primary facts
Cause of action: divorce property dispute
Plaintiff: Xiaomei, female, born in 1985, Han nationality, living in Beijing.
Entrusted agent ad litem:
Defendant Ma Xiao, male,1born on October 22nd, 1985, Han nationality, lives in Beijing.
Case summary:
Xiaomei and Ma Xiao registered their marriage on June, 20 19, and Ma Xiao filed a lawsuit for divorce with Xicheng District People's Court on March 9, 20 16, and mediated the divorce in Xicheng District People's Court on May 4, 20 16. In the mediation of divorce cases, both parties divide houses, cars, household appliances and deposits with the same property.
After the divorce was agreed by both parties, Xiaomei found out that Ma Xiao registered and established Beijing xx Trading Co., Ltd. in April 15, and transferred all the shares of the company to his mother Lao Du during the divorce proceedings between both parties. Xiaomei knew nothing about the registered company in Ma Xiao and the transfer of equity. She thought that Ma Xiao's behavior violated her legitimate rights and interests, so she went to the Chaoyang District People's Court to file a lawsuit. During the proceedings, it was found that Ma Xiao was a shareholder of xx Trading Co., Ltd. in Jilin Province, holding 45% of the company's equity, and on March 3, 20 16, that is, six days before Ma Xiao filed a divorce lawsuit, he transferred his equity of the company to his cousin Xiao Wang, and the equity transfer price was 450,000 yuan.
Therefore, Xiaomei sued the court to divide the above equity transfer funds. Xiaomei brought a lawsuit to the court: Ma Xiao paid 950,000 yuan for the equity transfer.
Adjudication result
According to the statements of the parties and the evidence confirmed by examination, the court found the following facts: Xiaomei and Ma Xiao were husband and wife. On March 9, 20 16, Ma Xiao appealed to the people's court of Xicheng district, Beijing for divorce. On May 4th, 20 16, the couple divorced after mediation by Beijing Xicheng District People's Court. The mediation agreement is as follows.
First, pony and Xiaomei divorced;
2. Ma Xiao paid Xiaomei 200,000 yuan on May 4, 20 16; Xiaoma paid Xiaomei150,000 yuan before August 3, 20 16; Xiaoma paid Xiaomei150,000 yuan before 20 161October 3 1;
3. Husband and wife * * * Siemens brand refrigerator, Siemens brand washing machine, LG brand 48-inch TV set and Huari brand oven are owned by Xiaomei; Husband and wife * * * with property treasure brand car owned by pony;
4. The property located in Room X, Floor X, Building X, Refractive Road, Chaoyang District, Beijing belongs to Ma Xiao; The property of Unit X of X Home X Residential Building in Changping District, Beijing belongs to Xiaomei;
There is no other dispute between the two sides of the verb (the abbreviation of verb). It is also found out that on April 2, 2006, the property of * * * was transferred to Wei's relatives without telling Xiaomei, and the share transfer price was 450,000 yuan. Therefore, Xiaomei asked Ma Xiao to pay 450,000 yuan for the share transfer.
The court held that if one party conceals, transfers, sells or destroys the property of the husband and wife, or forges debts in an attempt to occupy the property of the other party, when dividing the property of the husband and wife, the party who conceals, transfers, sells or destroys the property of the husband and wife or forges debts may be given less points or no points.
After the divorce, if the other party discovers the above behavior, it may bring a lawsuit to the people's court, requesting that the husband and wife be ordered to re-divide the property. Pony and Xiaomei invested in the establishment of a company and enjoyed the company's equity during the marriage relationship, and then pony transferred the company's equity before the divorce proceedings with Xiaomei, which really belonged to the act of transferring and concealing the joint property of husband and wife. Now Xiaomei asks Xiaoma to pay the corresponding equity transfer payment, which is well-founded in law and court.
Regarding the specific amount, the court ordered Ma Xiao to make appropriate compensation to Xiaomei according to the equity transfer price of 450,000 yuan clearly stipulated in the equity transfer agreement signed by Ma Xiao and Xiao Wang for a company in Jilin. Ma Xiao's defense opinion lacked factual and legal basis, and the court rejected it.
To sum up, according to Article 1092nd of the General Principles of Civil Law of People's Republic of China (PRC), the judgment is as follows:
1. The defendant Ma Xiao shall pay the equity transfer amount of RMB 300,000.00 Yuan to the plaintiff Xiaomei within seven days after this judgment comes into effect.
Second, dismiss the plaintiff Xiaomei's other claims.
Lawyer's analysis
Lawyer analysis:
The focus of this case is:
1. Whether the original defendant handled the equity of the above two companies in the divorce proceedings, and whether the plaintiff knew the fact of the equity of the defendant company;
2. Whether the defendant constitutes the crime of transferring hidden property.
The difficulty of this case is that the original defendant and the defendant stated in the divorce mediation that there were no other disputes between them. During the marriage, the plaintiff knew that the defendant was working in a company in Jilin, but he didn't know his shareholding or whether he knew his shareholder status. This is actually very difficult to prove. During the trial, the defendant argued that the plaintiff had long known about the existence of the company, and had dealt with the company's equity at the time of divorce, and the equity transfer did not actually pay the equity transfer money. The lawyer in charge successfully persuaded the judge from the details by collecting the court transcripts of both parties in the divorce dispute case, combining the time of equity transfer and the details of both parties in the divorce mediation document, and determined that the defendant's behavior constituted the transfer of hidden property, which supported our litigation request.
The conclusion of this case
The court finally adopted the defense opinion of the attorney, ordered the other party to divide the equity transfer money less, and successfully won 2/3 of the equity transfer money for my client. When couples choose to divorce, if they have * * * common property, they need to divide it first. Before the division, it is necessary to make clear what property there is between husband and wife and whether there is any property transfer, so as not to damage their rights and interests. After that, they will settle the property of * * * and make an agreement on how to divide it. In general, it is evenly distributed. Under special circumstances, you can take care of them. If the two sides can't reach an agreement, they can bring a lawsuit to the court and ask the court to make a judgment. If you encounter disputes in this area, you can seek the help of professional lawyers, avoid detours and better protect your property rights and interests.