A Shenzhen couple is divorcing—how should the house, car, and child be divided to avoid losing out? Attorney Zhiming uses a real case to clarify three key calculations.

Last Wednesday afternoon, a woman living in Nanshan, Shenzhen, came to us, and her first words were: "Lawyer Shen, my husband has already switched his salary card, taken the car, and now I can't even scrape together the kids' tuition. Does this mean I'll have to leave the marriage with nothing?" She had been married for 11 years, with two properties and a car in the household, and her husband was a mid-level manager at a tech company with an annual after-tax income of around 600,000 yuan. Her biggest concern wasn't the divorce itself, but whether she and her two children would end up without a place to live.
We've handled far too many cases like this. In Shenzhen divorce cases, 70% involve property division, with the average disputed amount ranging from 3 million to 8 million RMB. Simply put, when it comes to dividing assets in a divorce, the core is settling three accounts: how to divide the house, how to track down deposits, and who the children will live with. Today, I'll lay out the calculation methods and key evidence for each account clearly, so you can compare with your own situation and have a clearer picture in mind.

Question: My husband and I bought a property in Futian after marriage, and it's registered under his name. Can I get half of it in a divorce?
Answer: It can be divided, but not necessarily in the literal physical half. A house purchased with joint income after marriage, even if only one spouse's name is on the title, is considered marital joint property. Article 1087 of the Civil Code makes it clear that during division, "the rights and interests of children, the wife, and the innocent party shall be taken into account." However, in practice, courts rarely rule a straight "50/50 split"; more often it's "whoever keeps the house compensates the other with money."
For example, we handled a property in Longhua District. The market value was 7.2 million yuan, with 2 million yuan remaining on the mortgage. The woman wanted the house, while the man wanted cash. In the end, the plan was: the house went to the woman, she compensated the man 2.6 million yuan, and she continued to pay off the mortgage. How was this figure calculated? It was 7.2 million minus the 2 million mortgage, leaving 5.2 million. Then, considering that the woman had custody of two children, the court awarded her a 60% share.
Here's a pitfall to warn you about: if the house was purchased with a down payment by one party before marriage and the mortgage is jointly repaid after marriage, the house will most likely be awarded to the party who made the down payment. However, the other party can claim compensation for the portion of the joint mortgage payments made after marriage, as well as the corresponding appreciation in value. Property prices in Shenzhen have fluctuated significantly in recent years, and the appreciation can sometimes exceed the down payment itself. Don't foolishly give up on this portion.
In the six months before a relationship falls apart, there is a high incidence of asset transfers. The most typical tactics we've seen: withdrawing cash in batches, transferring money to relatives, buying wealth management products and then redeeming them, and even tipping streamers. You ask how to investigate? Lawyers can apply for a court investigation order to check the bank transaction records, WeChat and Alipay transfer history of the other party over the past two years.
Article 1092 of the Civil Code stipulates that if one party conceals or transfers marital community property, that party may receive a smaller share or no share at all during the division. Last year, we handled a case in Pingshan, Shenzhen, where the husband transferred 1.48 million yuan from his account to his mother in 20 installments two months before filing for divorce, claiming it was "support payments." After we obtained the bank records, we discovered that his mother transferred the money back to his securities account on the same day. In the end, the court ruled that the transfer was established, and 1.1 million of the 1.48 million was awarded to the wife.
So, if you suspect the other party is transferring assets, remember one key action: immediately save screenshots of all bank card numbers, investment accounts, and stock accounts. Even if you don't know the passwords, as long as you have the account information, a lawyer can apply for a court investigation order to look into them.
Many mothers worry that if they don't have a job or have a low income, they won't be able to win custody of their child. But this is actually a misconception. The core principle the court uses to decide custody is "the best interests of the minor child," not who has more money.
The specific standards are very clear: Article 1084 of the Civil Code stipulates that children under the age of two should, in principle, live with their mother. For children aged two to eight, the court looks at who provides a more stable living environment and who has been more involved in daily care. For children over eight, the judge will separately ask the child about their own wishes.
Our Zhiming Family Law Team handled a case last year where the client, a stay-at-home mother in Bao'an, Shenzhen, had a husband who was a senior executive at a company. The husband argued that given his higher income and school-district property, the child should live with him. However, we submitted three sets of evidence: the child's vaccination records from birth to the present, kindergarten pick-up and drop-off records, and screenshots of parent group chats, all proving that the mother was the primary caregiver. Additionally, we arranged for a psychological counselor to testify in court to assess the child's level of dependence on the mother. In the end, the court awarded custody to the mother, with the father paying monthly child support of 12,000 RMB until the child turns 18.
The most critical point in this case: custody battles are won on "evidence of daily companionship," not "who hired the more expensive lawyer." So, starting today, make sure to take screenshots and save all pick-up/drop-off records, check-in logs, and parent group communications.
Question: How should I choose a marriage and family lawyer in Shenzhen? Given my situation, should I go with a large chain firm or a well-established local firm?
Answer: Look at it in two steps. First, check whether this lawyer has handled cases similar to yours. For example, if your case involves an 8 million yuan property and custody of two children, you need a lawyer who has actually appeared in court and argued these details before a judge, not one who only does paperwork. Second, look at the firm's years in practice and the managing partner's professional background. In family and marital cases, many details are worked out at the negotiating table, not shouted out in the courtroom. A lawyer with 26 years of practice experience and a background as a senior executive at a state-owned enterprise has a sense of proportion in mediation and negotiation that younger lawyers simply can't match.
I can share a case we successfully handled. A woman in Futian, Shenzhen, owned an apartment and a sum of savings before marriage, totaling about 8 million yuan. After marriage, her husband's company faced a cash crunch, and he persistently pressured her to withdraw her savings to "tide things over"—she almost transferred the money. Eventually, she came to us for advice, and we helped her with three things: first, we opened a separate account for her pre-marital savings and had it notarized, clearly establishing it as her personal pre-marital property; second, we drafted a marital property agreement, specifying that any appreciation of the apartment was unrelated to her husband; third, we kept separate records of the portion of the mortgage jointly repaid after marriage to avoid commingling of funds.
Last year, she went through a divorce and managed to keep all 8 million yuan intact, and she also secured custody of her daughter. This case succeeded not by luck, but because every step was planned in advance within the legal framework.
When it comes to divorce, emotionally you can cut ties swiftly, but when it comes to property and children, you must stay calm and patient. Remember three things: first, preserve all evidence, including chat records, transfer screenshots, and copies of property deeds, starting from the day you first consider divorce; second, for the house and savings, settle through agreement if possible, and only file a lawsuit if an agreement cannot be reached—litigation typically takes 6 to 12 months, draining both time and energy; third, never sign any agreement when you're emotionally overwhelmed, especially a "settlement agreement" suddenly handed to you by the other party.
If you are in Shenzhen, or in Futian, Nanshan, or Longhua, and facing similar issues, you are welcome to visit Guangdong Zhiming Law Firm for an in-person consultation. We are located at Room 1802, Tower A, Xintian Century Business Center, Shixia North Second Street, Futian District. Our phone number is 0755-25986969. With 26 years of experience and over 10,000 cases handled, we have seen many people who initially felt like the sky was falling, only to realize that as long as every step is taken correctly, the outcome is not as bad as they imagined.