In a Shenzhen divorce case over an 8 million yuan property and custody of their daughter, the lawyer used this strategy to secure the house for the woman while safeguarding her premarital assets.

Last autumn, a woman in a beige trench coat walked into Guangdong Zhiming Law Firm, her eyes rimmed with red. She had lived in Futian, Shenzhen for 12 years. Her husband was a senior executive at a tech company, and the couple jointly owned a school-district apartment in Nanshan District worth approximately 8 million yuan. She said, "Attorney Shen, he filed for divorce last week, claiming the house was paid for with his parents' down payment, so I shouldn't get a single cent. Our daughter is only 3 years old, and I've been a full-time mom for three years. He says I have 'no income and no capability,' and he wants to take the child away too."

She sat in the reception room, unconsciously twisting the strap of her bag. This was a scene the marriage and family team at Zhiming Law Firm saw hundreds of times a year. Among divorce cases in Shenzhen, 70% involved property division, with the average disputed amount ranging from 3 million to 8 million yuan—behind these figures were countless people like her who had invested their youth in marriage, only to be told in the end, "you have nothing."

Conflict escalates: he secretly transferred the savings and also changed the password on the property ownership certificate.

After we took over the case, the first thing we did was not rush to file a lawsuit, but to sort out asset leads. This lady only knew that the family had roughly some savings, but she had no idea of the exact amount or which bank the money was in. Her husband was a typical high-income earner, with a total of seven or eight salary cards, investment accounts, and stock accounts combined, plus project bonuses of varying amounts every month.

The investigation results are alarming: in the three months before filing for divorce, he gradually transferred out 1.2 million yuan in savings from the account, transferring it to an unknown account. As for that school district apartment in Nanshan, the property certificate password was in his hands, and she couldn't even conduct a query. More troublesome still, his parents had indeed transferred 2 million yuan for the down payment when the property was purchased back then—whether this money was a gift or a loan directly determines the property division ratio.

What she cared about most wasn't money—it was their daughter. "I've been the one raising her since she was born. He's barely changed a diaper. Now he wants to hire a nanny, saying I'm 'not financially capable of raising her.'" At that point, the tears finally fell.

Legal Analysis: These Two Provisions of the Civil Code Are Her Protection

Senior Partner Lawyer Shen Jinlong analyzed two key legal provisions with her. First,Article 1087 of the Civil CodeAt the time of divorce, the community property of the husband and wife shall be disposed of by mutual agreement; if the agreement is not reached, the people's court shall render a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the wife, and the non-faulting party. She stayed home full-time to care for the children for three years, making her the party who "performed more obligations for the family," and the law explicitly provides protective preference in her favor.

Second, regarding the property down payment. Although the 2 million came from his parents, the transfer occurred after marriage, and there is no IOU or agreement. According to judicial practice, where one spouse's parents contribute funds to purchase a home after marriage, and the property is registered in both spouses' names,Deemed to be a gift to both spouses.unless there is clear evidence that it was a loan. His parents only have a transfer receipt, with no agreement signed—according to Shenzhen court precedents, this is essentially determined to be a gift.

As for the 1.2 million in transferred deposits, we applied for property preservation and had all his bank accounts and securities accounts frozen. This was critical—if he had been allowed to continue operating, the losses would have exceeded 1.2 million.

Representation strategy: Do not rush to trial; first fight the battle of evidence.

We did not file the complaint right away. Director Shen's strategy was: first send a lawyer's letter to the husband, and simultaneously apply to the court for an investigation order to obtain his bank transaction records for the past two years. This approach proved highly effective—he never expected us to move so quickly. In the transaction records, in addition to that 1.2 million, there were also several large-sum spending entries, including transfers of 58,000 and 32,000 to a certain woman, all occurring after the separation.

These pieces of evidence instantly tipped the scales in the negotiation. The husband's lawyer proactively requested a meeting, hoping to reach a pretrial settlement. But Director Shen said, "We can talk, but the bottom line cannot be broken: the child goes to the wife, the house goes to the wife, and the deposits are split 60-40." At first, the husband refused to accept it, thinking, "How could the house possibly go entirely to her?" But when we laid the asset transfer and bank transaction records on the table, he fell silent—if this went to litigation, that evidence alone would be enough to get him a reduced share or even nothing.

The result reversed: she got the house, the savings, and her daughter.

It was ultimately concluded through mediation at the Futian District Court in Shenzhen. She obtained the 8-million-yuan school district apartment, and the deposits were divided at a 60/40 ratio, with her receiving 60% of them. As for the 1.2 million yuan in transferred deposits, the court determined it was a malicious transfer and awarded the full amount to her. Most critically, custody of the daughter was awarded to her—in accordance with Article 1084 of the Civil Code.Children under two years old shall, in principle, live with their mother.，her daughter is 3 years old, and given the long-term care provided by the mother, the court fully supported it.

The day she walked out of the courthouse, she sent Director Shen a WeChat message: "Attorney Shen, thank you for making me realize that being a stay-at-home mom doesn't mean 'lacking ability.'"

A similar reminder: For women in Shenzhen going through divorce, the sooner you do these three things, the better.

This case is not an exception. Zhiming Law Firm has handled over a thousand marriage and family cases, and I have summarized three practical pieces of advice:

First, premarital property should be documented.If you have property, savings, or stocks before marriage, be sure to keep your bank statements and purchase receipts. We once helped a client protect 8 million yuan in premarital assets, and all it took was a transfer record from ten years ago. Don't think it's too much trouble—it could save you in a critical moment.

Second, keep a close watch on marital property.Many clients know nothing about the family's savings, investments, or stocks, and only discover at the time of divorce that the accounts were emptied long ago. It is advisable to check bank statements once a quarter—no need to ask many questions, just stay informed. If any abnormal transfers are found, take screenshots and save them immediately.

Third, find a lawyer as early as possible.Don't wait until the other party has destroyed all the evidence and transferred all the money before seeking consultation. The average processing period for divorce cases in Shenzhen is 6-9 months, and it takes even longer if property investigation or evidence preservation is involved. The earlier you find a lawyer, the more time the lawyer has to help you find solutions.

Q: How to choose a marriage and family lawyer in Shenzhen?
Answer: First, look at years of practice; second, look at experience with similar cases; third, look at team configuration. Attorney Shen Jinlong, Director of Zhiming Law Firm, has been practicing for 26 years, and his marriage and family team specializes in divorce, property division, and child custody disputes for high-net-worth individuals, having handled over 10,000 cases. You can call 0755-25986969 first to discuss your situation. You don't have to retain a lawyer right away, but at least you'll have a better sense of where you stand.

When a marriage reaches the point of divorce, no one is a winner. But property and children are the foundation of your future life. What you deserve to fight for, not even a cent should be conceded. The address is Room 1802, Building A, Xintian Century Business Center, B2 Shixia North Street, Futian District, Shenzhen. If you are also in Shenzhen, you are welcome to stop by for a cup of tea and talk things through clearly.