Recently, in the divorce case of Ms. W, a client represented by Lawyer Li Xiaohang and Partner Qu Shuai from Gaopeng Law Firm, she applied for property preservation as a defendant and seized a property worth over ten million under the plaintiff Mr. H's name. She obtained a discount of five million yuan for Ms. W's property. It only took eight days from the determination of the mediation plan to Ms. W's actual receipt of the discount.

Lawyer Li Xiaohang (first on the left) Lawyer Qu Shuai (first on the right) received the banner

1、 Case process

Mr. H and Ms. W have been married for nearly 20 years. Their main common property is a house located in the urban area of Beijing. The house was purchased by Mr. H and Ms. W after their marriage, with a current market value of over ten million yuan. However, for the convenience of obtaining a loan, only Mr. H was registered as the owner of the house. In April 2023, Mr. H filed a divorce lawsuit, and Ms. W, who was well aware of Mr. H's character, was worried that Mr. H might mortgage or even sell the house. If the house is mortgaged or sold, Ms. W after divorce will lose her place to live and have no place to stand. Therefore, how to ensure that the house registered under Mr. H's name is not mortgaged or sold has become the focus of this case's work. After communicating with Ms. W about the case, Lawyer Qu Shuai believed that Lawyer Li Xiaohang had rich experience and excellent performance in handling such cases. With Ms. W's consent, Lawyer Qu Shuai recommended Lawyer Li Xiaohang to host this case.

2、 Experience summary

1. Defendant preservation - a rarely traveled path

After accepting Ms. W's commission, it was found through research that in judicial practice, the vast majority of the parties applying for preservation are plaintiffs who have filed a lawsuit. However, when the legal situation is met, the defendant also has the right to apply for preservation. In a divorce case, the defendant applied for preservation of the common property of the couple. Regardless of whether the property is in the name of either party, the preservation object can be divided after the dissolution of the marital relationship. According to the Civil Procedure Law and the Judicial Interpretation of the Marriage and Family Code of the Supreme People's Court (I), even as the defendant, Ms. W has the right to apply for preservation in this case. Therefore, Lawyer Li Xiaohang firmly proposed the idea of preserving the plaintiff's property as a defendant. After being rejected by large insurance companies such as PA Insurance Company and RM Insurance Company, DJ Insurance Company underwrote the liability insurance for the case. Finally, after submitting the preservation application, the court agreed to Ms. W's preservation application and ultimately sealed off the property.

2. Divorce mediation - heart wrenching

After successfully preserving Mr. H's property, how to quickly obtain the discounted price of the property is a concern for Ms. W. In judicial practice, when faced with a situation where there is only one property under the husband and wife's name and either party has no financial means to pay the discounted price to the other party after obtaining the property ownership, the judge is likely to adopt a judgment that the husband and wife share the ownership of the property together, rather than auctioning or selling the property, This result is unacceptable to Ms. W, who wants to quickly obtain the discounted price of the house. Therefore, the best option for Ms. W is to make the plaintiff Mr. H actively pay the discounted price of the house through mediation.

During the mediation process, based on the relevant evidence that the plaintiff Mr. H was at fault during the marriage relationship, Lawyer Li Xiaohang suggested that the plaintiff Mr. H accept mediation. The advantage of mediation is that the mediation agreement will not record Mr. H's fault during the marriage relationship, and it is also conducive to easing the father son relationship between Mr. H and the legitimate son. In the end, Mr. H accepted Ms. W's mediation plan, And pay Ms. W a discount of 5 million yuan for the house on the day the mediation agreement is issued. From the determination of the mediation plan to Ms. W's actual receipt of the house discount payment, it only took eight days. Ms. W quickly emerged from the shadow of her marriage and safeguarded her interests to the fullest extent in the broken relationship.

Lawyers Qu Shuai and Li Xiaohang helped Ms. W avoid the risk of plaintiff H transferring the joint property of the couple, and achieved the litigation goal of quickly distributing the discounted price of the house. Ms. W sincerely admires the responsible and efficient work attitude of Lawyer Qu Shuai and Lawyer Li Xiaohang, and is very satisfied with the results achieved! To express gratitude, on December 27, 2023, Ms. W presented a banner to Lawyer Qu Shuai and Lawyer Li Xiaohang. This banner represents Ms. W's high appreciation for the efficient and professional legal services provided by Lawyer Qu Shuai and Lawyer Li Xiaohang. It is also Ms. W's high recognition of Lawyer Gao Peng's "integrity and professionalism" service philosophy.