, successfully obtaining 2/3 of the equity for our client. Equity transfer payment.

When a couple chooses to divorce, if they have joint property, they need to divide the joint property first. Before the division, they should clarify what property the husband and wife have and whether there is any transfer of property. , so as not to damage their own rights and interests, and then the liquidated property will be agreed on how to divide it. Generally, it will be equal distribution. In special circumstances, the party who paid more can be taken care of, especially the woman; if the two parties cannot reach an agreement, If they are consistent, you can file a lawsuit with the court and ask the court to make a judgment. If you encounter a dispute in this regard, you can seek help from a professional lawyer to avoid detours and better protect your property rights.